Continued use of taser in police arrest in Kawhia 'excessive and unjustified' - IPCA

The first discharge of the taser was ruled justified, but not the following discharges. Photo / File

A police officer's repeated use of a taser while arresting a drug-affected man threatening officers with two police dogs has been ruled "excessive and unjustified".

The Independent Police Conduct Authority found police were justified in using a taser and two police dogs to subdue the man before arresting him in Kawhia on July 13 last year.

However, in a report released today the IPCA ruled the additional discharges of the taser were not justified and were excessive.

The incident occurred while officers from the Waikato Armed Offenders Squad went to two adjacent houses in the North Island west coast town to locate two people who were believed to have manufactured methamphetamine.

Police called on the occupants to come out, and after a long period a man came out of the second property.

Police were uncertain if he had access to weapons and, due to his erratic behaviour, believed he was affected by methamphetamine.

Three officers, acting independently, took action to subdue the man so he could be arrested.

One officer released a police dog, which bit the man on his arm. The man fought the dog off.

Another officer released a second police dog, which bit the man on his leg and at the same time, a third officer tasered the man.

The third officer then discharged his taser twice more before the man was handcuffed. All three officers acted within seconds of each other.

The IPCA found the first officer was justified in his actions because the man posed a threat and needed to be subdued as soon as possible. The second officer was also justified, as his police dog needed to assist the first dog.

The IPCA accepted the third officer feared imminent assault and discharged his taser in self-defence as he did not have enough time to recognise the dogs had control of the man.

However, the IPCA found from then on the man was trying to comply with police and was attempting to protect himself. The repeated use of a taser during this period was "excessive and unjustified".

"Police were justified in using police dogs to apprehend the man, who was clearly drug-affected, and presented a threat to the officers," IPCA chair Judge Colin Doherty said.

"Officer C was justified in using a taser to defend himself initially, but was not justified in firing his taser two more times."

Waikato District Commander Superintendent Bruce Bird said police acknowledged the IPCA findings.

"These tools are only used in high-risk situations and serve as a reminder of why offenders should comply with police instructions.

"We acknowledge that the officer who discharged the taser considered a range of factors, however we accept the finding that the use of force was not proportionate after the first use.

"Our staff work in a dynamic environment and regularly have to make difficult decisions in seconds. We don't always get it right but when we get it wrong we work to ensure we learn from it.

"This has highlighted that we have work to do around the coordination, communication and use of multiple tactical options when apprehending an offender."