It detailed how on November 4 last year, Officer A and a colleague were called to a City Mission premises on Boston Rd, Grafton.
Aggressive towards staff and paramedics
They were responding to reports that a man, who had been provided with a food parcel before complaining he was unwell, had become aggressive towards mission staff and paramedics called to examine him after he complained of having breathing difficulties.
After police arrived, the man was asked to leave but he refused, leading Officer A to place a hand on his shoulder.
The man pulled away and turned while on a sloping driveway. He lost his balance, fell and hit his head on the tarmac.
Mr Z suffered serious injuries and later died in hospital.
The report said he had a safety alert in the police system indicating he might be verbally abusive towards staff.
St John staff told the IPCA that when police arrived, the officers offered to take Mr Z home, which he initially accepted.
But he then became more abusive and aggressive and told the police to “f... off”.
Witnesses described Officer A trying to fend Mr Z off by putting his hands up or pushing him, some saying he placed his hands on the man’s shoulders or chest.
Officer A said he simply rested his hand on the man’s shoulder and did not apply any significant force to push or move him.
“I reached out with my right arm, in an attempt to put my hand on his shoulder and escort him away,” the officer told the IPCA.
“I used very little force; it was a reach out to put my hand on his shoulder.
“As I did this, the male lashed out and flinched, turning his body with some haste.
“He went from being at an angle to me to being face-to-face. This action was quite snappy and quick, as if he flinched or pushed away from my arm.
“This set the male off balance ... I’ve not pushed him, he’s pulled back ... and that’s when he’s taken, two, three steps backwards … and then just kind of fallen backwards with his arms lifted up, and fallen onto the back of his head.”
The IPCA report said that there were discrepancies between various witnesses’ accounts.
However, Officer A’s account was consistent with CCTV footage taken from a camera on a business across the road, which showed that the officer did not place both his hands on Mr Z’s shoulders or chest area to push him.
The IPCA concluded the officer’s actions were reasonable in the circumstances.
“Consequently, we agree with the concurrent police investigation’s recommendation not to initiate any criminal charges against the officer,” the authority said in its report.
“Additionally, we have no employment concerns in respect of the officer’s actions.”
The separate police investigation also found that Officer A had not used force.
“This was an incredibly unfortunate incident for everyone concerned, including our attending staff,” Auckland City District Commander, Superintendent Sunny Patel, said in response to the IPCA report.
“Our sympathies remain with the man’s family and friends during what was no doubt a very challenging time.”
Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined NZME’s Open Justice team in 2022 and is based in Hawke’s Bay. His writing in the crime and justice sphere is informed by four years of frontline experience as a probation officer.
