As they did this the car moved forward about a metre and a third police officer narrowly avoided being hit.
One of the arresting officers punched the driver twice in the back of the head while the other struck him in the body before he was pulled from the vehicle to the ground and handcuffed.
The young driver told the IPCA that as soon as his car came to a stop he unbuckled his seatbelt and opened the driver’s door before being pulled out and kicked and punched in the face and body while on the ground by a number of officers.
He said he couldn’t remember the car moving forward or being struck by officers while still in the vehicle but said he remembered being hit while on the ground.
One of the officers who approached the car first said the driver still had his hands on the wheel and when the car moved forward he struck the teen with the “soft side of his fist” to distract him from driving, rather to cause him harm, as he was concerned other officers were at risk of being run over.
He denied punching or kicking the driver while he was on the ground or seeing any other officer do so.
The second officer to get to the car said he thought the driver still had his hand on the wheel and was using the other to fend off the first officer.
He also recalled the car moving forward and believed the teenager was trying to drive away so he used his fist to punch the boy in the ribs.
As part of the IPCA’s investigation, it reviewed CCTV footage from the Auckland Traffic Operations Centre which recorded most of the arrest.
However, the footage where the driver was pulled from the vehicle was obscured in part by a traffic pole in front of the camera.
The IPCA noted the footage showed a struggle and the car moving forward with another officer having to take evasive action to avoid being hit.
It also showed one officer kicking the driver while he was still being restrained on the ground.
Another officer at the scene said when the driver was pulled out of the car he had his hands on his head to protect himself.
He told the IPCA he saw two officers throw about five punches at the teen which he described as “swinging punches, and some were upper cuts... in total there may have been five, maybe less”.
He also said he witnessed “one or two” kicks to the teenager’s torso while he lay in the foetal position. The officer told the IPCA he thought the actions of the other officers were excessive.
The IPCA said neither of the two officers accused of striking the driver on the ground admitted to doing so but the evidence they did was “compelling”.
After the boy was arrested a doctor assessed his injuries and found he had a broken blood vessel under his left eye, swelling to the eyelid, tenderness to both sides of his forehead and an abrasion on his head as well as redness and bruising to his neck and back.
The IPCA said it couldn’t speculate on specifically which officers were involved in striking the driver but was satisfied that it happened and the force used was excessive.
“Although denied by the officers, I am satisfied the driver was kicked and punched when he was pulled onto the ground. This was an unjustified and excessive use of force,” IPCA Chair, Judge Kenneth Johnston KC, said.
“Unfortunately, we cannot identify who these officers were, and it would be entirely inappropriate to speculate.
“Likewise, I am satisfied that the kick delivered by the officer who arrived soon after, although denied by him, was a kick which was also an unjustified and excessive use of force”.
He said the use of force by the two officers in punching the driver to get him out of the car was justified “for the purpose of defending the other officers” as they believed he was attempting to flee again.
Police said in a statement despite being spiked the vehicle travelled dangerously on the motorway before coming to a stop.
Relieving Counties Manukau District Commander Inspector Matt Srhoj, said it was a fast-moving situation and police acted quickly to apprehend those involved.
“Our staff are faced with challenges every day which require decisions to be made sometimes in a split-second.
“We acknowledge the findings of the authority and have taken learnings from this incident.”
He did not say whether police would conduct its own investigation into who delivered the blows to the teen on the ground.
Jeremy Wilkinson is an Open Justice reporter based in Manawatū covering courts and justice issues with an interest in tribunals. He has been a journalist for nearly a decade and has worked for NZME since 2022.
