In a report released today, IPCA chairman Judge Kenneth Johnston said the man stole his ex-partner’s car and abducted their baby in breach of a Protection Order on April 18 last year, in Tauranga.
The man fled from the police when they tried to stop him.
The next day, the man arranged to meet his ex-partner in a “rural area” to return the child to her, the report says.
After the child was returned, members of the police Armed Offenders Squad found the man “hiding in the bush” nearby.
A police dog handler set his dog on the man while taking him into custody. As a result of a dog bite, the man suffered injuries to his face and required surgery on his ear.
IPCA was notified of the incident by the police because it involved serious bodily harm.
The report says IPCA initially oversaw the police investigation, however, it was not satisfied enough evidence had been obtained to substantiate it finding the use of force was justified, and conducted an independent investigation.
IPCA reviewed Eagle helicopter communications and footage, analysed relevant documents, visited the scene, interviewed members of the Armed Offenders Squad, and spoke with the man’s ex-partner.
The man who was bitten chose not to provide IPCA with his account.
IPCA concluded the dog handler’s use of the dog was justified under section 48 of the Crimes Act 1961, because he acted to defend himself and other officers while carrying out the arrest.
IPCA found a police dog handler's use of force was justified. Photo / NZME
The report says the man was behind a bush “in an advantageous position on a hill above the officers”.
“The dog handler had good cause to suspect he may have a knife and believed he saw something in the man’s hand.
“We are satisfied that there were no less-forceful options available. The difficult terrain limited the officers’ ability to cordon and contain the area while appealing to the man to come out of the bush.
“The position of the man, and thick foliage between him and the officers, prevented pepper spray or a Taser from being used effectively,” the report says.
The IPCA also investigated claims against police by the man’s partner, including that she was unlawfully detained at the Tauranga police station. It found there was no conclusive evidence of her allegations.
What the police say
Police told the Bay of Plenty Times the man at the centre of this case was convicted in the Tauranga District Court in October of contravening a protection order, failing to stop for police, unlawfully taking a motor vehicle, possession of methamphetamine/amphetamine utensils and possession of cannabis.
In a media statement, police acknowledged the IPCA findings.
Bay of Plenty District Commander Superintendent Tim Anderson said the officers made the right decision to ensure their safety given they were in “extremely rough terrain” and dealing with a person who had carried out serious offending.
“Our staff acted very professionally and did a great job ensuring the safety of the child and all involved including the wider community and our staff.
“I’m extremely proud and appreciative of the work that our police dog handlers do in the Bay of Plenty. They apprehend serious criminals daily, which in turn prevents further crime and victimisations.”
Megan Wilson is a health and general news reporter for the Bay of Plenty Times and Rotorua Daily Post. She has been a journalist since 2021.
