The family member stated police were called on the man following an argument that had caused trouble in the area.
“He must have been causing trouble, so they already had him in custody,” he said.
“After they arrested him, they let him go into the ocean to go and retrieve the fishing net he had set, assuming he wouldn’t go far.”
The man alleges police should not have allowed him in the water, “especially because he was intoxicated”.
“That was when he started evading arrest, once he was in the water,” he said.
The man said he refused to get out of the water when he was asked.
“He had been clinging to a buoy, and then police just turned around and he was gone,” he said.
The 42-year-old was a father of five from Whakatāne, the family member revealed.
He said he left behind five children, including a 3-year-old.
“Three girls, two boys – the little one has only just turned 3,” he said.
“She doesn’t understand her dad’s gone. She’s smart, but not quite that smart,” he said.
Police confirmed the formal identification process with regard to the body is ongoing.
“However, it is likely to be the man who fled [from] police on Christmas Day,” Eastern Bay of Plenty area commander Inspector Nicky Cooney said.
In a statement released on Sunday morning, police thanked searchers and the local community for their support during this time.
The death will be referred to the coroner.