KEY POINTS:
The Green Party yesterday joined calls for the use of pepper-spray to be reviewed, despite findings that show the man who died after being sprayed on Tuesday had a pre-existing medical condition and suffered a heart attack.
Henry Bailey, who also has a history of mental health issues, died at his Mangere home moments after being pepper-sprayed by police who had been called there about an assault.
A post-mortem examination showed the 42-year-old died of a heart attack, but police are still awaiting toxicology results.
Head of the investigation, Detective Superintendent Andy Lovelock, said Mr Bailey had a pre-existing heart condition which made him susceptible to suffering a heart attack at any time, particularly when in a heightened emotional state.
"His death is sad for all concerned," said Mr Lovelock. "The investigation team are maintaining regular contact with Mr Bailey's family both in New Zealand and overseas."
Police yesterday remained at the scene and were speaking to witnesses about what happened.
An investigator from the Independent Police Conduct Authority is looking into the actions of the police officers involved.
Mr Bailey is the fourth person who is believed to have died in New Zealand after being pepper-sprayed. All victims had mental health issues but in at least two cases coroners found that the pepper-spray had not caused their deaths.
Green Party MP Keith Locke said last night it was time for police to review their use of pepper-spray given another death. The spray was used around 2000 times a year and it would be useful to investigate whether police were resorting to it too much.
There should also be a check on whether police guidelines for dealing with mentally disturbed people needs to be changed. Pepper-spraying people in an excited state presents more problems because their breathing might already be impaired, he said.
Lawyer Marie Dyhrberg, who has spoken out against the Taser being introduced in New Zealand, backed the call for a review into the use of pepper-spray.
People with mental health issues are often on medication and "the negative effects will be exacerbated" if they are subjected to stress.
Detective Inspector Steve Rutherford said police were called to Mr Bailey's home by a man who claimed he had been assaulted.
Police found Mr Bailey "aggressive, threatening and challenging" and warned him he would be pepper-sprayed if he did not calm down.
He calmed down but became aggressive again and was pepper-sprayed and hit on the arm with a baton.
As the officers began to handcuff him, they noticed he had stopped breathing and began CPR but he died.
His family has told the Herald Mr Bailey had been released from mental health services about a year ago and was doing "really well" before his death.
