Arrest of man riding without a helmet in Rotorua deemed unlawful by Independent Police Conduct Authority

The Independent Police Conduct Authority has found the arrest of a man in Rotorua was unlawful. Photo / NZME

Police unlawfully arrested a man when he became disorderly after being stopped for riding a bike without a helmet, the Independent Police Conduct Authority has found.

Officers had seen the man riding his bicycle without a helmet and stopped to talk to him in Rotorua on November 18, 2019.

The man became abusive towards the officers and was arrested. The man resisted the arrest and one of the officers put him into a headlock to restrain him, the authority said in a statement today.

The authority found the man's behaviour was a direct response to the police stopping to talk to him. The facts and circumstances did not give sufficient grounds for police to suspect the offence of disorderly behaviour had been committed.

It then follows that any force used during the arrest process was also unlawful. Notwithstanding, the use of the headlock was also excessive, the authority found.

The authority also found some unnecessary and excessive pressure was applied to the handcuffs while they were on the man, which caused him an injury.

Authority chairman, Judge Colin Doherty said: "The actions of the officers were not only unlawful but undesirable and counterproductive to the Commissioners intent of 'Policing by consent' and 'to have the trust and confidence of all'."

Police acknowledged the IPCA's findings and said staff involved were spoken to after the arrest.