Photo:
The police watchdog has found police acted largely within their powers when dealing with a rowdy group of young men two years ago, despite an officer kicking one of them near the head.
Police in Auckland were called at about 3am on 11 November 2023, after a resident complained the men were being abusive and tipping over rubbish bins.
The group had attended a few parties before moving around the Beachlands area.
Three officers responded, with nine more and a dog unit coming to assist in the more than hour-long altercation.
The men were extremely intoxicated, fighting with each other, and acting in a belligerent manner toward officers, police said.
Police arrested one person shortly after arriving, prompting verbal abuse from the rest of the group.
Officers tried to control the situation by talking to the group, warning they would use a taser, and pepper spraying two other individuals while they fought.
They arrested the other two men after they stopped fighting. One of them was particularly affected by the pepper spray, screaming and verbally abusing officers.
Man panicked after being pepper sprayed
An Independent Police Conduct Authority report into what happened said the man was having trouble breathing, felt extreme burning in his eyes, and was extremely panicked.
The man told the IPCA he intentionally spat at one of the officers.
"I was upset and angry with the way they were treating me and without thinking and being intoxicated, I stupidly spat in their direction," he said in the report.
"Not realising at the time that spitting is a form of assault."
During his arrest, two officers told the IPCA they saw an officer kick the man in his head before raising him to his feet.
Five men were arrested in total, and they were taken to the Manukau Custody Unit.
The IPCA report into what happened said the officer did not recall kicking the man, despite other officers who were present saying they had seen it, though some couldn't say if it was intentional or not.
The report said it was not convinced the officer had given the IPCA a complete account of what happened.
"We have considered whether [the officer's] kick constituted an assault on [the man]," it said in the report.
"Assault requires intention. On the basis of the evidence that is available to us, we are unable to exclude the possibility that the kick was accidental. Accordingly, we cannot reach an adverse conclusion."
The IPCA said if the kick had been intentional, it would have been an unjustified use of force and an assault.
It also concluded that police failed to follow correct processes when giving formal warnings to the men.
Four of the men were told they would receive a formal warning before their release, while one was charged with fighting in a public place and assaulting police.
No warnings were issued.
Police have accepted the watchdog's findings, agreeing officers failed to follow the correct formal warning process.
Counties Manukau District Commander Superintendent Shanan Gray said police agreed the officers failed to follow the correct process when issuing the formal warnings.
"Work has been done since this incident to communicate with officers the importance of following our formal warning process requirements," Gray said,
The officer who kicked the man has since resigned from the police force.
