Photo: RNZ / Nate McKinnon
A Motueka officer was justified in driving his patrol car into a man in March last year, though he could have communicated his movements more clearly over police radio, the Independent Police Conduct Authority has found.
The man had sparked several 111 calls by allegedly brandishing a pistol at a member of the public.
Two officers found the man in the Motueka library carpark and took up a position of observation while they waited for backup - including a third officer who had indicated over police radio that he would assist, the authority said.
When the third officer arrived, he failed to communicate appropriately of his arrival at the scene and his intentions from there, the authority said.
As the man approached on foot, the officer, startled, accelerated away.
The man then got into his car and drove across the carpark towards the two other officers who used pepper spray on him, and commanded him to surrender.
He then turned back toward his car, prompting the third officer to drive into him at low speed, knocking him to the ground where he was handcuffed, the Authority said.
In a ruling issue on Wednesday, the authority said the contact speed was less than 10 km/h and the man was not injured.
It said police later found a realistic-looking BB gun in the car.
The authority found the officer's actions were lawful, reasonable and proportionate "due to a belief that a firearm was involved."
"It should be noted, however, that use of vehicles in this way, even at low speed, is extremely dangerous, involving a considerable risk of death or serious injury, and should not be viewed by Police as simply another tactical option at their disposal," it said.
The man was later convicted and sentenced for presenting an object that appeared to be a firearm and driving while under the influence of alcohol.
In a statement, Tasman District Commander Superintendent Tracey Thompson welcomed the authority's findings.
She said the officer assessed the situation and responded accordingly to ensure the safety of all who were present.
"The officer involved used his car to mitigate the risk he believed the man presented to his fellow officers and members of the public," she said.
"The information available to the officer from the 111 calls suggested the man was armed with a pistol. The officer therefore believed there was an imminent risk that he, his fellow officers, or members of the public could be shot."
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