The Independent Police Conduct Authority has found that the arrest and force used against two men in Auckland in 2022 was unjustified. The Authority completed its investigation in 2023, but was obliged to wait for Police to complete court and employment processes before publishing its report.

At 12.47am on 22 May 2022, in Galway Street, central Auckland, officers spoke to a man (Mr Z) who had yelled and gestured offensively towards them (giving “the finger”) as they drove past in a Police van. A CCTV camera captured an officer pushing Mr Z backwards and then, when Mr Z stepped forward, the officers arrested him for disorderly behaviour.

Mr Z’s friend (Mr X) filmed part of the arrest on his cell phone, but Police told him to walk away. As the van drove past Mr X down the street, he also made an offensive gesture. The officers stopped and arrested Mr X, again for disorderly behaviour.

Mr Z and Mr X were taken directly to the custody suite, where Police gave them formal warnings and promptly released them without charge.

Mr Z complained to the Authority, and we investigated. Police also investigated the matter and subsequently charged the officer who pushed Mr Z with common assault. On 31 October 2023 in the Auckland District Court, the officer pleaded guilty to the charge. He was discharged without conviction and agreed to pay reparation to Mr Z. The officer also received an employment sanction.

Police agreed the charges and warnings for both men’s behaviour were unjustified and these have been removed from the Police database.

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