A Bay of Plenty police officer who was convicted after an unlawful arrest three years ago used "excessive and unlawful" force, the police watchdog has found.
The Independent Police Conduct Authority (IPCA) released a public report on the September 2018 incident on Thursday, finding the officer had "no regard for the man's wellbeing".
The man was arrested after two officers patrolling the Tauranga CBD noticed him urinating on the roller door of a fresh produce business. The officers got out of their car to speak with him and a verbal altercation ensued, resulting in one of the officers placing him under arrest.
When the man did not comply, the officer pushed him onto the bonnet of the car, took him to the ground, and knelt on his head until his partner was able to handcuff him.
The officer picked him up by the chain of his handcuffs and pushed him towards the police car.
IPCA chair, Judge Colin Doherty, condemned the officer's actions.
"In throwing the man to the ground in the street and deliberately kneeling on his head, sometimes with his full weight, the officer's actions posed a significant risk of serious harm to the man," Doherty said.
"The officer's actions in poking the man in the chest, pushing him onto the bonnet of the patrol car by his throat, pulling him to his feet by the handcuffs and shoving him in the back were all unnecessary and therefore unjustified uses of force. They were excessive and unlawful."
Doherty said the cumulative effect of all the uses of force showed the officer had no "regard for the man's wellbeing".
The man was then taken back to the police station and searched in the sally port area, where the same officer took the man to the ground, claiming he was resisting.
The agency found the officer was not justified in arresting the man, so all subsequent uses of force were unlawful. The use of force in the sally port was thus "unnecessary and unjustified", the IPCA report said.
Doherty said the officer lied in his interview with the IPCA and police about the man's behaviour.
"The officer was deliberately dishonest in his accounts to the Authority and police about the man's behaviour after he was taken to the ground at the time of arrest," Doherty said.
"The officer's partner's version of events also lacked credibility."
The officer was charged with three offences and pleaded guilty to a charge of injuring the man with reckless disregard.
He applied for a discharge without conviction, which was declined in October 2021, and received nine months of supervision and was ordered to pay $1000 reparation to the man.
The officer was also charged with assault in relation to a separate incident involving force used during the arrest of a 14-year-old on March 18, 2019. Those charges were later withdrawn by police.
Bay of Plenty District commander superintendent Andy McGregor said police expect a high standard of professionalism from staff, which the officer had fallen short of.
"Our staff come to work every day with the goal of keeping the community safe from harm," McGregor said.
The officer resigned from police in May 2021 before court proceedings concluded and before any employment-related action commenced.
