In an unprecedented move, WorkSafe has laid charges against the New Zealand Police after the death of a senior gang member.
Head Hunter Taranaki Fuimaono died in hospital after being found unresponsive in police custody at the Auckland Central police station in June last year.
Fuimaono had been treated at Auckland Hospital before his arrest after he complained of severe abdominal pain and was said to be in an agitated state, NZ Herald reports.
After he was discharged, he was arrested at the hospital and taken into police custody.
Several hours later while still in custody, he was found unresponsive. An ambulance was called and officers gave him first aid, which included CPR, however, he died in hospital a short time later.
The death was referred to WorkSafe, the Independent Police Conduct Authority and the Coroner.
WorkSafe said in a statement it had 'laid charges against the New Zealand Police under the Health and Safety at Work Act 2015 sections 36(2), 48(1) and (2)(c) in the Auckland District Court on 9 June 2022".
The workplace health and safety regulator said no individual police officers have been charged "as the matter relates to New Zealand Police as a PCBU [Person Conducting a Business or Undertaking]".
"WorkSafe can't comment further as the matter is before the Court."
NZ Police said in a statement it intends to fight the charges.
"Police intend to defend the charges and have entered a not guilty plea in the Auckland District Court on 5 July.
"As the matter is now before the court, Police will not be making further comment on the matter."
Fuimaono's death was marked with a massive funeral procession that caused disruption on central Auckland roads as gang members from the Head Hunters, King Cobras, Killer Beez, Mongrel Mob and Rebels descended on St Joseph's Catholic Church in Grey Lynn.
Sixteen gang members and associates were charged with dangerous driving and antisocial behaviour in relation to the funeral procession.
The funeral sparked fury from National and ACT, which both questioned why police were shutting down roads "instead of moving an intimidating gang procession along".
But Fuimaono's family told NZ Herald he was more than just a member of the Head Hunters and had a "softer side".
"Ardie [Taranaki Fuimaono] had just become a new dad to a little baby girl, he was looking forward to that. He had taken a different path in life but he was trying to get himself straight, doing rehab."
Fuimaono's brother said his family were pleased Worksafe is prosecuting police, "especially if it means another family doesn't have to go through this".
