The independent police watchdog has ruled an off-duty officer used excessive force while apprehending a 14-year-old boy in 2019 - during which he punched the teen in the face twice and landed him in hospital.
According to the Independent Police Conduct Authority, (IPCA) the incident happened in July 2019 when the officer caught the boy stealing cigarettes from the front deck of his north Auckland property.
The boy, along with a friend who was waiting nearby, made their way to a local park but the officer found them and demanded the cigarettes back.
One of the boys went to hand them back and the officer proceeded to knock him to the ground with two punches to the face.
The IPCA investigated the incident in 2019 but could only release its findings on Thursday due to ongoing court proceedings.
According to the IPCA, the officer said he threw the punches because he thought the boy might have had a weapon.
The boy was taken to the hospital where he was treated for a suspected fractured eye socket.
In a statement, the IPCA said punching the boy was unjustified.
"We do not accept that the officer perceived himself to have been at risk of attack from the boy or that he punched the boy to defend himself," IPCA chair Judge Colin Doherty said.
The officer was charged with injuring the boy but, after two trials last year and in 2020 where both juries couldn't reach a verdict, the Crown decided against a third trial.
Judge Doherty said the IPCA agreed with the decision to charge the officer.
Waitematā area commander Supt Naila Hassan acknowledged the IPCA's findings on Thursday, confirming the officer was no longer employed by the police.
"We place high expectations on our staff and how they perform their duties and this includes when they are off duty," Hassan said.
"Police conducted an employment investigation into the matter, which resulted in a finding of serious misconduct."