Auckland police officer should not have tasered man in the back, IPCA finds

May 24, 2018

An Auckland police officer who tasered a man in the back was not justified in using the weapon, the Independent Police Conduct Authority (IPCA) has ruled.

The man who was tasered suffered facial injuries and was knocked unconscious when he fell to the ground after the taser was used.

He was arrested after he was seen speeding on a motorcycle around the Auckland suburb of Henderson on 4 March last year.

After initially stopping for the police officer, the man ran away after backup was called and the taser was used following a brief chase.

The officer later told the IPCA he was worried the man might take the police car.

The IPCA found that the officer was justified in arresting the man for his dangerous driving and some outstanding warrants for his arrest, but he was not justified in pointing or firing his taser at the man.

For police to use a taser, the person involved must be "showing an intent to cause harm, expressed verbally or through body language or physical action", according to police policy.

Authority chair Judge Colin Doherty said the officer had other options available to him and the victim was not presenting an immediate threat.

"Although Officer A felt vulnerable, Mr X's behaviour was not assaultive, and Mr X was not presenting an immediate threat. Officer A had other options available to him," she said.

The Authority also found that the officer should have provided medical assistance immediately after the man was tasered, although appropriate steps were taken to ensure the man's safety after backup arrived.

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