IPCA to investigate after rough arrest in Auckland leaves tagger in hospital

Nikau Andrews says he was “profiled” by police because he is Māori.

A man who was arrested at the weekend for allegedly tagging a wall and resisting arrest says the force used to apprehend him was excessive, and that he was "profiled" for being Māori.

A video the incident, which took place on Hopetoun Street early Sunday morning, was posted online yesterday, showing several officers holding Nikau Andrews down.

One officer appears to use their knee to strike Mr Andrews, which prompts bystanders to call out and accuse them of using excessive force.

Police are able to use strikes in that way against people resisting arrest or using violence, according to their tactical options framework - but only if it's assessed as being necessary and reasonable based on that person's behaviour, and the situation.

Police say the video doesn't capture the entire situation, missing the start of the encounter. 

Mr Andrews has also accused police of tackling him into a wall and punching him - images provided to Stuff show injuries to his elbow, back and eye.

He admits he was tagging the wall, and told Stuff that he believed he was "profiled" because of the "colour of my skin." 

A police spokesperson confirmed the incident is being referred to the Independent Police Conduct Authority for investigation, and that the force will also conduct their own review into the incident.

Police Auckland District Commander Superintendent Karyn Malthus said Mr Andrews was seen about 12.20am allegedly tagging a wall on Hopetoun Street.

He then ran from police when confronted, police said, and "violently resisted" when he was caught.

"In the course of trying to make an arrest, the man violently resisted and it took several officers to restrain him, one of whom sustained minor injuries," Ms Malthus said.

"The arresting officers struggled to apply handcuffs to the resisting man, and additional officers created a protective arc in order to allow them to complete the handcuffing action.

"Once handcuffed, the man continued to resist and had to be carried to the police vehicle."

Once at the station, Mr Andrews complained to police that he was suffering chest pain, so an ambulance was called and he was taken to hospital.

Police have charged him with willful damage and resisting arrest, and he is due to appear at Auckland District Court on July 10.

Another man who was present was also arrested on a charge of obstruction, but was released with a warning.

"Based on the information I have to hand, I am confident police acted in an appropriate and professional manner in a volatile and dynamic situation, and upon becoming aware, prioritised the man's medical treatment over keeping him in custody," Ms Malthus said.

"It is important to note that this video starts part-way through the interaction between police and the alleged offender.

"We would encourage care to be taken when viewing images or video in isolation as there is often a lack of context to the situation." 

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