A police officer has been criticised by an independent watchdog after it was found he unjustifiably lunged at a driver he was trying to apprehend, as well as pointing a gun at the head of another suspect who was handcuffed on the ground.
A fellow officer involved in the arrests complained about their colleague's actions.
The Independent Police Conduct Authority today released its findings into the April 2018 incident in Taupō, which states the officer involved was unjustified and unreasonable when he kicked a man and aimed a pistol at his head.
At 8am on April 29, 2018, three men were accused of robbing a supermarket in Taupō with crowbars.
Police pursued their car and successfully spiked its tyres, then tried to force the car off the road - actions the IPCA said were justified.
However, when the car came to a stop, the first officer to arrive on the scene pointed his firearm at the driver and pulled him from the car. Two other officers arrived and dealt with the passengers.
A witness alleged that the first officer lunged at the driver, as if to punch him, while he was handcuffed. The Authority found this most likely happened and that there was no justifiable reason for doing so.
Witnesses also alleged that the officer kicked one of the passengers and held a pistol to his head as he lay face-down and handcuffed on the ground. The officer denied kicking the passenger, however, the Authority believes this did happen and therefore found the action to be unjustified and unreasonable.
The officer said he initially thought the man was secured but had not confirmed this himself.
When the man swore at him and rolled over slightly, he thought he posed a threat, so dived on top of him with his pistol still in his hand. His pistol was pointing towards the man's head and may have accidentally touched it. However, witnesses gave different accounts of the incident.
"The passenger was not in a position to effectively resist or escape police custody and did not show any intention to based on what others observed," Authority Chairman Judge Colin Doherty said.
"Although the officer has argued that he believed the passenger did pose a threat of resistance and escape, the Authority does not accept he actually believed this. Furthermore, even if that belief was genuine, it was not reasonable."
Police subsequently charged the officer with common assault and assault with a weapon. The officer was acquitted of both charges following a jury trial in February.
In a statement today, Acting Assistant Commissioner Bruce Bird said, "police hold our staff to very high standards and this arrest did not live up to them.
"The IPCA’s findings indicate this officer did not uphold our values."
After the incident, like the witnesses, another officer also spoke out against the officer involved.
"I want to commend the officer who spoke up against behaviour he believed was inappropriate," Mr Bird said.
"I also want to reassure the public that any allegations involving inappropriate conduct of a police officer will be thoroughly investigated and appropriately dealt with."
The officer has been stood down from duty while his future in the force is determined.
The three offenders where all charged and convicted of various offences.
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