A police officer has been convicted with assault with a weapon following an unlawful arrest in which excessive force was used against a motorcycle rider not wearing a helmet in Auckland last year.
The Independent Police Conduct Authority (IPCA) oversaw a police investigation into the allegations, with a summary report released on Tuesday.
The officer attempted to stop the rider at a gas station in April 2024, using their patrol car to pin the bike against bollards protecting the gas pump.
“The police investigation established that the officer intended to stop the rider because they were not wearing a helmet,” the report summary read.
“The officer said while pulling into the forecourt, he accidentally pressed the accelerator pedal which caused the car to drive forward into the motorcycle.”
The officer had not activated lights or sirens, nor signalled the rider to stop, making the attempted traffic stop unlawful.
The only offence committed by the rider – failing to wear a helmet – was an infringement-only offence, meaning the officer had no legal grounds for an arrest.
When the rider ran off following the crash, the officer used pepper spray and their Taser to arrest the rider.
Police deemed the use of pepper spray reasonable, but Taser footage later revealed the officer fired the device at the rider while they were running away.
The first attempt was ineffective, but the second deployment brought the rider to the ground.
After the Taser’s effects wore off, the rider moved to their knees and was instructed to lie on their stomach. The officer then fired the Taser a third time.
Acting Auckland City District Commander Inspector Grant Tetzlaff told 1News police acknowledged the summary report.
“Police found each use of the Taser was unnecessary and excessive and he was charged with careless driving and assault with a weapon.”
The officer pleaded guilty and was convicted of assault with a weapon, however, he was discharged without conviction on the careless driving charge, Tetzlaff said.
“An employment process was commenced; however the officer resigned before the matter concluded.”
