A new report has found a Wellington police officer was justified in pulling a drunk and drugged 14-year-old boy to the ground during an arrest, although the technique used was inappropriate.
The Independent Police Conduct Authority released its report into the incident on Thursday which said the technique used was "dangerous" and "could lead to serious injury".
The arrest took place in the Wellington suburb of Tawa in September last year when the 14-year-old boy, known as Mr X, and his older brother, Mr Y, were outside a pub asking patrons for cigarettes.
Both boys admitted to being intoxicated, while Mr X had also smoked cannabis.
A concerned pub employee contacted the community patrol to help manage the brothers, but when they arrived, Mr X yelled profanities at them and gave their car a "little kick", prompting the patrol to call for police assistance.
Police officers arrived and attempted to arrest the boys, but after Mr X resisted, an officer, known as Officer C, pulled him to the ground.
He told the IPCA he used a technique he was taught as part of the training he received when he worked in the Wellington policing Support Unit which involved grabbing the boy's head, pulling it forward towards his body, going down onto one knee and pulling the boy's face towards the ground.
The technique that isn't taught as part of the Police Integrated Tactical Training (PITT) programme.
"Officer C describes the movement as slow and says he had complete control of Mr X's head throughout the entire movement," the IPCA found.
"From the kneeling position, Mr X was laid onto his stomach. Officer C insists that Mr X's head did not fall to the ground or sustain any injury during this technique."
A member of the community patrol supported the officer's account, saying: "I would
describe that as a fairly standard procedure. It didn't look over the top. I recall he was
pushed not thrown to the ground and it was a guided push. He was guided down to his knees
and then lay face-first on the ground".
The case was brought to the Authority after Mr X's mother approached Oranga Tamariki about unexplained injuries the boy had sustained throughout the night. They included a graze-like injury to his right cheek and above his right eyebrow as well as an impact injury to his left knee.
Officer C said Mr X did not sustain any injuries while he pulled him to the ground and suggested they could be from Mr X thrashing about when he was restrained.
The IPCA found that Officer C was justified in his use of force and taking Mr X to the ground, however, the technique used was "inappropriate".
"The Authority is concerned that the technique is dangerous, as the force of any downward
movement by using a person's head as leverage would place strain on their neck.
"The risk of injury would be amplified in cases where a person is intoxicated and resisting by pulling and moving about in the downward movement. Other factors such as the degree of force and speed with which the manoeuvre is executed are also risk variables that could lead to serious injury.
"We do not think the technique is a safe way of taking a handcuffed person to the ground."
Wellington District Commander Supt Corrie Parnell confirmed police acknowledged the IPCA's findings.
"It is clear that the officer involved took the appropriate action to prevent harm to both himself and the other officers present," they said.
"The youth was actively resisting arrest and his behaviour indicated that he may assault the officers."
Police also noted the IPCA's view that the technique used by the officer was not appropriate.
"Police policy allows officers to use "empty hand techniques" such as taking someone to the ground when a person is actively resistant," says Superintendent Parnell.
"While the technique used in this instance is not included in the Police Integrated Tactical Training (PITT) programme, it was a slow and controlled manoeuvre, deployed with the intent of taking the youth to the ground without causing injury."
