The arrest of a man using excessing force and resulting in a head injury was not justified, an investigation has found.
The Independent Police Conduct Authority said the arrest last year in the early hours of Sunday 27 February on Wellington's Courtenay Place was not lawful.
Two officers were on their way to a large fight nearby when a man walked about two metres behind them for about 170 metres.
After warning the man for obstruction, the officers forced the man to the ground and arrested him.
The officers told the authority they feared for their safety and were unable to do their job with the man walking behind them.
After being forced to the ground a second time while waiting for a police van, the man said an officer made a racist comment to him.
The man was taken to Wellington Central Police Station and released with a formal written warning for obstruction.
He had a visible head injury, the report found, and officers failed to give the man appropriate medical attention.
The next day the man went to hospital as he believed his head had hit the concrete during his arrest.
He was diagnosed with a head injury and took several weeks to recover.
Later, he laid a formal complaint.
Police undertook their own investigation, which found the arrest was lawful, the force appropriate and no racist comment was made.
However the authority said the arrest was unlawful, and therefore the force unjustified.
The report was unable to determine whether one of the officers made a racist comment to the man.
Authority Chair Judge Colin Doherty said the officers could have reasonably kept walking down Courtenay Place that night, even if the man continued to follow them.
"While his presence may have been annoying to the officers, it did not impede them from carrying out their duty."
Meanwhile the police have again denied the arrest was unlawful, and sought legal advice in the decision.
Acting Wellington District Commander Tracey Thompson said police are satisfied staff made the right decision that night.
"The officers had good cause to suspect that an offence had occurred and made the appropriate decision to arrest the person. Our staff are faced with challenging situations which require them to act decisively," she said.
RNZ
