The Independent Police Conduct Authority has found that a custody officer used unjustified force on a male prisoner in the Counties Manukau Custody Unit.

On 14 November 2023, a 19-year-old man was received into the District Custody Unit at Manukau. While in a holding cell, he began banging his head backwards against a concrete wall. Custody officers told him to stop and warned him that he would otherwise be placed in a restraint chair. However, the man banged his head a further three times.

While a restraint chair was being prepared, Custody Officer A went into the cell alone and pulled the man to his feet. The man resisted and moved into a corner of the cell, where Custody Officer A struck him while attempting to restrain him.

Two other custody officers entered and assisted in removing the man from the cell. As they escorted him towards the door, Custody Officer A punched the man in the face, saying that he believed the man was about to spit at him.

We found that custody officers should have made further attempts to stop the man from banging his head before looking to use a restraint chair, which should only be used as a last resort. Custody officers also failed to seek authority from a supervisor before using the restraint chair, as is required by Police policy.

We found that Custody Officer A should not have intervened on his own as there was no immediate threat to the man’s safety, and that it was unreasonable and unjustified for him to strike the man while in the corner of the cell.

Custody Officer A was justified in using force to stop the man from spitting at him. However, by punching him in the face, he used excessive force to do so.

Police completed their own investigation. They concluded it was not in the public interest to charge Custody Officer A but conducted a disciplinary process regarding his use of excessive force. We agree with this process and outcome.

The Authority completed its investigation in July 2024 but was obliged to wait for Police processes before publishing its report.

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