Photo: RNZ / Richard Tindiller
The intoxicated man was riding his bicycle with no lights on and was wearing his helmet incorrectly when he was stopped by officers conducting a roadblock on Redmond Street in Ponsonby.
When an officer asked the man for his personal details, he replied aggressively and did not give all the information required. He then tried to leave on his bicycle.
Three officers pulled the man to the ground and arrested him for obstruction. They put him in handcuffs and walked him to a nearby prison van. The officers then conducted a search of the man before putting him into the van.
During the search, one of the officers believed the man was going to spit on him, so punched him in the cheek. The man suffered a cut, swelling and bruising.
The Independent Police Conduct Authority (IPCA) found the man's arrest and the force used to pull him from his bicycle to the ground were justified. However, punching the man in the face was an excessive use of force.
The Authority said other options, such as using an open hand to push the man's face away to prevent the spit, should have been considered.
The authority also found the officers should have had access to a spit hood.
Authority chair Judge Colin Doherty was concerned that the officer's immediate response was to punch the man in the face.
"It is accepted that the male was actively resisting the arrest and was threatening the officers, but the punch was excessive in the circumstances.
Police accepted the IPCA findings that the use of force was not justified.
District Commander for Auckland City Superintendent Karyn Malthus said the officers on the checkpoint had a duty of care to ensure the safety of people and property.
"They were genuinely concerned about letting the man proceed while he was visibly intoxicated and with a lack of safety measures on his bicycle. Our staff encountered a man who was aggressive and made verbal threats towards them [and] one of our staff believed the mans actions meant he was moving to spit on him," she said.
"To be spat on while doing your job is a stressful event for our staff and puts their health and safety at risk. However, police accept that a punch was not the best option in these circumstances and the officer should have used an open hand to push the man's face away."
Police also acknowledged the finding that a spit hood should have been used in this situation.
Superintendent Malthus said the officer involved had since gone through an employment process, but said the details remained a confidential employment matter.