The IPCA found the officer was justified in using pepper spray against the man twice because he feared for his and his junior officer's safety and the man had been angry and wanted to continue to fight. Photo: RNZ / Cole Eastham-Farrelly
A police watchdog has found an officer was justified in pepper spraying a man twice during a large fight involving around 80 people outside a Far North pub.
On the evening of 8 October 2022, three police officers were called to the Awanui Hotel in Kaitaia after fights broke out in a large crowd of people standing outside.
The Independent Police Conduct Authority said the officers tried to make the crowd move on and one of the officers, noted as Officer A in the findings, used pepper spray on a group of five people who were not obeying his instructions to leave.
Most of the group moved away, but one man came towards the officer yelling that using pepper spray was "excessive" and he "can't do that".
Officer A then sprayed the man a second time and he was arrested and given a formal warning for disorderly behaviour.
The man complained to the IPCA about the incident and how he was treated by the officer.
IPCA chairperson Judge Kenneth Johnston KC said their investigation had found Officer A was justified in using pepper spray against the man twice because he "feared for his and his junior officer's safety" and he man had been "angry" and wanted to continue to fight.
When the officers took the man to the police station after his arrest, they gave him a hose to wash off the pepper spray, but Judge Johnston noted they should have followed police policy and offered him a decontaminant treatment for the spray sooner.
The police officer involved in the complaint was no longer a member of the police for reasons unrelated to the incident, Johnson said.
Northland District Commander Superintendent Matt Srhoj said police recently distributed further guidance to Northland officers to provide aftercare as soon as possible following the use of pepper spray.
"I'm proud of our staff, who regularly put themselves in harm's way to serve the communities they live in," Srhoj said.