The Independent Police Conduct Authority has found that a Police dog handler was not justified in using his dog to bite a man who was resisting arrest but was justified in using the dog against a second man who threatened Police.
At a Whanganui suburb on 19 March 2022, three officers, one being a Police dog handler and his dog, responded to a complaint of men arguing on a street corner at 2am. The first man was aggressive to Police and was arrested for disorderly behaviour but resisted arrest. At one point, while resisting, the man fell to the ground along with two officers and suffered a broken ankle. We have not been able to determine how this injury happened.
During the arrest, a second man ran towards the dog handler in an aggressive and threatening manner. The dog handler warned this second man to stop, and when the man continued, the dog handler released the dog to bite the man. That man managed to break away and ran off. The IPCA has concluded that the dog handler was justified for this action.
After this, the Police dog handler released the dog onto the first man being arrested without warning him. The Police dog bit the man on the upper arm. Two officers were already using manual force to arrest the man, which we consider was appropriate and sufficient, and it was not likely he was about to escape arrest. In these circumstances, the IPCA has concluded that the release of the dog onto the first man was not justified.
“Considering there were two officers already handling Mr Z, and he was on the ground, we consider the use of the Police dog to bite Mr Z was excessive. Dog bites can cause serious injuries and we believe Police could have completed the arrest without inflicting a bite injury.” said Authority Chair, Judge Kenneth Johnston KC.
Public Report (PDF 490 KB)