The Independent Police Conduct Authority (IPCA) is investigating a case where a top policeman refused a breath test at his home after being reported by members of the public.
Superintendent Graham Thomas, head of prosecutions at Wellington police national headquarters, was cleared by an internal investigation relating to the matter.
A spokesman for IPCA yesterday confirmed it was now investigating the case, The Dominion Post reported.
Witnesses reported seeing Mr Thomas driving erratically in Wellington in December but when police officers knocked on his front door and asked him to take a breath test he refused.
He was legally allowed to refuse, but questions have been raised as to whether he should have been expected to voluntarily take the breath test.
Police Commissioner Howard Broad said this month that Mr Thomas had a moral duty to take the test but there were "unique" circumstances which made disclosure of the details difficult.
The matter was now a employment issue with Mr Thomas remaining on sick leave.
- NZPA
IPCA investigates officer's breath test refusal
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