Police complaints authority: Hastings dog handler’s kick to armed burglar’s head deemed justified

A burglar armed with a knife and fleeing police wrestled a police dog from his leg and held it by the jaw with both hands.

In the violent struggle that followed, three officers were needed to overcome the man and the dog handler kicked him in the head.

That use of force has now been deemed justified by the Independent Police Conduct Authority (IPCA).

The incident happened in Hastings on September 20, 2023, after a resident called 111 to say a man they did not know was in their house and refusing to leave.

Police set a dog on a fleeing burglar armed with a knife, then struggled to subdue him. File photo

Police arrived soon afterwards and found him on the street outside.

When trying to arrest him, the officers recognised the man from a recent intelligence report, which warned he could be carrying a weapon.

When police tried to arrest him, he ran off and refused instructions to stop, so the handler released the dog, which attached itself to the man’s leg.

“The man wrestled the dog from his leg and held it by the jaw with both hands,” an IPCA summary of the incident said.

“After unsuccessful attempts by the handler and a second officer to break the man’s grip, the handler resorted to punching the man to the head, whereupon he released the dog.

“The man then moved an arm to his waistline, which led the handler to think the man was reaching for a weapon,” the summary said.

As the officers struggled to gain control of the man, the handler believed that he saw a knife tucked in the man’s waistband.

“Fearing the man would get hold of the knife, the dog handler kicked the man in the head,” the summary said.

The third officer arrived and helped handcuff the man, who still fought to get to his feet, and the handler used the dog to bite the man’s leg, finally allowing him to be restrained.

The officers gave the man first aid and took him to hospital.

The IPCA found the dog handler was justified in using the dog to apprehend the man and in the force he used to overcome the man’s resistance to being arrested, including the punches and the kick to the head.

“The authority’s view is that in all but extreme cases a kick to the head will be an unjustified use of force given the risks involved,” the summary said.

“However, in this case, the dog handler, seeing the knife, and reacting to the perceived risk to himself, the other officer and the police dog in an uncontrolled situation, the Authority was prepared to accept that the kick to the head was justified.”

Relieving Eastern District Commander Inspector Lincoln Sycamore said the IPCA found the use of force was appropriate, given the circumstances.

“I want to acknowledge the officers, and particularly the dog handler ... who under some really dangerous circumstances managed to resolve this incident without any injury to members of the public, officers or police dog,” Sycamore said.

Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined NZME’s Open Justice team in 2022 and is based in Hawke’s Bay. His writing in the crime and justice sphere is informed by four years of front-line experience as a probation officer.