A Whakatane police officer pepper sprayed a 10-year-old girl and her mother, but it was carelessness, rather than a deliberate act, the Independent Police Conduct Authority has found.
The girl and her mother were in a car that had been stopped by police and the officer's use of spray in a confined space, in the circumstances, has been deemed careless.
At 5.40pm on September 11 last year, police arrested a man driving a Toyota Hilux, who had failed to stop on Paul St, Whakatane.
The man had refused to give his name or provide his driver licence to police and repeatedly raised Maori sovereignty issues.
The officer thought the man was going to drive off, so he put his arm through the partially open driver's window to try to unlock the driver's door.
Another officer came to help and police say the man trapped both officers' arms in the car window. The two officers as well as the man used force but the order of events and level of force used was disputed.