Arrest and use of pepper spray on a man is illegal, says IPCA



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A police investigation found that agents in Northland broke into a man’s property, then illegally pepper sprayed him and arrested him.

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Photo: RNZ / Patrice Allen

The Independent Authority for Police Conduct oversaw a police investigation into the incident, the outcome of which was treated confidentially.

“The police investigation found that the officers who first visited the complainant were trespassing as they did not leave when the complainant made it clear that they were no longer welcome on his property,” the IPCA summary reads.

Then pepper spray or OC spray was used.

“The police found that the use of OC spray against the complainant was illegal, because the officer was trespassing on the property at the time; he should have left the property immediately rather than using force against the complainant.”

The officers then left and returned to their supervising officer and illegally arrested the man for assaulting the police.

“The arrest was determined to be illegal because the officers were raiding when the alleged assault occurred and therefore were not acting in the legal line of duty at the time.

“The actions and decision-making of the agents involved were dealt with through a confidential employment process. The Authority agrees with the result of the police investigation.”

It is unclear whether the officers were charged or punished.

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