However, the IPCA did find that two instances of force had been unreasonable and not justified – one officer punching him in the head three times and the use of the “fishhook” technique.
The “fishhook” technique involves putting fingers into someone’s mouth to force pain compliance.
They also found officers spoke to Matue inappropriately and unprofessionally during the arrest.
“You fat c*** [indecipherable] back in the water and just drown, you f***ing idiot”, one policeman can be heard saying in the footage.
Faasala Matue died after threatening police with a metal pole and biting an officer’s hand at Ōrere Point, Auckland, before being tasered, pepper-sprayed and losing consciousness.
Police have acknowledged the IPCA’s findings, with Counties Manukau District Commander Superintendent Shanan Gray describing the officers’ language and unjustified use of force as “unacceptable and a departure from our values”.
Police had tracked a vehicle linked to two aggravated robberies from Papakura to the isolated beach, where Matue and another man were found.
Gray said officers had been faced with a difficult situation as Matue behaved aggressively while resisting his arrest, threatening them with a metal pole and biting one officer’s finger.
“I would like to acknowledge our staff who were dealing with an extremely volatile and confronting incident at the time.
“Force was used to try and bring Mr Matue under control, during which he bit the finger of an attending officer.”
He said Matue’s condition had deteriorated after the arrest. Officers administered first aid at the scene but were unable to save him.
“This was a tragic outcome for everyone concerned and our thoughts are with Mr Matue’s family.”
Gray said he would not comment on the specifics of the employment process and confirmed the officers involved were all still employed by police.