Photo: RNZ / Nate McKinnon
The police watchdog has found officers used the wrong powers to arrest a man who says he was overcome with grief at the sudden death of his partner.
In April 2023, police were called to an Auckland apartment where a dead woman was found.
Police arrested the man for obstruction amid concerns about his behaviour.
But the Independent Police Conduct Authority has ruled that wasn't justified.
It says it agrees the man needed to be detained but that incorrect legislation was used.
The authority says the man wasn't intentionally obstructing police and was uncooperative because he was highly emotional.
The authority says police should have used the Mental Health Act to arrest the man.
The police in their own investigation found the arrest for obstruction was appropriate and lawful.
The IPCA says police now accept its new findings.
In a statement responding to the findings, police say the man was "extremely agitated" and hard to engage with.
They say officers initially thought he was being affected by drugs and this led to him being arrested for obstruction.
Police said he should have instead been detained under the Mental Health Act.
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