Eight police officers are facing charges after a man was allegedly wrongly detained, strip-searched and badly injured during an unlawful arrest - but they are still on active duty.

The victim in the case is angry they haven’t been stood down and an advocate says there needs to be more consistency with other officers having been stood down while criminal matters were being investigated.

Last month, Daniel Bond,who had his automatic name suppression lifted , won the right to take a rare private police prosecution against the officers who have pleaded not guilty at the North Shore District Court. The next court appearance is a case review in February 2023, the officers have elected trial by jury.

On May 2019 while sitting in his truck in Browns Bay, Bond claims that an officer mistakenly suspected him of drink-driving and arrested him when he refused to provide details. He was charged with obstructing and assaulting police but the charges were dropped at his first appearance.

Among those charged, a sergeant has been charged with assault with a weapon (pepper spray), kidnapping and injuring with reckless disregard. A sergeant and three constables have been charged with injuring with reckless disregard, and an authorised officer and two constables have been charged with indecent assault.

After his arrest, Bond claims that police also searched his vehicle and impounded his two dogs claiming they were aggressive. It took Bond seven months to get them back.

Bond claims that he suffered a concussion and neck compression fracture during the altercation and his cell phone was smashed.

He is angry the officers haven’t been stood down.

“If a teacher was on charges for... kidnapping it wouldn’t be acceptable for them to be working. It’s taken three years to get to this point. I filed a complaint which took police 15 months to investigate and the IPCA took 29 months to come up with an answer. I can’t believe the Police Commissioner said there was no justification to stand them down.”

“If I was a victim, I don’t want to know that one of the officers standing there might be one of the eight that are currently before the courts. Police are there to uphold the law they are not above it and it seems like the higher-ups are protecting their unlawful actions by allowing them to continue working.”

Daniel Bond was wrongly kidnapped and allegedly assaulted by police officers. He has won the right to a private prosecution and wants the officers who are charged to stand down from police duties. Photo / supplied by Daniel Bond

Superintendent Naila Hassan, Waitemata District Commander said in a statement: “Police are aware of a private prosecution due to take place at the North Shore District Court involving eight of our members in relation to a matter from 2019.

“Police sought employment and legal advice which was independently reviewed and do not believe there is any justification to stand the officers down. We are also ensuring welfare is available to the staff involved.

“It would be inappropriate for police to comment further while the matter is before the Court.”

An investigation by the Independent Police Conduct Authority found multiple deficiencies in the police investigation. It disagreed with the police findings on the force used to arrest Bond, the damage caused to his cell phone; and the warrantless search of two vehicles following his arrest.

“There is no allowance under the Crimes Act for force to be used except to execute a lawful arrest... We think that, as the arrest was deemed unlawful, any subsequent use of force by police was not only unlawful but also unjustified,” IPCA chairman Judge Colin Doherty wrote.

“You were being unlawfully detained and were therefore entitled to resist by pulling away and struggling to get free from police. It was not reasonable for police to respond to this reasonable resistance with force.”

The IPCA also found the police should have offered Bond compensation for his damaged cellphone and considered whether the officers were “criminally responsible” for the force they used.

Shannon Parker, founder of the New Zealand Police Conduct Association believes there needs to be more consistency with officers being stood down.

“Where is the consistency? Other officers have been stood down while criminal matters were being investigated. Imagine how victims... would feel knowing they were dealing with an officer facing charges of this nature. It’s not right.”

A police officer was stood down in 2004 while Canterbury District Police were investigating the supply of cannabis to a group of North Canterbury school students.

Another police officer was charged and suspended over a sex bribe in exchange for dropping a driving offence in 2012.

In 2018, four police recruits were reportedly stood down over misconduct, understood to include indecent assault. Another Auckland police officer under investigation following allegations from multiple women of inappropriate behaviour and unwanted attention did not face criminal charges but was suspended for months while police investigated the allegations.

This year an off-duty police officer was charged with the drink-driving death of a cyclist in Auckland. David Lane, 69, of Remuera died at the scene of the crash in Flatbush on September 17. The officer was stood down pending an investigation.

Parker believes it’s time for the Police Commissioner to make some changes. “An overhaul of the Police Professional Conduct Group is desperately needed. I would encourage the Police Commissioner to front these victims of alleged police misconduct talk to them, get their feedback and make some changes. Change starts at the top,” Parker said.

Bond, 27, is living in a car in an undisclosed location. The former drainlayer has lost the ability to work, his parent’s trust and his faith in the police.

Bond says he is frustrated by the lengthy delays of the justice system and is mentally and emotionally distraught.

“I am pleased a judge has finally believed in me but this has been incredibly traumatic. I have bad headaches from concussion and my neck is still sore. Although I am lucky, I have ACC each week I don’t have any money to get ahead, I am still living out of my car because I can’t afford a place to live.”