Lawyer Chris Nicholls opens the case for Kent Boyd, who is suing police over two incidents, one of which was at the Green Parrot restaurant in Wellington when Boyd says John Key offered to pay for his meal. ﻿

A Wellington diner has been awarded $750 compensation after his run-in with police officers guarding former prime minister John Key at the Green Parrot restaurant.

Kent Boyd sued police for a total of $30,000 as a result of that incident, and an earlier one in which he was bitten by a police dog.

He told Wellington District Court that Key had agreed to pick up the $82 dinner tab for him and a friend, but he ended up being strong-armed out of the restaurant when the diplomatic protection squad officers overheard him telling staff of the supposed arrangement.

CAMERON BURNELL/STUFF Kent Boyd during a two-day hearing in November into the Green Parrot incident, in December 2012. (File photo)

In a decision released on Wednesday, Judge Chris Tuohy dismissed two parts of Boyd's claims but upheld one – that Boyd was unlawfully held and detained by Constable Gregory Betham.

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The judge found there was no lawful justification for the detention because Betham "did not purport" to arrest Boyd, and police had no other legal right to detain someone.

ROB KITCHIN/STUFF The Green Parrot restaurant, in Wellington's Taranaki St, is a popular haunt for politicians.

Boyd's detention – albeit brief, probably lasting less than 10 minutes – also amounted to false imprisonment, the judge found.

​Betham previously said that, when things "got heated" in the restaurant and Boyd started yelling, he grabbed Boyd and, without any force, guided him out of the door and round the corner, then released him before a uniformed officer arrived and arrested him.

When the case was heard in November, Boyd admitted he was being cheeky when he asked Key to pay his dinner bill.

CAMERON BURNELL/STUFF Boyd's lawyer Chris Nicholls opening Boyd's case last month. He says Boyd feels vindicated by the judge's decision, despite the small amount awarded to him.

The way Boyd remembered it, he went to Key's table and said, "Mr Key, I voted for you, I really like what you are doing."

He and a friend then had their photo taken, with Boyd's arm around Key's shoulder, on the night of December 17, 2012.

He asked Key to pay their bill, and recalled Key agreeing. Key, in a sworn affidavit to the court, said his recollection was that he replied: "Yeah, lots of people say that."

CHRIS MCKEEN/STUFF Former prime minister John Key did not give evidence in person, but provided a sworn statement to the court. (File photo)

Boyd says he told staff as he left the restaurant: "John's got our tab." But he was grabbed, escorted out of the restaurant, and spent a night in the police cells on a charge of theft.

Within days of the incident, police decided to withdraw that charge.

Boyd said on Thursday that he felt vindicated by the finding, saying the victory was about principle, not money.

"I've had some pretty bad run-ins with police over the years ... we've got to hold them accountable."

He said he respected the police and the courts, but did not respect some of the conduct of individual police officers.

He is considering an appeal against the dog bit finding, and said the whole saga would have been a "different kettle of fish" had the former prime minister not been involved.

Lawyer Chris Nicholls said he and Boyd felt justified in bringing the claim, as it showed police acted unlawfully.

The judge's decision also showed the Independent Police Conduct Authority's investigation into the incident was inadequate and flawed, he said.

In early 2013, the IPCA found no evidence of misconduct or neglect of duty by police.

"It shows a failure to be able to recognise unlawful conduct on the behalf of the police or DPS, which is a concern," Nicholls said.

Emails between DPS officers sent in the days after the Green Parrot incident, obtained as part of the court process, referred to Boyd and his friend as "bad guys" who were "deservedly locked up".

The emails were a concern and showed an "us and them" attitude within the DPS, Nicholls said.