Photo: RNZ / Cole Eastham-Farrelly
An offender posed a real and imminent threat when he was shot twice by police on an Auckland motorway, the police watchdog has ruled.
The Independent Police Conduct Authority has released its findings into the incident that began in West Auckland in late September 2023.
It began when police were called to a petrol station in Te Atatū after getting information about a car stolen the night before in an aggravated robbery.
Two officers blocked the car and approached, but the driver rammed through other cars and escaped onto the nearby Northwestern Motorway.
It was a slow-speed pursuit because of the damage to the stolen car.
A call went out from the commander at the police communications centre that all responding staff must be armed and wearing safety gear.
After about six minutes, staff at the Auckland Transport Operations Centre sighted a firearm on the car's passenger seat.
The driver got off the motorway at Lincoln Road and turned into oncoming traffic.
He got out and was followed by the officer, known as called Officer A in the findings.
Crew in the police Eagle helicopter saw the man trying to hijack vehicles at gunpoint, and at one point, trying to smash a window with the butt of his gun.
The man then pointed the long-barrelled firearm down the road toward Officer A before running again across an overbridge.
The IPCA said the officer thought about shooting the man at this point, but decided against it because of how far away he was and how little time he had to prepare.
Several people were also close by in their vehicles, the IPCA said.
The officer took cover and yelled for the man to drop his weapon, which he ignored.
The man ran towards a truck, opened the passenger door and yelled at the driver to get out.
The officer said the man was pointing his gun at the driver as he got in, who was "leaning away from him in terror".
It was here Officer A fired his pistol five times through the windscreen into the cab, hitting the offender twice in the back.
Blood tests in hospital showed he had 170ng/ml of methamphetamine in his system.
The IPCA said the man was on electronically monitored bail for aggravated robbery, firearm possession and receiving property at the time of the incident.
He was also wanted by police for breaching bail by allegedly using tinfoil to cover his electronic monitor.
Police identified his gun as a 5.5mm calibre bolt action air rifle, classed "as an especially dangerous airgun".
Officer A told the IPCA he believed the man intended to take the truck and escape, and that the man was willing to shoot the driver.
"He knew Mr X was willing to ram other vehicles, as he had already done so," the findings said.
"He thought that if Mr X had control of the truck, he would pose a much more serious risk to the public and police due to the size of the truck and the force it could exert."
The IPCA said there could have been grave consequences of death of serious injury.
"We are satisfied that Officer A needed to respond urgently because Mr X posed a real and imminent threat," it said.
"Officer A had been calling on Mr X to surrender without success.
"We accept that Officer A had no reasonable or less violent option other than the use of his firearm available to stop Mr X and eliminate the risk he posed," it said.
The authority said other options like batons, pepper spray and tasters were "clearly unsuited" and sponge rounds or a police dog were not available.
In a statement, Superintendent Naila Hassan acknowledged the findings.
"I want to recognise the work of our frontline every day, which in many cases requires them to respond and make split-second decisions in situations unfolding rapidly to keep people safe."
"The entirety of this incident unfolded in around 10 minutes, and our staff moved forward with courage given what was taking place on the overbridge.
"I'm incredibly proud of our police officers on that day."
Police said in September, the now 31-year-old man was convicted and sentenced at the Auckland High Court for presenting a firearm at a person.
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