Officers were justified to recommence the chase of a Northland driver who had shot at them, the police watchdog has ruled.
The 2020 pursuit in Whangārei was abandoned after the driver fired a rifle out the car's window but then recommenced over concerns for the public's safety. He fired at a pursuing officer's patrol car twice and later claimed an officer struck him in the face with an elbow after his arrest.
The Independent Police Conduct Authority (IPCA) was notified of the incident and began an investigation.
The incident unfolded on September 2, 2022, at about 11.33pm after the driver was pursued for driving over the speed limit - 80km/h in a 50km/h zone.
The pursuit was abandoned after the driver fired a rifle out of the car's window.
Other officers then followed the car at a safe distance at normal road speed while spikes were deployed.
The car continued driving after it was spiked. The pursuit was then recommenced over concerns the car was dark-coloured and the headlights were off, and it was nighttime.
During this pursuit the driver twice shot at one of the pursuing officers, with a bullet striking the front left headlight of the patrol car.
The driver aimed the sawn-off .303 bolt action rifle at this pursuing officer several more times, but it did not fire. It's thought to have malfunctioned.
The car eventually came to a stop and the driver and his passenger were arrested. The driver was intoxicated - he told the IPCA he had 18 Cody's before driving. He also didn't have a valid driver's licence and had previously been forbidden to drive.
The driver claimed an officer struck him in the left side of his face with an elbow as he was placed in a patrol car. He also said he sustained a graze on his right cheek when he was arrested.
He claimed he had a bruise and some swelling to his jawbone the next day.
Photos taken at the police station showed the graze, but not bruising or swelling to his jawbone.
The IPCA found starting the initial pursuit for speed alone wasn't justified. "Mr X's offence did not pose a serious threat that would outweigh the risk of serious injury or death by a pursuit occurring."
It found the recommencement of the pursuit was justified due to the risks the driver posed, along with the use of road spikes. It said the decision not to abandon the pursuit after the driver shot at police was reasonable.
"The pursuit took place late at night and it was unlikely there would be many pedestrians or traffic on the road. Police needed to follow Mr X given he was armed and actively shooting out of his car," the IPCA said.
"This was a highly stressful situation for all involved and we acknowledge that despite this, the incident, overall, was well managed and ultimately resolved without serious injury or the loss of life."
Northland District Commander Superintendent Tony Hill said the police agree with the IPCA's findings.
The driver pleaded guilty on charges related to his driving and firing a rifle at the police. He was sentenced to seven years imprisonment.
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