The police watchdog has found an officer who fired nine shots at a gang member - a prisoner who hadn't returned from compassionate leave - was justified in firing some, but not all of the shots.
The incident happened at Te Teko near Whakatāne in Bay of Plenty on May 27, 2020.
The Independent Police Conduct Authority (IPCA) said the man applied for compassionate leave from Waikeria Prison to attend a tangi in Te Teko on 13 May 2020. He was granted bail and was meant to return to prison at 6pm the next day but failed to do so.
On May 27, police unexpectedly approached the man, he then fled and police chased him.
The man stopped his spiked car in Te Teko, pointing a gun towards police then running across the road to steal a parked car.
An officer, believing the man was firing at himself and other officers, shot at the man five times.
While the man sat in the driver’s seat of the car, the officer fired three more shots, hitting the back of the car.
The man then got out of the car and the officer fired one last shot. The man dropped the gun onto the footpath before driving off in the stolen car. He was arrested a few hours later.
The incident took place over 37 seconds and the officer’s nine shots were fired over around 15 seconds. No-one was injured.
There is no evidence the man actually fired his shotgun. However, the IPCA believes it was reasonable for the officer to genuinely believe he was firing towards him and other officers, given analysis of video footage of the incident and witness accounts.
The IPCA found the first five shots and the last shot fired by the officer were justified in order to defend himself and others.
IPCA Chair, Judge Colin Doherty, said: “I accept the officer’s overall actions were to defend himself and others, in this fast-moving, challenging situation.
"However, it is implausible to believe he perceived the man posed an immediate threat to anyone while the man was sitting inside the car, at the instant the officer pulled the trigger to fire shots six, seven and eight.”
The officer fired some of the shots from the car, a practice which is not currently addressed in policy.
Police are amending policy to ensure this is covered.
The IPCA said it found police did not follow all procedures after the shooting incident.
Superintendent Tim Anderson says this was a high-risk incident for the officers involved.
“This was an extremely dangerous incident.
"I am proud of the officers involved and how they reacted to a fluid and fast-changing situation."
He said police always review these incidents and learn from them.
“I am grateful that no one was injured and that our officers were able to go home at the end of their shift.
"We have ensured they have been supported following this incident.”
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