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Police not justified in shooting at armed man in passenger seat of fleeing car

31 October 2024

The Independent Police Conduct Authority has found that Police were not justified in shooting at a fleeing armed offender at an intersection in Ellerslie, but were justified in later shooting at him at a property in Hillsborough, Auckland on 30 September 2021. The man sustained life-threatening injuries but survived.

At about 8.30am, Police started to pursue the armed man in Ōtāhuhu. He abandoned his first car on the Southern Motorway and got into a second car driven by another man. The Armed Offenders Squad were activated, and two dog handlers followed in order to intervene if the man threatened the public.

At 8.54am, the man and one of the dog handlers engaged in the first of three armed confrontations at an intersection in Ellerslie. Although the man pointed a firearm at the officer, we found the officer was not justified in firing at him due to the risk he might inadvertently hit the driver of the fleeing vehicle (whose role in events at that time was unclear), or the public.

A few minutes later, both men abandoned the car at a Hillsborough property and fled. The same officer fired at the armed man as he pointed a firearm while running towards the house, and again when the officer and the armed man confronted each other on a deck. In both cases, we found the officer’s actions justified.

This was a lengthy incident involving the Eagle helicopter and the Armed Offenders Squad. However, for most of it, one officer took the leading role in responding to the threat that the armed offender posed to the public. This demonstrated considerable bravery.

Public Report

Police not justified in shooting at armed fleeing offender at an Ellerslie intersection (PDF 305 KB)

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