Police accepted the IPCA's findings. Photo: Cole Eastham-Farrelly/RNZ
An inquiry has found police were not justified in shooting at the tyres of an offender's vehicle as he fled the scene of an arrest last year.
The man - referred to as X by the Independent Police Complaints Authority (IPCA) - was considered high risk and a warrant was out for his arrest.
Fifteen officers, including members of the Armed Offenders Squad, attempted to arrest him at a rural property in Matapu, South Taranaki, on 18 February. He got into a black Volkswagen hatchback and fled, so an officer opened fire with his Bushmaster M4.
All three shots missed, but the offender's car soon collided with two police vehicles coming up the driveway. He got out and ran, shouting "don't shoot" but ignoring police instructions to give himself up.
He was soon apprehended at a neighbouring property a few hundred metres away.
X resisted and a taser was used multiple times, as well as a sponge round. The whole series of events was caught on camera from a police helicopter.
He later complained to the IPCA, saying he had "been shot at, beaten, and tasered without justification", according to the IPCA's report, released on Tuesday.
While the use of force to restrain him was deemed justifiable, shooting at his vehicle as he fled the scene was not.
"Police policy prohibits the use of firearms against moving vehicles unless there are exceptional circumstances. This is because it is extremely difficult to disable a vehicle by discharging a firearm at tyres, or other parts, and the small target area and margin for error imposes a high risk of bullet ricochet and/or misdirection," percent20(3).pdf the IPCA said in its report.
"We do not accept that the circumstances were exceptional. If police considered the risk of X fleeing in his car was high, then road spikes should have been deployed earlier.
"There was a low probability that, even if Officer B was successful in hitting the tyre, it would have been effective in slowing X's car. Indeed, it would almost certainly have made the car harder to control for X, elevating the risk of harm."
The police accepted the IPCA's findings.
"While Officer B believed he had no other option at the time, police acknowledges that he was not justified at shooting at the moving vehicle in this instance," Central District Commander Superintendent Scott Fraser said on Tuesday, after the IPCA's findings were released.
He said it was believed X may have had a firearm, "and would prove a danger to both officers and members of the public if he was not immediately taken into custody".
Police said they did not expect to find him already outside standing next to his car when they arrived at the property, so did not have time to lay down spikes.
The IPCA report said X had "an extensive list of previous convictions for offending involving violence and drug use".
A 2018 'lessons learned' document was recirculated amongst Taranaki staff, and refresher training carried out.
Police were also reviewing their policy around shooting at or from vehicles, expected to be completed later this year.
