New Zealand / Crime

Fatal shooting by police necessary to protect themselves, watchdog rules

12:24 pm on 6 August 2024

Police at the scene following the shooting. Photo: RNZ / Marika Khabazi

The police watchdog has found officers were justified in shooting a man after a gunfight in West Auckland last year.

David Fononga robbed a service station in Forrest Hill on 17 March 2023 while Armourguard staff were replenishing an ATM machine, making off with a canister of cash.

He fired a shotgun into the ceiling and took aim at officers when they arrived, before driving off.

He drove to Henderson, firing at officers at six different locations, none of whom were injured.

The Independent Police Conduct Authority (IPCA) said officers were forced to dodge shotgun spray to avoid being injured.

At two locations, officers returned fire, hitting Fononga's car, but not him.

Fononga eventually drove into the car park of the Henderson Police Station, where he got out of the car, and was shot by police after failing to drop his gun as officers instructed.

He was given immediate medical assistance but died of his injuries.

The IPCA found the officers who shot at Fononga around Henderson, as well as those at the police station, were justified in doing so to defend themselves and others.

They described the circumstances officers were in as extraordinarily difficult.

Relieving Waitematā District Commander, Inspector Stefan Sagar, said officers acted quickly and professionally to ensure the safety of themselves and the wider community.

He too said the circumstances of the day were extraordinary.

"This was an extremely frightening day for all police staff in Waitematā and for the community as this event unfolded," he said.

"It highlights the dangerous and unpredictable environment that our officers work in."

Sagar acknowledged the officers involved the shooting, including those who themselves were shot at or had the shotgun pointed at them.

"Despite this, they still acted professionally and quickly with community safety their priority," Sagar said.

"While we are incredibly relieved that no member of the public or officers were hurt during this incident, we do acknowledge Mr Fononga's family who despite his actions on that day have a lost a loved family member."