No-one was injured in the incident. (file photo) Photo: RNZ / Richard Tindiller
The Independent Police Conduct Authority has found an officer who fired nine shots at a man was justified in firing some - but not all of them.
The incident unfolded in May 2020 when a prisoner was granted leave from Waikeria Prison for a tangi. He never returned.
A fortnight later, police unexpectedly came upon the man while on an unrelated arrest warrant at a property in Kawerau and they chased him.
He stopped his spiked car in Te Teko, got out of his car, pointed a shotgun at police and ran across the road to steal a BMW outside a dairy. The officer fired five times, but missed.
When the man got into the BMW, the officer fired three more times hitting the back of the car. The prisoner appeared to be getting out of the car with his gun, so the office again fired.
The prisoner then dropped the gun and drove off. He was caught hours later.
The entire shooting incident took place over 37 seconds, and no-one was injured.
While there was no evidence the man fired his gun, the authority said it was reasonable for the officer to believe he was firing towards him and other officers, given analysis of video footage of the incident and witness accounts.
Judge Colin Doherty said overall, the officer's actions were to defend people in a fast-moving situation.
But the three shots fired into the back of the car were not justified, he said.
"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 authority also found police did not follow all procedures after the shooting incident.
Police are also changing policy to ensure it covers officers who fire shots from slow-moving patrol cars.
In a statement, Bay of Plenty District commander superintendent Tim Anderson said this was an extremely dangerous incident and he was proud of the officers for how they acted in the fast-pace situation.
"As always, we review these incidents and take learnings 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."