The Independent Police Conduct Authority says an officer was justified in firing shots at a man who was driving directly at him while trying to escape from police in Auckland in January, 2019.
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Police were called to Northcote where a man had fired shots. He was tracked by the police helicopter to Manurewa.
The IPCA said the man drove at speed and on the wrong side of the road through a residential area. Three dog handlers attempted to block his car and bring it to a stop.
It said at an intersection on Great South Road, the man spun his car 180 degrees to avoid road spikes. An officer drove forwards to block him, got out and pointed his glock towards the man, challenging him to surrender. The man accelerated towards the officer from less than 2-metres away. The officer side-stepped and fired three shots at the man.
The authority said the officer was justified in firing in self-defence, despite firing as the man drove past and away from him.
It said the officer perceived he was about to be run over and feared he could not get out of the way in time and fired to force the man to steer away from him.
The IPCA said in the circumstances, he did not have any other tactical option available to protect himself.
Authority chair Judge Colin Doherty found that the difference between the officer's perception of when he fired the shots and his actual position when he did so could be adequately explained by the speed of unfolding events and the pressure of the situation.
"Because the timeframe was so compressed, it is likely the officer fired the shots in response to the position of the man's car as he perceived it to be a fraction of a second beforehand. He fired without processing in his mind that the car had now travelled past him."
The Authority investigated the man's complaint that he was assaulted and abused during his arrest, but was satisfied that this is unsubstantiated.
Police have acknowledged the findings of the IPCA.
Waitematā District Commander, Superintendent Naila Hassan said the shots did not hit the man and he was arrested a short time later.
''It was an extremely volatile and dangerous situation where we had a person who was known to have used a firearm fleeing police and he posed an extreme risk to the public on our roads.''
She said it highlights the fast-moving and often dangerous nature of policing.
Police said they fully support the IPCA's findings that the officer was justified in his actions.
The offender was charged in relation to the incident and in October 2019 was sentenced to 2 years and 3 months in prison.