The police watchdog has cleared officers of any wrongdoing after a Kurow man was fatally shot after his concerned son called police.
A patrol car and other vehicles at the scene of the police shooting in Kurow. Photo: RNZ / Tim Brown
Graeme Warren died after being shot once in the abdomen late on 5 December last year.
Three officers went to the 65-year-old's address after his son contacted police about fears Warren was threatening to harm himself.
Warren had sent his son a text message saying he had "had enough".
His son tried to contact Kurow's local sole-charge officer, who was a friend to them both. But after he was unsuccessful he called 111 shortly after 9pm.
He told the dispatcher his father had been depressed since losing his wife 10 years earlier, had been drinking that day and was due to turn 66 the following day.
Warren had a firearms licence and his son believed he had a rifle with him.
Two officers were sent from nearby towns.
The local officer, Officer A, contacted Warren's son about 10pm after realising he missed two calls from him and then immediately contacted Warren after finding out the situation.
"He sounded very down and I was concerned for his safety," Officer A told the Independent Police Conduct Authority.
Officer A weighed up whether he should respond as he drank three beers while out to a Christmas dinner with his wife between 6.30pm and 10pm, but he was confident he could talk Mr Warren "out of the dark place that he was in".
Officer A located Warren at his home shortly before 11pm and spoke to him through a sliding door.
"[Mr Warren] was not aggressive, he was not angry, but I noticed he wouldn't look at me when he spoke to me," the officer said.
The two other officers arrived at the address a short time later.
After Warren was spotted in his house with a firearm, the three officers armed themselves.
The armed offenders squad and the police negotiating team were also requested.
Shortly after 11.30pm Warren sent a text message to Officer A telling him to go home.
At 11.46pm he sent him another message saying he wanted he be with his wife.
"Go home to your family safe. I have no bones to pick with you mate. Please believe me, I do not wish to take anyone with me. But I will if they push it," the message said.
Soon after Warren came out of his house and pointed his rifle at the two other officers.
Officer B shot him once after Warren swung around and pointed his gun at him.
Immediately the officers provided first-aid and requested a helicopter.
Officer A's wife, an experienced doctor, heard the shot and ran to help.
Another doctor arrived shortly after midnight and an ambulance arrived and transferred Warren to the helicopter about 1am.
He lost consciousness during the flight and died shortly before 2.30am.
The Independent Police Conduct Authority found the police's response was appropriate, as was Officer A's decision to go on duty, and the shooting was legally justified considering the potential threat Warren posed.
Southern District Commander, Superintendent Paul Basham, said police acknowledged the authority's findings.
"The officers who responded to this matter made significant and ongoing attempts to communicate with Mr Warren, urging him to surrender to Police and not harm himself," he said.
"Mr Warren's death was a tragic outcome, which has been felt deeply both by his family and the wider Kurow community.
"However it is clear that the officers involved did absolutely everything they could to prevent Mr Warren harming himself, and to provide medical assistance after he was injured. I commend all those involved for the way they responded throughout this incident."