Whangārei Police were unjustified in using a firearm and tasers during a "poorly planned and executed attempt" to arrest a man, the Independent Police Conduct Authority (IPCA) has found.
On March 3, 2022, officers attempted to arrest the 38-year-old man, who was wanted for a series of burglaries. Police spotted the man while he was driving and followed him to a busy shopping centre in Whangārei, where he parked.
While police attempted to block the man's escape, he was able to drive out, although he crashed into several cars in the process.
As the man was trying to drive away, an Armed Offenders Squad member shot twice at the car's tyres and two officers fired tasers.
Although there was significant damage to his car, the man was still able to drive away and escape. He was arrested in Auckland a few days later.
The IPCA found the officer wasn't justified in firing gunshots, saying the risk of death or injury to members of the public far outweighed any risk the man posed.
The officers who used tasers also weren't justified. The IPCA said their use was against police policy and made the incident more dangerous because of the chance the man could lose control of his car in the busy car park.
The IPCA was also critical police failed to investigate this matter "adequately". While they said Police found firing the pistol was an "extremely risky course of action" and firing the tasers was contrary to policy, they took no action against the officers.
IPCA chairman Judge Colin Doherty said attempting to arrest the man in a busy shopping centre car park with inadequate resources and planning directly resulted in the firing of the pistol and tasers.
"The fact that no one was injured, or even killed, in this incident is remarkable and owed entirely to luck," he said.
"I am disappointed that despite the officers acting contrary to policy and placing members of the public at significant risk, Police have entirely excused their actions."
Police said they accept the IPCA's findings. Northland District Commander Superintendent Tony Hill said the circumstances and actions in the first attempt to arrest the man were unfortunate.
"The Police staff involved in this incident were acting with good intent to apprehend an offender, actively committing offending, and who may have been in possession of a firearm," he said.
"Police accept the tactics employed at the time were unwise and not in line with our policy or public safety.
"A review was completed into the operation and police identified several opportunities to improve.
"Our community expects that we conduct our operations in a well-planned and considered manner," Supt Hill said.
"We have since made improvements from the lessons identified in our review, including our procedures and additional training.
"The IPCA's report also notes these changes have been implemented and are already being used in combined operations by the groups concerned."
