KEY POINTS:
A nine-year-old boy should never have had access to an air rifle with which his younger sister was shot in the chest, police said today.
Six-year-old Tayla Scott has been taken off the critical list and moved out of intensive care.
She is in a stable condition following surgery after a slug from the air gun, fired by her brother Sean, grazed her heart on Friday.
Far North Area Commander Inspector Chris Scahill said police were investigating the circumstances surrounding the shooting.
Initial indications suggested it was an accident, but police were not yet sure if the shot was a direct hit or a ricochet.
He said the law was clear on who could operate an air rifle.
"When you are of an age of this boy, obviously you are not allowed to be operating an air rifle," he said.
"You must be an adult to operate an air rifle or have a firearms licence."
Mr Scahill said no adult was supervising the children when Tayla was shot and under the Crimes Act police could charge the adult who owned the gun.
Tayla's mother, Maree, said Sean had been firing the air rifle at trees about 11am when one of the pellets ricocheted off a rock and hit Tayla in the chest.
She told the Herald on Friday that it was just a "tragic accident".
- NZPA, NORTHERN ADVOCATE
