Waikato police were declared justified in returning fire on a man who had just unleashed a barrage of shots at officers after a short car chase.
Waikato police were justified in returning fire on a man who had just unleashed a barrage of shots at officers after a short car chase.
The Independent Police Conduct Authority today released its findings into the shooting involving three Waikato police officers and 36-year-old Rollie Heke.
The IPCA found the two officers were justified in discharging firearms at Heke, who fired a semi-automatic rifle at them in Morrinsville on August 12 last year.
The Authority completed its investigation into this incident in July 2018, but delayed the release of its public report until after the conclusion of related court proceedings.
In July, Heke pleaded guilty at the High Court in Hamilton to one representative charge of using a firearm against law enforcement officers and will be sentenced next month.
In a series of events which could be confused with a Hollywood movie script, Heke was driving on the outskirts of Morrinsville in the early hours of that Sunday morning when he accelerated to 89km/h in a 50km/h zone on State Highway 26.
Rollie Heke fired multiple times at police officers.
A police officer travelling in the opposite direction gave chase as Heke, who had two passengers in the red Holden, began driving erratically at varying speeds around the Waikato town.
Heke eventually stopped on Kuranui Rd on the outskirts of the town, and the police officer - concerned about Heke's driving - pulled up 70 metres away.
Heke stepped out of his car with a military-style, semi-automatic gun as his passengers, a man and woman, fled for safety.
"Officer A was unarmed and had no immediate access to firearms. He quickly put his vehicle into reverse and drove backwards for approximately 10m until he noted a tanker track on his left."
The officer, who has name suppression, drove up the track as Heke began shooting at him.
He was able to keep out of range, however a second patrol car carrying two other officers came into his line of fire.
The two officers in the second patrol car stopped 20m from the front of the red Holden, parking on the opposite side of the road, and immediately came under fire from Heke.
The pair returned fire, having previously readied their Glock 17 pistols, but with Heke positioned at the rear of his vehicle he forced the officers into the footwell of their car.
"It quickly became apparent to them that the defendant was in possession of a high-powered military-style weapon and they abandoned their patrol vehicle on foot, heading back along Kuranui Rd and onto Avenue Rd South while still under fire."
Seven rounds struck the car and two bullets entered the interior as the pair fled for their lives. A further three rounds shot from the rear of the car struck the rear driver's side door and roof.
IPCA chairman Judge Colin Doherty said: "It was reasonable for both officers to respond to the immediate and serious threat the man posed by firing their pistols at him.
"Less forceful tactical options (such as police dog, Taser, pepper spray or baton) were neither appropriate nor available in the circumstances. Nor was it practical to ask the man to surrender before the shooting began."
The IPCA also found that the officers complied with policy when arming themselves, and that police managed the incident appropriately to ensure their response was co-ordinated and properly resourced.
Waikato district commander Superintendent Bruce Bird said the officers involved had acted courageously in exceptional circumstances.
"No one should ever be shot at or face a situation as dangerous as this as they carry out their job, it shows the lengths our brave officers go to in order to keep the community safe.
"It is simply due to their quick thinking that this didn't result in serious injury or death.
"I would like to commend the bravery and courage of the three officers involved in this life-threatening situation," he said.
