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The police shooting of Auckland courier driver Halatau Naitoko appears to have been legal and it is unlikely his family will be able to sue for compensation, legal experts say.
However, lump-sum payments may be available through the Accident Compensation Corporation or ex-gratia payments from the Government to
assist them with funeral costs, lost income and to care for his 2-year-old daughter.
Mr Naitoko, 17, was accidentally killed in his van on Friday by police shooting at Stephen Hohepa McDonald, an unemployed 50-year-old who had allegedly shot at officers during an hour-long chase.
It is alleged that McDonald was standing on the back of a flat-deck truck with a sawn-off .22 rifle pointed in the cab window at Auckland blacksmith Richard Neville, 40.
Three officers fired five shots at McDonald as Mr Neville slammed on his brakes, hurling McDonald forward. Mr Naitoko was in the line of fire.
Scott Optican, an associate professor of law at the University of Auckland, said yesterday he believed police acted within the law.
"It's perfectly justified shooting," he said. "If the police have reason to believe they're dealing with someone who's armed and dangerous and who presents a threat of deadly force to themselves or the public, they'd be justified in shooting - no doubt about it."
Associate Professor Bill Hodge, also of Auckland University, said the issue of compensation was complex. He cited the Cave Creek tragedy where compensation was paid to victims for the negligence of the builders of the platform that collapsed and killed 14 people.
But he did not believe such negligence was a factor in this case.
"Because of ACC legislation ... victims who suffer serious injury or death - whether they drown in a canyon or they're shot by accident on the motorway - cannot sue persons responsible either for compensation or punitive [costs].
"But if a surviving family member has suffered provable mental injuries or harm they can sue for their own injury, but they require serious proof."
Auckland lawyer Gary Gotlieb said it was possible charges against police could follow, but that was a matter for the police inquiry.
Prime Minister John Key has assured Mr Naitoko's family the Government would do what it could to help.
A spokesman for Police Minister Judith Collins said last night it was too soon to say what that would entail.
Police Commissioner Howard Broad plans to visit Mr Naitoko's family as soon as he returns from Bougainville, where he has been visiting the police contingent working there.
