The family of the innocent courier driver shot dead by police on Auckland's North-Western Motorway say the news no officers will be charged over his death has come as a shock.

Police have told the family of Naitoko Halatau that none of the Armed Offender Squad members will face charges over the January shooting.

Mr Naitoko's mother told Newstalk ZB she felt so bad about the news she had not been able to tell his grandmother before it was made public today.

Mr Naitoko was shot dead by police after they chased Stephen Hohepa McDonald across Auckland.

Hohepa faces 35 charges, some of which relate to him allegedly waving a firearm at police.

He made a brief appearance at the Auckland District Court this morning where he was remanded in custody until next month.

Auckland City District Police Commander, Superintendent George Fraser said police had conducted a lengthy and thorough police homicide investigation.

"The recommendations of the homicide investigation team were made in conjunction with advice from the Police Senior Legal Advisor and which were peer reviewed by independent senior legal counsel, John Haigh QC," Mr Fraser said.

"The AOS officers were advised of my decision yesterday, via their respective legal counsel."

The Independent Police Conduct Authority investigation and the Coroner's investigation are still ongoing.

Mr Fraser said all Armed Offenders Squad officers involved in the shooting have returned to work "after being assessed as fit to do so".

- NZHERALD STAFF and NZPA