Police shooting of Caleb Henry on Auckland motorway 'justified' - IPCA

Caleb Dean Henry.

Police were justified in pursuing and shooting a man on Auckland's Northern Motorway last year, the Independent Police Conduct Authority says.

Caleb Henry died after being shot by police on July 7 last year.

He had carried out a violent home invasion in Opotiki and fled to Cambridge where police began their pursuit.

He phoned police and threatened to kill officers that attempted to stop him.

The pursuit ended in Auckland on the Northern Motorway where Henry shot at police and was shot and killed by a member of the Armed Offenders' Squad.

Judge Sir David Carruthers said in his report released today that the incident was complex and involved officers from four police districts.

"The incident, from the time Mr Henry was located by Police until he was shot, lasted about four hours during which time Mr Henry travelled a distance of approximately 232km," Sir David said.

Police were alerted to the home invasion around 7:30pm. Henry had fled the home in Opotiki in a stolen vehicle with a high-powered rifle and ammunition.

Just after midnight, Henry drove out of Hamilton, with police in pursuit, and fired a single shot at the Armed Offenders Squad vehicles.

The pursuit continued north to Auckland, where police laid road spikes on multiple occasions in an effort to stop Henry.

Henry came to a stop against a concrete barrier on State Highway 1.

The AOS vehicle stopped behind the vehicle Henry was driving, and officers heard a gunshot, and saw the barrel of a rifle protruding out of the driver's side.

Police threw a stun grenade towards the vehicle and Henry fired a second shot.

An AOS officer then fired at Henry.

When the three AOS officers approached the vehicle they found Henry unresponsive. He was given first aid and taken to hospital, where he died a short time later.

The authority found police were justified in commencing the pursuit of Henry and complied with the law and Police policy during the pursuit.

"Mr Henry was suspected of committing the offences of home invasion, burglary and assault, and had threatened to shoot at officers if they attempted to stop him.

"The officers involved conducted the pursuit in a coordinated manner and took a number of steps to stop Mr Henry and ensure the safety of other motorists," Sir David said.

Petrol stations adjoining the highway Henry was driving on were closed, motorway on and off-ramps were blocked and traffic lights ahead of Henry were set to stay green.

Signs were put up to warn motorists of the incident on the motorway.

The authority found the officer who fired at Henry was justified in doing so.

"Police were faced with a dangerous situation and the officer involved genuinely believed that Mr Henry posed an immediate threat of death or serious bodily harm to the officers nearby and himself," Sir David said.

"Although the incident ended in the death of Mr Henry, Police are to be commended for their command and control of the operation.

"The forward thinking and advance planning by police officers involved in this incident allowed effective ongoing communication and coordination between officers despite the fact that the pursuit travelled through five police districts, involving officers from four of them and was transmitted on multiple radio channels."

The authority highlighted some deficiencies in the use of road spikes and police are currently reviewing their Tyre Deflation Devices policy.