Tangaru-Noere Turia, 34, died after police shot him following an incident on Avis Ave, Papatoetoe in 2021. Photo / Abigail Dougherty / Stuff
By Sophie Harris, Stuff
A police officer was wrong to fatally shoot an Auckland man, as he did not pose an immediate threat, the Independent Police Conduct Authority has ruled.
But the police union has rejected the finding, saying the officer made an “urgent” decision when faced with an armed and erratic offender.
Tangaru-Noere Turia, 34, died after police shot him following an incident at Avis Ave, Papatoetoe, in February 2021.
Officers were called to the area after a shot was fired through the window of a neighbouring house.
Police said at the time Turia came out of a house holding a shotgun and when he refused to drop the weapon, they opened fire.
On Thursday morning, the Independent Police Conduct Authority released its report into Turia’s death.
It found an officer was unjustified in shooting the 34-year-old.
He posed a “low to negligible” threat to officers and the public when he was shot, the report said.
“The Authority has found, on the balance of probabilities, that the officer’s action in shooting Mr Turia was an excessive and unreasonable use of force.
“However, it has concluded that there is insufficient evidence to prove this to the criminal standard of beyond reasonable doubt.”
The chairperson of the authority, Judge Colin Doherty, said police had been appealing to Turia to surrender, using a loudspeaker. He walked out of the front door of the house and onto the driveway, holding his loaded shotgun over his shoulder.
An Armed Offenders Squad officer saw Turi and yelled for him to drop his weapon, then shot him three times.
The authority found about two seconds elapsed from the time Turia would have been visible to the officer to when he was shot.
“The officer gave Mr Turia no time at all to comply with the request that he drop his weapon”, Judge Doherty said.
“He had the option of waiting for a response from Mr Turia and he should have done so.”
However, the New Zealand Police Association Te Aka Hāpai has rejected the finding.
Association president Chris Cahill said he disagreed that Turia did not pose an immediate threat.
Turia was armed with a gun, displaying “agitated and aggressive” behaviour and refusing to comply with police directions, Cahill said.
The officer had to make an urgent decision based on evidence presented and he did not have the “luxury” of a detailed investigation, Cahill said.
“Turia was armed and dangerous – he had previously discharged his firearm into the neighbouring address and he showed no intention of backing down.”
Any delay would have placed officers at an unacceptable risk of death or grievous bodily harm, Cahill said.
In a statement, a police spokesperson said an investigation undertaken after the shooting determined there was insufficient evidence to support laying a criminal charge.
It was not thought an employment investigation in this case would lead to a different outcome to the criminal investigation, the spokesperson said.
Assistant Commissioner Sam Hoyle said the report highlighted a need for greater clarity in police policy and training about thresholds for the use of such force.
A review of training and policy relating to the use of lethal force would be undertaken.
Turia was deported from Australia in 2017 as one of thousands of Kiwis dubbed the “501s”, which refers to section 501 of Australia’s Migration Act.
Several weeks before his death, he absconded from his court-ordered bail address while subject to electronically monitored bail, Stuff understands.
He was on bail awaiting sentencing at Manukau District Court, scheduled for March 26, when he died.
