The Independent Police Conduct Authority has found that officers were justified in shooting Mr Fononga in Henderson on 17 March 2023.

At about 10.30am Mr Fononga drove to the Gull Service Station on Forrest Hill Road while Armourguard staff were replenishing an ATM machine. There, Mr Fononga fired a shotgun into the ceiling and stole a cannister of cash. About 25 minutes later, while Police were at the scene, Mr Fononga returned and presented his shotgun at the attending officers before driving off again.

In the 18 minutes that followed, Mr Fononga drove around the Henderson area discharging his shotgun at Police officers who were responding to the incident.

Mr Fononga shot at Police at six different locations. The first was in Pine Ave, where he shot at a moving Police patrol as it passed him at a roundabout. He then shot at another moving Police patrol at a roundabout at Bruce McLaren Drive. Both Police patrols were sprayed with shotgun pellets but the officers were not injured.

In Seymour Ave a Police patrol pulled over to lay road spikes and when the two officers saw Mr Fononga approaching they took cover behind a parked civilian vehicle. Mr Fononga pulled up beside the Police car and fired a shotgun blast through the driver’s window before driving off again.

As Mr Fononga approached the intersection of Awaroa Road and Great North Road he pulled up alongside a patrol car that was stationary. There, he discharged his shotgun twice through the driver’s window of the Police car while an officer was seated in the driver’s seat. The officer managed to lean forward to dodge the blast and was not injured.

As Mr Fononga drove along Great North Road, he passed a Police patrol that had stopped to take cover on the side of the road. Mr Fononga fired at the patrol car but none of the officers were injured. Two officers returned fire, hitting Mr Fononga’s car.

When Mr Fononga stopped at the intersection of Great North Road and View Road he pointed his shot gun at officers who had taken cover in a driveway across the road. One of the officers fired a shot at Mr Fononga which went through the windows of his car but did not hit him.

Mr Fononga then drove to the Henderson Police Station, followed at a distance by a number of Police patrols. There he drove into the carpark and got out of his vehicle still holding the shotgun. He was challenged by officers to drop his weapon before being shot by three officers. First aid was administered immediately however Mr Fononga died from his injuries.

The Authority has found that the officers who fired at Mr Fononga on Great North Road and at the intersection of View Road, as well as those who shot him at the Henderson Police Station, were justified in doing so to defend themselves and others, in what were extraordinarily difficult circumstances.

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