A Tongan family in New Zealand is mourning the loss of teenager Halatau Naitoko (17), a courier driver, who was accidentally shot dead by a police officer on Auckland's Northwestern Motorway on Friday January 23.

Halatau's courier van was among vehicles that stopped to allow an armed offenders squad go after a gunman who had crashed his car while being pursued by police on the motorway.

The New Zealand Herald reported that the fatal shot that killed Halatau was fired by a police officer from the side of the motorway as a gunman was threatening a truck driver with a sawn-off .22 rifle.

The police armed offenders squad members who were on the side of the motorway fired towards the truck and the centre of the road.

The van, in which Halatau Naitoko was sitting, was in the line of fire.

The Herald inquiry found that altogether the police fired five shots, one by an officer with a Glock pistol and four by two armed offenders squad members with M4 rifles.

One of the M4 bullets killed Halatau. Other shots hit the truck and shrapnel wounded the driver Richard Neville and the pursued gunman.

A young Auckland couple, Kelly Simmonds and Thomas Poole, were one car length in front of Halatau's van after stopping to let officers move in front of them.

Ms Simmonds (19) told the Herald that she watched as armed police stormed Mr Neville's flat-deck truck after a series of shots and noticed Mr Naitoko's van when it hit them from behind repeatedly.

"The van nudged us and it kept nudging us forward," she said. At the time she was unaware of what had happened.

Said Ms Simmonds: "I looked straight back and there was no one in the driver's seat and no one in the passenger's seat - that's how quickly it happened. [It was] almost as if he'd fallen aside and come off the brakes."

Ms Simmonds was shocked to learn later that Halatau Naitoko had died.

Police spokeswoman Noreen Hegarty said it would be weeks before the full facts surrounding the shooting were known. It is the first time police have shot dead an innocent bystander.

The New Zealand government is considering what legal steps it can take to help the family of the slain teenager, and New Zealand Prime Minister John Key has indicated the family will receive compensation.

Tongan parents

Halatau was the New Zealand born son of Viliami Funaki Naitoko and 'Ivoni Naitoko of 'Afa, Tongatapu, who migrated to New Zealand in the 1980s.

Halatau is survived by his partner and their baby son.

His funeral service will be held at his family home in Mangere on Friday, January 30 before he is buried at the Mangere Lawn Cemetery.

Tongan Council

Meanwhile, the New Zealand Tongan Advisory Council in Auckland are supporting calls for the New Zealand Police officer who shot Halatau to be tried in court for manslaughter.

However, Tonga's Acting Solicitor General 'Aminiasi Kefu commented today, that the council had not investigated the matter. He said that all things depend on the factual findings of the investigation and the New Zealand Police will only charge someone who has committed criminal behaviour in this case. But the family could take legal action under a civil claim if there was evidence to support the civil claim on a balance of probabilities, "that is the person who causes the death acted unlawfully or negligently."

He added that the New Zealand Tongan Advisory Council should let the authorities do their job independently and professionally, "the council has not investigated the matter so it should remain out of it," he said.