Police have named the intruder who died after an altercation with the owner of an Auckland pharmacy yesterday.
Bruce Allan Jones, 43, unemployed, died after a scuffle with Grant Gillard at his Mt Albert pharmacy early yesterday morning.
Auckland City police western area commander Inspector Jim Wilson said Mr Gillard was alerted at 4.30am by a security company that the property's alarm had been activated.
A security guard then confirmed by telephone that there had been a break-in and waited outside the back of the property for the owner to arrive.
They both then searched the pharmacy together but didn't find anything untoward and the security guard left, Mr Wilson said.
"Shortly after that the owner has been confronted by a intruder and a struggle ensued during which time he has called his wife and asked her to call police," Mr Wilson said
Police arrived five minutes later and found the intruder collapsed on the floor. He was given CPR but was pronounced dead shortly after 6am.
A post mortem is being carried out today but The New Zealand Herald said it understood the intruder went into cardiac arrest while being detained by Mr Gillard and was unable to be revived.
Mr Gillard has operated the pharmacy with his wife Vera for more than 40 years.
His lawyer Richard Earwaker told Radio New Zealand police were yet to decide whether to lay charges but would make a decision after carrying out more investigations.
"The police in their normal thorough way are looking at all the evidence... and when the results are in and the investigation is completed I would imagine they would look at all very carefully then." Mr Earwaker said
Mr Gillard had been shaken up by the incident and after spending yesterday talking to police would spend today resting, he said
"Obviously it's extremely frightening and although he didn't suffer any major injury it's obviously been a real shake up for him and his family," Mr Earwaker said.
Mr Wilson said Avondale CIB were still investigating the circumstances of the death.
Police and ESR staff would continue to examine the scene today.
Police were also examining a hole around one metre wide at the back of the shop building underneath a window.
The hole was potentially large enough for a person to fit through, and has been cordoned off.
"The hole formed part of the scene examination, Mr Wilson said.
Mr Wilson would not elaborate on details of the struggle between the two men, or whether any weapon was involved.
He said he would not have details of the injuries until the pathologist's report was completed.
Grant Gillard's lawyer Richard Earwaker talks to RadioLIVE about the investigation into the altercation (audio)
NZPA