The decision of a Northland police officer to pursue a car at more than double the speed limit before it crashed, killing one person and injuring four others, has been found to be "flawed".
The Independent Police Conduct Authority (IPCA) released its report into the incident on Thursday morning, deeming the Kaitaia chase "unjustified" and condemning the officer's risk assessment.
The incident occurred in the early hours of October 10, 2020. It was referred to the police watchdog after the fleeing car spun out just seconds after cops abandoned their pursuit, crashing into a power pole. The driver and three passengers were injured, while a fourth passenger died.
The driver pleaded guilty to a charge of causing death while driving with excess blood alcohol, failing to stop for police and three charges of causing injury while driving with excess blood alcohol. He was sentenced to 11 months' home detention and disqualified from driving for three years.
Earlier, police had decided to try and stop the vehicle after suspecting the occupants of intoxication, but didn't pull over. Police began a pursuit and the fleeing driver accelerated down Kaitaia's main street, with police following at 115km/h in a 50km/h speed zone.
After turning off the street the car swerved to avoid road spikes and continued out of town on a rural road towards Ahipara. Police abandoned the three-minute pursuit just before it crashed.
The IPCA found the immediate risks of pursuing a driver they suspected of intoxication were "greater than those created by allowing them to drive away".
"The pursuing officer's risk assessment was flawed," IPCA Chair Judge Colin Doherty said.
"He knew there were several people in the car whose safety was dependent on the fleeing driver's decision-making and driving skill, which was probably already compromised.
"He did not give enough consideration to the additional pressure a pursuit would likely place on the fleeing driver, increasing the chances of unsafe driving. It was safer to let the vehicle go and make follow-up enquiries based on the Mazda's registration details."
The IPCA also found there were "several critical points" at which police should have abandoned the pursuit - in particular when they were travelling at 115km/h on the main street.
In a statement, Northland District Commander Superintendent Tony Hill said police accepted the IPCA report's findings.
"We would like to take this opportunity to extend our sympathies to the family of the victim who was killed in the crash. This is a worst-case outcome in a situation like this and our thoughts continue to be with them," he said.
"The intention of the staff involved was to prevent further harm on our roads by stopping a driver we now know was intoxicated, however on this occasion we accept that they should not have pursued the vehicle and instead made follow up enquiries in relation to the fleeing driver.
Supt Hill says an employment investigation was carried out into the pursuing officers and while the outcome is confidential, both officers remain working for the New Zealand Police.
