Police have accepted a damning finding from the Independent Police Conduct Authority that a high-speed motorcycle pursuit through Auckland was unjustified and exposed both the rider and other motorists to an unacceptable risk of death or serious injury.
The investigation centres on a pursuit on July 13, 2023, which began after a Police motorcycle officer working at a checkpoint on Lincoln Road in Henderson noticed a man on a Ducati weaving through heavy traffic.
The rider failed to stop when signalled and headed onto the motorway, with the officer following him for almost 11 kilometres before the motorcyclist crashed into a lamppost near Tauhinu Road in Greenhithe and died.
The IPCA found the officer was not justified in initiating the pursuit and should have abandoned it soon after entering State Highway 16.
CCTV footage reviewed by the Authority showed the motorcyclist frequently travelling at around 180 kilometres an hour, while the pursuing Police officer reached speeds of up to 192 kilometres an hour.
At times the officer was only about 100 metres behind the motorcycle, with both riders crossing lanes and travelling close to other vehicles.
The Authority found the speed and manner of riding created a serious risk not only to the two motorcyclists but to members of the public sharing the motorway.
It concluded the officer’s assessment of those risks was fundamentally flawed and that the alleged offending which prompted the attempted stop did not justify continuing such a dangerous pursuit.
A major concern was the failure of Police communications.
The officer’s radio was not working and he did not inform the Police Communications Centre that he was pursuing the motorcycle or provide commentary during the chase.
The IPCA found that breached Police policy and meant there was no oversight from communications staff responsible for command and control of pursuits.
Although the officer maintained he abandoned the pursuit shortly before the motorcyclist took the Greenhithe offramp and crashed, the Authority found there was no indication in the CCTV footage that this had occurred.
The IPCA determined the officer’s actions were dangerous, breached Police policy and were a material contributing factor to the fatal crash.
Police subsequently charged the officer with dangerous driving causing death. He was acquitted of that charge but convicted of driving a motor vehicle in a dangerous manner and disqualified from driving for six months.
An employment process was also launched, but the officer resigned from New Zealand Police in April this year before that process was completed.
Police have accepted the IPCA findings and acknowledged the impact of the death on the rider’s whānau.
Waitematā Police say the public has a right to expect officers to exercise sound judgement and maintain high standards while carrying out their duties.
The findings put renewed attention on the difficult balance Police face when deciding whether apprehending a fleeing driver justifies the risks created by a pursuit.
In this case, the independent watchdog has reached a clear conclusion.
The chase should not have continued — and by the time it ended in Greenhithe, a man had lost his life.
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