The Independent Police Conduct Authority has found that a Police officer failed to comply with Police ‘Fleeing driver’ policy while pursuing a motorcyclist in Whakatane on 16 March 2024. The motorcyclist crashed a short time after the officer abandoned the pursuit, and died at the scene.

The officer recorded the motorcycle rider travelling at 115 kph in a 60 kph zone and signalled for the motorcyclist to stop. However, the man continued riding on State Highway 30. The officer followed the motorcyclist for five kilometres under lights and sirens, at speeds of between 140 kph and 160 kph, before abandoning the pursuit. About one kilometre later, the man attempted to pass a car on a sweeping bend. He collided head-on with an oncoming car, resulting in the crash.

The Authority found the officer should not have pursued the motorcyclist and should have abandoned sooner. He did not adequately consider the risks associated with pursuing a motorcycle travelling at high speeds. The risks outweighed the seriousness of the offence and the necessity to apprehend him then and there.

The Authority found the officer failed to comply with policy when initiating the pursuit and by not stopping as soon as he was able to do so after abandoning. The officer also breached policy by failing to communicate with the Emergency Communications Centre during the pursuit.

On the available evidence, the Authority was unable to conclude that the officer’s actions caused the motorcyclist’s fatal crash.

The current ‘Fleeing driver’ policy does not explicitly include the use of motorcycles as a consideration in fleeing driver events. The Authority recommended Police include the use of motorcycles as a known risk in policy, and that any decision to pursue a motorcyclist should only be made in the most extreme circumstances.

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