Police have been ordered to explain why a car involved in the fatal pursuit of a teenage driver didn't have a warrant of fitness.
Although the lack of warrant didn't contribute to teenager Levi Penberthy-Green's 2015 crash, his mother complained to the Independent Police Conduct Authority (IPCA) saying she feltthe lack of warrant had been swept under the carpet.
The IPCA said the police "oversight" caused additional distress and merited an explanation to Levi's grieving mother, Donna Penberthy, who is speaking publicly for the first time since her son's death.
The IPCA direction was issued on the anniversary of Levi's death, marking three years since he was killed following a short, low speed pursuit near Tauranga on April 11, 2015.
The Coroner's 2017 findings cleared police of any wrongdoing-saying despite the lack of WOF there was no mechanical issue with the police car- but Penberthy is incredulous a warrantless police vehicle had been driven at all, and in February asked the IPCA to investigate.
Documents provided under the Official Information Act showed the vehicle had brake and seatbelt defects and Penberthy felt the issue had been "brushed under the carpet".
"The police are there to uphold the law," she said. "Putting the public at risk is a major concern."
The crash followed Levi's attendance at a party in rural Opori where he was assaulted, prompting him to drive off.
He'd been drinking and didn't have a licence, a warrant of fitness, or vehicle registration.
Police called to the party came behind Levi, who was driving at 50km/h.
Police indicated he should pull over, but Levi accelerated away. Within seconds Levi lost control on a bend and was thrown from the car as it rolled down a bank.
In his findings Coroner Michael Robb said if Levi had been wearing a seatbelt it was highly likely he would have survived. He didn't blame police, finding their actions were appropriate.
Documents provided to the Herald show the police car's WOF expired five days before the pursuit, on April 5, 2015, and an inspection five days after the crash, on April 16, showed the brakes were unbalanced and the seatbelts frayed.
However police say the only repair required on the car was replacing a seatbelt.
Western Bay of Plenty area commander Inspector Clifford Paxton initially told the Herald after the expiration was noticed a WOF was obtained "right away as no maintenance was required".
Scene of fatal car crash on Mountain Road where Levi Green died after fleeing Police. Photo / Andrew Warner
He later clarified the car failed its first WOF, on April 13, and a seatbelt was replaced.
The car obtained a new WOF on April 16, the same day an inspection for the crash investigation revealed the brakes were unbalanced.
"The officer driving the vehicle at the time of Levi Green's death was not aware the vehicle did not have a WOF," Paxton said.
"As soon as police were made aware that the vehicle's WOF had expired, the car was immediately taken out of service. We note that the Coroner cleared police of any wrongdoing over the 18-year-old's death. We are satisfied the fact the police vehicle had no Warrant of Fitness in no way contributed to the tragic outcome."
The IPCA told Penberthy police would apologise for the "procedural oversight".
"Police should acknowledge that this error would likely have caused you additional distress while you grieved and came to terms with the tragic loss of your son, Levi.
"Police should also provide you with an explanation in respect of their procedure for WOF renewals and their rationale for not issuing an infringement notice," case resolution manager Monica Robbers wrote to Penberthy.
In a subsequent letter to Penberthy Bay of Plenty professional conduct manager Inspector Stuart Nightingale said the lack of warrant had been overlooked by staff.
He had contacted all Bay of Plenty area commanders to remind them to check their vehicles, Nightingale wrote.
Describing her son as empathetic and compassionate, Penberthy said Levi had "a grin from ear-to-ear most days and had eyes that shone always".
"Levi's death took a toll on everyone that loved him," she said. "We did not cope at all as a family, it broke us all and had a major ripple effect everywhere. It has taken three years to get to the point we all know he is never coming home. It breaks my heart to say those words and I still cry to this day."
In November police and the Independent Police Conduct Authority announced a joint investigation and review of police chases following a string of deaths around the country last year.
At the time it said police were involved in 300 pursuits every month.
An official report is expected to be publicly released at the end of the year.
