IPCA: Whakatāne police should not have chased motorcyclist before fatal crash

A police officer should not have pursued a fleeing motorcyclist who soon after crashed and died, the Independent Police Conduct Authority has found.

The officer was pursuing the motorcyclist in Whakatāne in Bay of Plenty on March 16.

Soon after the officer abandoned the pursuit, the motorcyclist crashed and died at the scene.

The authority’s findings said the officer recorded the motorcycle rider travelling at 115km/h in a 60km/h zone and signalled for him to stop, however, the man continued riding on State Highway 30.

The officer followed the motorcyclist for 5km with lights and sirens on, at speeds of 140km/h to 160km/h, before abandoning the pursuit.

About a kilometre later, the motorcyclist attempted to pass a car on a sweeping bend and crashed head-on with an oncoming car.

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 chasing a motorcycle travelling at high speeds, which outweighed the seriousness of the offence and the necessity to apprehend him immediately.

The authority found the officer failed to comply with policy when starting the pursuit, by not stopping as soon as he could after abandoning, and by not communicating 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 fleeing driver policy did not explicitly include the use of motorcycles as a consideration, and the authority recommended this be included as a known risk, with pursuits only made in the most extreme circumstances.

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.

Police respond to findings

Bay of Plenty district commander Superintendent Tim Anderson said in a statement the officer was doing their best in the circumstances, and was affected by the outcome.

“As noted by the IPCA, the officer was no longer pursuing the motorcyclist at the time of the crash and had earlier turned off his lights and sirens, and there is no evidence to suggest the officer’s actions caused the crash.”

He said the officer had signalled the motorcyclist to stop, believing the speeding presented a risk to the motorcyclist and other road users.

“The officer was absolutely correct in this regard and did the right thing by attempting to stop the motorcyclist, who was travelling at almost twice the speed limit when initially observed by the officer,” Anderson said.

He said people who fail to stop for police put their own lives and others’ lives at serious risk.

“If you’re signalled to stop by police the onus is always on the driver, or rider in this case, to pull over and stop.”

Director road policing Superintendent Steve Greally said police noted the IPCA’s recommendations and would consider them when implementing future revisions to the fleeing driver policy.