The pursuit was abandoned, but shortly after, the motorcycle crashed head-on with an oncoming vehicle, as reported by the IPCA.
Photo: RNZ / Richard Tindiller
The Independent Police Conduct Authority has determined that law enforcement should not have pursued a speeding motorcyclist in Whakatāne before it resulted in a fatal accident.
An officer detected the Harley Davidson motorcycle traveling at 115 km/h in a 60 km/h zone shortly before 6 PM on March 16 this year.
When the motorcyclist failed to stop as directed, continuing on State Highway 30 towards Awakeri, the officer initiated a pursuit with lights and sirens, reaching speeds between 140 and 160 km/h.
After 5 km, the pursuit was called off; however, just a kilometer later, the motorcycle attempted to overtake a car on a curve and collided head-on with an oncoming vehicle.
The police oversight body found that while the officer was justified in signaling for the motorcyclist to stop, they did not adequately adhere to the policy regarding pursuing fleeing drivers by commencing the chase.
The report indicated that the officer should have refrained from pursuing the motorcycle, especially considering the dangers associated with high-speed chases, and should have terminated the pursuit sooner.
The authority refrained from concluding that the officer’s actions caused the motorcyclist’s death. “Based on the evidence available, the authority could not determine that the officer’s actions led to the motorcyclist’s fatal crash.”
Since the existing policy on fleeing drivers does not explicitly address motorcycles prior to initiating a chase, the authority recommended it be revised to emphasize the risks inherent in pursuing a motorcycle and stated that such actions should only be undertaken in “the most extreme circumstances.”
The police acknowledged the authority’s findings.
Superintendent Tim Anderson, the Bay of Plenty district commander, conveyed his sympathies to the deceased man’s family, asserting that the officer made a sound decision by attempting to stop the motorcycle and was striving to perform their duties effectively.
“The officer signaled for the motorcyclist to halt due to the excessive speed, which posed a significant risk not only to the rider but to all law-abiding road users,” Anderson explained.
“The officer acted correctly in this situation and was justified in attempting to halt the motorcyclist, who was traveling at nearly twice the speed limit when first observed by the officer.”
Superintendent Steven Greally, Director of Road Policing, stated that the recommendations concerning the fleeing driver policy would be taken into account during its next revision.