The Independent Police Conduct Authority has found that Police breached aspects of the Fleeing Driver Policy when they pursued a car that crashed and killed a back seat passenger. However, their actions were not the cause of the crash.
In the early hours of the morning on 17 September 2023, Police stopped a Ford Falcon containing four people in Christchurch. The driver was in breach of his learner licence conditions and the vehicle was not roadworthy, so they issued a pink sticker and instructed the driver to drive directly to an address nearby. The Authority considers the decision to allow the driver to drive to a nearby address was lawful and reasonable in the circumstances.
Contrary to this direction, the occupants continued to drive around Christchurch and then to the outskirts of Rangiora where they joined a large group of people to conduct ‘burnouts’. This gathering resulted in members of the public calling Police to report disorderly behaviour.
When two officers in a Police patrol car arrived in the area, they saw the Falcon parked on the side of the road and learnt that it had earlier been pink stickered. When they drove past the Falcon and turned around, the driver of the Falcon did a U Turn and accelerated at high speed along Oxford Road towards the Rangiora township. The officers responded by activating their lights and siren thereby signalling the driver to stop. When it became obvious that the driver was fleeing, they abandoned their pursuit.
The officers lost sight of the Falcon, which continued at high speed into Rangiora where it crashed into a tree on a residential property, tragically killing Ms Mitchell who was a back seat passenger.
The Authority found that the officers should have notified the Emergency Communications Centre of their intention to signal the Falcon to stop before activating their lights and siren. The Authority also found that, after abandoning the pursuit, one of the officers misled the Emergency Communications Centre by advising they had come to a stop on Acacia Ave, which they had not. These omissions were in breach of the Police Fleeing Driver Policy.
Despite these breaches, the Authority is satisfied the officers’ actions were not the cause of the crash.
