Police were "unjustified" in starting a pursuit of a car which ended in a deadly crash in Kaitaia last year, according to the Independent Police Conduct Authority.
The fleeing driver crashed the Mazda seconds after police abandoned the pursuit. One passenger died and the driver and three other passengers were injured in the early hours of October 10.
The crash happened after police signalled the driver of the Mazda to stop at around 1.15am, suspecting the driver was drunk.
Police said they saw the driver speeding after earlier seeing the vehicle and registered owner at a nearby pub.
"The Mazda initially continued slowly but the driver did not pull over. Police started to pursue, and the driver accelerated down Kaitaia’s main street. Police followed at 115kmp/h in a 50kmp/h speed zone," according to the IPCA.
The fleeing driver then swerved to avoid road spikes after turning off the main road.
They then continued out of town on a rural road towards Ahipara.
Police abandoned the pursuit after three minutes - just before the Mazda entered a series of bends and crashed into a power pole.
In its finding today, the Authority found that the immediate risks of pursuing the likely-intoxicated driver were greater than those created by allowing them to drive away in the circumstances.
"The pursuing officer's risk assessment was flawed," Authority Chair Judge Colin Doherty said.
"He knew there were several people in the car whose safety was dependent on the fleeing driver’s decision making and driving skill, which was probably already compromised.
"He did not give enough consideration to the additional pressure a pursuit would likely place on the fleeing driver, increasing the chances of unsafe driving. It was safer to let the vehicle go and make follow-up inquiries based on the Mazda’s registration details."
The Authority also said there were several "critical points" during the chase where police should have abandoned pursuit, in particular when the pursuing officer had to travel at high speed along the main road to keep up.
A witness complaint also said several police cars were driving dangerously close to the fleeing Mazda just before it crashed, but the Authority found this was not the case.
In a statement today, Northland District Commander Superintendent Tony Hill described the crash as a "worst case scenario".
"We would like to take this opportunity to extend our sympathies to the family of the victim who was killed in the crash. This is a worst-case outcome in a situation like this and our thoughts continue to be with them," he said.
Hill noted that following the incident there had been a revision to police's fleeing driver policy following the Fleeing Driver Review involving police and the IPCA.
"An employment investigation was carried out and the outcome of this are confidential, but I can say both officers remain working for the New Zealand Police," he added.
The offender pleaded guilty to one charge of causing death while driving with excess blood alcohol, failing to stop for police and three charges of causing injury while driving with excess blood alcohol. He was sentenced to 11 months home detention and disqualified from driving for three years.
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