Fleeing drivers ‘must take responsibility’
The deaths of three people in a high-speed chase have underscored an ongoing debate over the necessity of high-speed police pursuits.
A car fleeing police on Sunday morning crashed head-on into an oncoming vehicle near Nelson, leaving both occupants of the fleeing vehicle and the sole occupant of another car – uninvolved in the chase – dead.
Police assistant commissioner for road policing Sandra Venables said fleeing drivers needed to take more responsibility.
‘‘He or she has to take more responsibility and make better decisions. We would hope people would just realise it’s better to stop and talk to the police officer,’’ she said. ‘‘We [police] have to strike a balance between the responsibility to protect life and the duty to enforce the law, but it’s really up to the driver in these pursuits.’’
Police never took pursuits with fleeing drivers lightly, Venables said. ‘‘It’s one of those quick judgment calls police make every day to keep the public safe and uphold the law,’’ she said.
‘‘On a number of occasions in the pursuits, we’ve found many of them can be stolen vehicles ... there’s many reasons, and its always a constant balancing act.’’
Venables would not comment on the triple fatality near Nelson. ‘‘There are multiple investigations ongoing into this incident.’’
In 2009, the Independent Police Conduct Authority (IPCA) recommended that police amend their pursuit policy to provide clearer guidelines around when pursuits should be started. Of the 137 pursuits surveyed by the IPCA, ‘‘most’’ were started over traffic offending, while 31 were started over known or suspected criminal offending.
When asked by Radio NZ on Monday morning about the IPCA recommendations, Venables said she was unaware of the statement.
‘‘No, I’m not familiar with that statement, but I have no reason to disbelieve you.’’
Authority chair Justice Lowell Goddard said at the time: ‘‘Pursuits can begin over relatively minor offending, or general suspicion, and end in serious injury or death ... in such cases, the benefits from pursuing and stopping an offender do not appear to have outweighed the risks.
‘‘It is also important to acknowledge that pursuits start when drivers fail to respect the law and stop for police. When pursuits end badly, it is those drivers who must bear the responsibility.’’
Police and the IPCA had been working together since July to review chases, and expected to announce a report in late 2018.
The review was expected to help police understand the environments in which chases take place, and to identify best practice for management of the events.
Police Minister Stuart Nash said he had asked for ‘‘an update on progress in this review’’.
He said the crash was a ‘‘tragedy’’ for the families of those killed and for the officers involved.
‘‘Police have to make instant decisions based on the circumstances in front of them at the time, and the road and traffic conditions as well. Fleeing drivers are always a highly challenging law and order event for police,’’ he said.
‘‘My sympathies are with all of those affected by this, including the other motorists and members of the public who stopped to help, and the emergency response personnel from ambulance and fire services.
‘‘I also extend my sympathies to the families of five others who have died on the roads this weekend. Our road toll is too high and police are working hard to improve safety and prevent death and injury for all road users.’’
Barrister Deborah Manning, who has advised families of people killed in police pursuits, told Radio NZ the police were ‘‘letting themselves down’’ on the issue of pursuits.
She believed the IPCA and the police were incapable of fixing the problem because of an ‘‘entrenched cultural problem in the police that they want to chase’’, and suggested an independent inquiry should be held under the Inquiries Act.
‘‘I know that there’s a review with the IPCA and the police – a joint review ... I really fail to understand how the watchdog should be doing a review with [the police,] who’s supposed to be being watched,’’ she said.
‘‘I think what needs to happen is there actually needs to be an immediate ban on pursuits, except for very serious crimes.’’
In Queensland, Manning said, police could only chase if there had been a murder or imminent risk to life.
‘‘In Victoria ... if you compare New Zealand police pursuit rates, New Zealand has triple the amount of pursuits and triple the amount of deaths.
‘‘In New Zealand we’re out of step [with] what’s going on internationally.’’
Nash said police dealt with about 300 fleeing driver incidents a month.
About nine drivers a day attempted to flee police in 2016. In June, 2017, the Police Association sought harsher punishments for fleeing drivers, including taking their cars off them.