The Independent Police Conduct Authority has found that police should have abandoned a pursuit in Tolaga Bay last year which saw their police cars rammed, and a warning shot fired by an officer at the ground as the driver fled on foot.
It comes after police received reports a man was assaulting people outside the Tolaga Bay Inn on June 28, 2018. The man, who was known to the two responding officers - identified in today's ruling only as officers A and B - left before police arrived, the IPCA report said. A witness said “someone” had yelled out that the man had a gun, though they were unable to confirm whether he was armed.
The officers were unable to locate the man and had planned to follow up with him the following day. While driving home, however, Officer B recognised the man’s vehicle, which had a passenger inside, and began a pursuit, the IPCA report states.
Officer A joined the pursuit. The man then rammed two police vehicles before driving on the wrong side of the road and into the path of a logging truck during the 34-minute pursuit, which largely took place on a forestry road, authorities said. The man’s vehicle was then forced by police into a ditch, after which he ran into the forest followed by Officer B, who drew his pistol and fired a warning shot into the ground, according to police.
The suspect was then pursued by two dog handlers who were unable to locate the man after a two-hour search. He was arrested the following day in Gisborne.
The authority found that the officer was justified in initiating the pursuit but should have abandoned it when his vehicle was first rammed, and when the man drove his vehicle into the path of a logging truck. Police also should have abandoned the pursuit when the man continued to attempt the ram the officers’ vehicles a further four times.
"Immediate apprehension of the man was unnecessary as police had good reason to believe they knew who the man was and could locate him later," authority chair Judge Colin Doherty said. "Leaving him to continue driving, unpursued, would have likely resulted in less risk to others."
The authority also found it was inappropriate for the officer to fire a warning shot as no-one had seen the man with a firearm, and he did not present an immediate danger to others at the time he was running from police.
In a statement, police accepted the IPCA's findings. A full debrief was conducted following the incident, and the officers involved were spoken to.
"Our officers make decisions as quickly and safely as they can in the situations they are faced with. Their safety is of absolute importance," Tairawhiti area commander inspector Sam Aberahama said.
"However, in this instance I acknowledge that the officers should have made different decisions for their safety and the safety of the community.”
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