Photo: RNZ / Cole Eastham-Farrelly
The police watchdog says officers' actions played a part in the death of a man who fled from police in Auckland last year.
Officers stopped a man in Manukau after finding his car had number plates reported stolen in June 2024.
Before officers could ask him to turn off the car's engine, he told them to "f**k off" and accelerated away.
The man fled from police at speed, with the officers following behind despite deciding not to pursue him.
Officers told the Independent Police Conduct Authority (IPCA) they slowed and turned off the police vehicle's siren but did not turn off the emergency lights as he had meant to.
Other officers heard what happened on the radio and decided to set road spikes, without informing others.
As an officer stepped out from behind a sign to deploy the spikes, the man swerved and hit a tree on Lambie Drive, killing himself and seriously injuring his passenger.
The spikes were not released at the last moment, as the officer considered the throw too dangerous.
The IPCA report said the car came to a violent stop and flames erupted from the front.
The police investigation found the vehicle and plates were stolen.
It also found the driver had methamphetamine in his system, was breaching a court-imposed curfew, and was driving dangerously.
The Independent Police Conduct Authority said police breached policy in following the vehicle after it fled, and in using road spikes without informing others.
One of the officers involved told the IPCA she was unable to inform Police Comms of their actions due to the radio being busy.
"We weren't able to get onto the radio space to say where we were. Normally you can try," she said.
The IPCA said there wasn't sufficient evidence for criminal charges against any officer.
It said the actions of the officer who went to deploy the road spikes were rushed, and put himself and others, including the driver and his passenger, at unacceptable risk.
It also doubted the wisdom of the officers' action in signally the driver to stop, as it was clear he was likely to flee.
Police said they agreed with the IPCA's findings on the use of road spikes but did not mention findings on the continued pursuit.
Counties Manukau District Commander Superintendent Shanan Gray said officer's actions should be considered in the context of what happened.
"Footage shows our staff had seconds to make a decision around whether or not to lay road spikes, and in this timeframe were unable to advise ECC of their plan due to other radio traffic," he said.
"Staff who attend these incidents need to make decisions based on the threat and circumstances as they present, and without the benefit of hindsight."
Police said the staff involved were subject to a confidential employment process and remained employed with New Zealand Police.
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