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Fleeing drivers target of law change while police pursuit review due

Author
Adam Pearse, NZ Herald,
Publish Date
Tue, 16 May 2023, 10:40am
A fleeing driver crashed into another driver and injured them in west Auckland last night. Photo / Hayden Woodward
A fleeing driver crashed into another driver and injured them in west Auckland last night. Photo / Hayden Woodward

Fleeing drivers target of law change while police pursuit review due

Author
Adam Pearse, NZ Herald,
Publish Date
Tue, 16 May 2023, 10:40am

A law change targeting fleeing drivers after a spike in incidents last year will be introduced in the House today.

Justice Minister Kiri Allan confirmed to the Herald the Land Transport (Road Safety) Amendment Bill would be introduced today with a promise to have it pass before the House rises in August, following through on a commitment made in December last year to address fleeing drivers.

It comes as announcements regarding police’s review into its pursuit policy, committed to in November after a “significant increase” in fleeing driver incidents, are understood to be made in the coming weeks.

The bill included new powers for police, such as the ability to seize and impound a vehicle for six months if it failed to stop or if the registered owner failed to provide information about a fleeing driver and impounding the vehicle was necessary to prevent a threat to road safety.

It also increased the period of licence disqualification from 12 months to between 12 months and 24 months after a second conviction for a failing to stop offence.

Justice Minister Kiri Allan is looking to crack down on fleeing drivers. Photo / NZME

Justice Minister Kiri Allan is looking to crack down on fleeing drivers. Photo / NZME

The courts would also be enabled to order a vehicle to be forfeited on conviction for a failing to stop offence.

“Fleeing drivers put innocent lives at risk every day. Those who recklessly attempt to evade the law need to be held to account and we’re ensuring there are increased and serious consequences for this behaviour,” Allan said.

“These new tools make it clear that drivers, vehicle owners or people obstructing Police’s work will face serious consequences.”

The law change was first signalled in December by Allan and then-Police Minister Chris Hipkins as one of several new tools addressing fleeing drivers.

Police Commissioner Andrew Coster announced police’s review in November, shortly before Allan and Hipkins’ commitment to change the law, following a “significant increase” in fleeing drivers along with a decrease in the number of offenders identified.

It’s understood more information relating to the review would be announced in the coming weeks.

In December, the Herald reported nearly 10,000 people in vehicles fled from police in the previous 12 months - more than double the number recorded prior to the police changing their pursuit policy nearly two years ago.

At the same time, the number of those behind the wheel not identified had nearly tripled, while those being held accountable had stayed the same.

Police’s pursuit policy changed in 2020 following a series of high-profile deaths.

Police Commissioner Andrew Coster announced the review into police's pursuit policy late last year. Photo / Mark Mitchell

Police Commissioner Andrew Coster announced the review into police's pursuit policy late last year. Photo / Mark Mitchell

As such, youth advocates and police representatives alike had urged caution in any changes, with the number of people dying in police chases dramatically reducing.

Between 2010 and 2020, 75 people died in police chases, and two in incidents when police did not pursue.

In December 2020, after a major police review, staff were told a pursuit was only justified when the threat posed by the vehicle prior to failing to stop, and the necessity to immediately apprehend the driver and/or passengers, outweighed the risk of harm created by the pursuit.

Data released to the Herald last year showed that over the same period the number of fleeing driver incidents increased from 4846 - in the 12 months prior - to 9499 in the 12 months to November last year.

The number of incidents where the offender was not immediately identified nearly tripled, from 2419 to 6412, while police proceedings remained relatively steady, moving from 3374 to 3484.

The police said the increase was likely due to the change in policy. They did also change their recording processes after reducing pursuits to capture all fleeing driver events, which they said could have also contributed to the increase.

The Police Association supported the initial policy change, but president Chris Cahill said in December the numbers “speak for themselves”.

“Clearly the policy isn’t working the way it was ever intended and has led to a change in behaviour by offenders,” Cahill said.

“I think it wrongly gave the impression that police cannot pursue in any circumstances. I think you have to say that that led to a change in [offender] behaviour.”

Auckland youth worker and rangatahi advocate Aaron Hendry said while he understood the tension police were wrestling with, increasing pursuits again made him “nervous”.

“We know in young people the prefrontal cortex isn’t fully developed, and more than likely, when they get chased, they will run,” Hendry said.

“They won’t necessarily think that through when they’re in a high-level, emotionally charged environment.”

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