A motorcycle cop reached speeds of nearly 200kmh on an Auckland motorway while pursuing a biker, who then crashed and died.

An Independent Police Conduct Authority (IPCA) report released today found the 11km chase in July 2023 was “unjustified” and should have been abandoned.

The IPCA also found that the officer’s assessment of the risks involved in the pursuit was “fundamentally flawed” and that he was not in contact with the police communications centre during it.

The report said that the officer’s actions were dangerous, in breach of police policy and were a “material contributing factor” to the fatal crash.

“In our assessment, he should have abandoned the pursuit soon after entering State Highway 16, given that he was unable to communicate with Comms, and the speeds involved in pursuing [the motorcyclist],” the report said.

The IPCA did not name the man who died, but in court proceedings after the officer was prosecuted, he was identified as Levi Proctor.

The officer was initially charged with dangerous driving causing death, but a jury acquitted him of that charge last year, finding him guilty instead of driving in a dangerous manner.

The officer was granted permanent name suppression after the court was told that he was in remission from cancer and had been the recipient of gang threats.

The officer was convicted and discharged, but was disqualified from driving for six months.

He had been placed on leave from the police when charged some months after the crash and an employment process was begun in April this year.

Near the end of that process, the officer resigned from the force.

The pursuit began near the Lincoln Rd on-ramp in Henderson on July 13, 2023, after an apparent misunderstanding over a traffic stop.

It ended at the Tauhinu Rd off-ramp in Greenhithe, where Proctor failed to take a curve and crashed into a lamp post.

Proctor had been travelling at speeds between 130kmh and 144kmh as he approached the off-ramp and braked.

The IPCA report says that Proctor’s earlier speeds, estimated by speed cameras along the route, reached 180kmh to 187kmh at times.

The pursuing officer’s speeds reached 186kmh to 192kmh.

The report said that the pair covered 10.8km distance from the Lincoln Rd on-ramp to the Tauhinu Rd exit in 3m 58s – an average overall speed of 162kmh.

Despite this, the officer told the IPCA that he was not pursuing Proctor, who is called Mr Z in the report.

“[The officer] denies engaging in a pursuit. We disagree,” the report said.

“It is clear to us that he pursued Mr Z.

“He followed Mr Z for almost 11km, in close proximity at times, and at high speed, with his siren and lights activated for most of the time.”

The IPCA said that the officer overestimated his ability to take all the risk factors into account and to make sound decisions.

He pursued Proctor with no communication with the police communications centre, against policy, leaving his actions unchecked by officers tasked with the command and control of pursuits.

“In our assessment, the speed and manner of riding of both Mr Z and [the officer] posed a serious risk of injury or death to themselves and other road users,” the report said.

“Critically, Mr Z’s alleged offending did not justify the risk of continuing to follow Mr Z at high speed.”

Video footage was played to the jurors during the officer’s trial. It had been taken from multiple cameras along the motorway.

It showed both motorbikes zipping past other motorists in relatively light traffic that morning.

Proctor rode a red Ducati while the officer followed on his police motorbike with lights and siren activated.

Police respond to report

The police said they acknowledged and accepted the IPCA findings.

“At the outset we acknowledge the man’s family and express our condolences for their loss,” Acting Superintendent Simon Walker, the relieving Waitematā District Commander, said.

“The public rightly expect police staff to exercise sound judgment and uphold the highest standards of conduct while carrying out their duties,” he said.

He noted the prosecution of the officer and confirmed he had resigned.

“Incidents such as this have a significant impact on all those involved and serve as a reminder of the importance of sound judgement and effective risk assessment in all aspects of policing.”