Peta Kerr’s son was removed from his car seat and taken to hospital with minor injuries.
Multiple mistakes
Now, the coroner has found Peta Kerr made multiple errors on January 28, 2024, that likely contributed to the double fatality and could easily have also cost the life of her infant son.
Coroner Mary-Anne Borrowdale hasn’t made any recommendations, but raised concerns about the crash saying it was an accident caused by a likely combination of speed, fatigue, upset and intoxication.
Peta Kerr had been ordered not to drive in 2020 and toxicology testing showed she had a methamphetamine blood level of 3.9mg/L in her system, more than five times the median recreational use at the time of the crash.
Her car had a current warrant of fitness, but its registration had expired in November 2023 and shouldn’t been on the road, the coroner said.
Bryan Kerr was found to have cannabis in his system, which didn’t contribute to the crash, but “ought to greatly concern road users and lawmakers”, Coroner Borrowdale said.
“This is, sadly, not the first lethal crash I have investigated in which both drivers in separate cars had crashed after consuming illicit drugs.
“Drugs are present in nearly a third of all fatal crashes; the most commonly detected drugs in road deaths and serious injuries are cannabis and methamphetamine.”
Coroner Borrowdale also listed excessive speed, fatigue and emotional overwhelm as concerns, saying driving while distressed is an “under-acknowledged” hazard.
A troubled past
Evidence showed Peta Kerr experienced distress and anxiety, according to the findings.
She had three children living in Australia, had unstable living arrangements, and financial concerns had led her to engage in risky behaviour.
That included drug use and gang involvement.
At the time of her death, she was living apart from the baby’s father , but the pair remained in contact and were engaged to be married.
According to the decision, which was publicly released today, she stayed at a motel at Amberley, North Canterbury in the week prior to her death.
The pair were arguing and she told her partner she was afraid of some associates who were threatening to take their baby away.
She would stay at his house during the day, but on January 27 he demanded she leave and told police she wouldn’t go.
He was out of town on business as the argument continued via text into the early hours of January 28, according to the findings.
She was moving her belongings from her Christchurch flat to Amberley and told him she was ready to make the 45-minute drive.
However, by mid-afternoon she had sent a series of distressing messages, claiming she was bloodied and sore, pleading with him not to tell anyone.
She also sent him several short videos and he could see – and she confirmed – that she had been assaulted, according to the findings.
Her partner said he could tell she was still at her Christchurch flat at the time. He reported it to police, who then contacted her, but were told she was fine and wanted to be left alone.
An ambulance crew went to her flat and spoke to her, but were told to go away.
The coroner said she then put her son in his car seat and started driving to Amberley.
Her partner reported she had poor vision and needed glasses, but that they may have been broken during the assault.
He said she hadn’t been taking her mental health medications and was exhibiting paranoia.
The crash
Meanwhile, about 5pm, Bryan Kerr was towing a trailer and two jet skis, having just spent the day with his friend fishing at South Bay, Kaikōura.
The friends had shared a cannabis cigarette while fishing and left Kaikōura about 2.30pm.
His friend later described seeing Peta Kerr’s car drift across the road towards them on Ashworths Rd (SH1), Leithfield.
He said she didn’t appear to be making any attempt to correct the vehicle back into its proper lane as he yelled to his friend, but there was no time for him to take corrective action.
Other witnesses confirmed her car drifted over the centre line and drove straight towards the oncoming vehicle, saying there was nothing Bryan Kerr could have done to avoid the crash.
His friend who was in the front passenger seat suffered serious injuries and was flown to hospital.
A third vehicle, a van being driven behind Bryan Kerr, tried to avoid the crash but, in doing so, was flipped on its side. The occupant wasn’t injured.
A pathologist said Bryan Kerr died from blunt trauma.
The pathologist and a forensic pathology registrar said Peta Kerr died instantaneously from high-energy blunt force injuries, particularly spinal cord transection.
The Serious Crash Unit (SCU) found she had been driving at 117km/h on impact, was under the influence of methamphetamine, which contributed to her car failing to remain within the northbound lane and may have been affected by fatigue, causing a momentary loss of concentration while negotiating the bend.
Coroner Mary-Anne Borrowdale said the crash was caused accidentally by some likely combination of speed, fatigue, upset and
intoxication. Photo/ Ministry of Justice
Coroner Borrowdale said it wasn’t clearly established what caused her to veer into the oncoming lane.
The coroner accepted the SCU opinion that she may have suffered from driver’s fatigue, had little sleep the previous night and was in a heightened and agitated emotional state.
Additionally, she was heavily intoxicated by methamphetamine at a level that could have caused her sedation and sleepiness and highly compromised her driving skill.
It was possible that some contribution was made to events by her apparently not wearing her glasses, but that didn’t account for the excessive speed, the coroner said.
The evidence didn’t indicate she intended to crash and it appeared unlikely to the coroner that she would have endangered her son’s life in that way.
“The crash was in my view caused accidentally by some likely combination of speed, fatigue, upset and intoxication.”
Al Williams is an Open Justice reporter for the New Zealand Herald, based in Christchurch. He has worked in daily and community titles in New Zealand and overseas for the last 16 years. Most recently he was editor of the Hauraki-Coromandel Post, based in Whangamatā. He was previously deputy editor of the Cook Islands News.
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