The mother of 22-year-old, Kaoss Price, has filed a judicial review challenging the police investigation that cleared the officer who fatally shot her son during a pursuit near New Plymouth in April 2022.
Mr Price was shot multiple times by a police officer after fleeing from a routine traffic stop and attempting to carjack another vehicle.
Police initially said the officer feared for their life when Mr Price advanced toward him with a machete.
Mr Price died at the scene.
Police later conducted a criminal investigation and an internal employment review into the officer’s actions.
Both inquiries found the officer’s use of force was lawful, and no charges or disciplinary action were taken.
However, those conclusions were thrown into doubt when the Independent Police Conduct Authority (IPCA) released its report in July 2024.
The IPCA found the shooting to be unjustified, stating the officer created unnecessary risk, failed to properly de-escalate, and used excessive force.
The report also criticised elements of Police communication and tactical decision-making during the incident.
According to the Price whānau, only two fatal police shootings, including this one, have ever been deemed unjustified by the IPCA across 42 fatal-force investigations since 1990.
The judicial review, filed by Mr Price’s mother Jillian Hana, alleges the Police investigation lacked independence and failed to uphold basic principles of natural justice and transparency.
It seeks orders requiring Police to reconsider their decision, release key documents, and comply with their obligations under the New Zealand Bill of Rights Act and the Victims’ Rights Act.
Christopher Stevenson KC, who represents the family alongside barrister, Julia Spelman, said the case comes amid rising public concern about police investigating themselves.
“When the State entrusts police to exercise lethal force, and then to investigate their own actions, they must be held to the same standard as every other New Zealander would be. Especially when those actions result in the death of a young man,” They said.
He added that police’s decision not to prosecute “and the lack of transparency around that decision” will now be tested in the High Court.
Mr Price’s whānau and legal team say they will not be making further comment at this stage.
The police have been approached for comment.
