A judicial review has been filed by the mother of Kaoss Price, challenging the police investigation into the 22-year-old's fatal shooting near New Plymouth in 2022.
Price was killed by police gunfire on the evening of April 16, 2022. He had been driving in convoy with another vehicle along State Highway 3 between New Plymouth and Waitara in Taranaki.
The young father had attempted to flee a routine traffic stop, driving dangerously and ramming a police car, shunting it off the road. He then tried to carjack "a number of vehicles" before being shot at six times on three occasions. He was unarmed.
Price died at the scene.
Two investigations were launched in the wake of Price's shooting, one by police and the other by the Independent Police Conduct Authority.
The police investigation found that the shooting of Price was justified.
The IPCA's investigation found, "the fatal shot was excessive force on the balance of probabilities", but did not recommend police lay criminal charges or commence an employment process against the officer.
"Having regard to all... considerations, we have concluded, by a fine margin, that Officer A’s shooting of Mr Price was unjustified."
Price's family has been critical of police and subsequent investigations following his death.
In a statement today, a family spokesperson said Price's mother, Jillian Hana, had filed a judicial review challenging the police investigation.
Following police's internal investigation into the shooting, Price's family said police had "not provided adequate information to support the decision not to prosecute in respect of their fatal shooting".
Christopher Stevenson KC, the lawyer representing Price's family alongside Julia Spelman, said he was aware the filing came "amid growing 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.”
The review alleged breaches of natural justice, a lack of transparency, and failures in the investigation's independence.
It sought orders for police or reconsider its decision, release key documents, and comply with legal duties under the New Zealand Bill of Rights Act and the Victims’ Rights Act.
"The failure to prosecute, and the lack of transparency around that decision, are now subject to High Court review,” Stevenson said.
1News has approached police for comment.
1News' chief correspondent John Campbell interviewed the family of Kaoss Price for TVNZ's Sunday in 2022. Read his story here.
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