Kaoss Price's mother files judicial review over her son's death by police

A judicial review has been filed challenging the Police's investigation into the fatal police shooting of 22-year-old Kaoss Price near New Plymouth in April 2022.

The legal action, brought by Mr Price's mother, Jillian Hana, follows Police's decision not to prosecute or pursue disciplinary action against the officer who shot and killed her son. That decision was later called into question when an Independent Police Conduct Authority (IPCA) report found the shooting unjustified and the force used to be excessive.

The family said they understand in 42 IPCA investigations into fatal police shootings since 1990, there was only one other instance where the IPCA found a fatal police shooting unjustified. 

Christopher Stevenson KC, who represents Mr Price's whānau alongside Julia Spelman said; "We're aware this filing comes 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 judicial review alleges breaches of natural justice, a lack of transparency, and failures in the independence of the investigation. It seeks orders requiring Police to reconsider their 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," said Mr Stevenson, KC.

The family, and their legal team, is not making further comment at this time.