Mother of Kaoss Price challenges police decision not to prosecute

Jillian Hana Price, mother of Kaoss Price, has filed for judicial review in Wellington’s High Court, seeking a declaration that the police decision not to charge the two officers involved in her son’s July 2023 shooting was unlawful and a damages order under the New Zealand Bill of Rights Act (BORA). The hearing, presided over by Justice Victoria Heine, features a packed public gallery of Price’s family and friends. Police announced the decision in a two-page letter after a 15-month assessment, citing “insufficient evidence” under section 48 of the Crimes Act.

The New Zealand Herald

According to court testimony, Price’s vehicle struck a police dog-wagon, prompting an officer to fire at the car. After the car stopped, Price abandoned it, ran along the road, and, unarmed, offered a stranger $500 to let him go. He entered the stranger’s vehicle, pushed the driver toward the passenger, and attempted to accelerate. The driver applied the brake and handbrake, immobilising the car. Officer A then arrived and fired six rounds point-blank at Price’s chest; the final shot was fatal.

The New Zealand Herald

Counsel for Hana argues the police process breached several BORA standards: lack of independence, impartiality, promptness, effectiveness, credibility, and transparency. The police interview of Officer A occurred nearly two weeks after the incident, was unrecorded, and the officer was referred to as “mate” 14 times. Officer A submitted a handwritten account—unusual for a suspect interview—and the interviewing officer had received training from the lawyer representing Officer A, raising concerns about impartiality. The IPCA’s failure to investigate why a taser, which was available, was not used is also highlighted.

The New Zealand Herald

Stevenson, representing the family, presented comparative data: New Zealand police kill at a rate 11 times that of the United Kingdom and four times that of Australia. Since 2000, Taranaki police have shot five men, four of whom were Maori, underscoring the disproportionate impact on Indigenous communities.

The New Zealand Herald

• “Based on an assessment of the circumstances and the law relating [to] self-defence and defence of another (section 48 of the Crimes Act), police have determined there is insufficient evidence to support a criminal prosecution of the officers involved in the incident.” — Australia Stevenson

The New Zealand Herald

• “If police received advice not to prosecute, why would they go out searching for more opinions?” — Australia Stevenson

The New Zealand Herald

• “We say that the investigation and the resulting decision not to prosecute in respect of the shooting of Mr Price was woefully inadequate and fell short of the right to life standard,” — Australia Stevenson

The New Zealand Herald

• “Why was Officer A so confident about the prospect of the use of a firearm in the incident and not about the use of a taser?” — Max Harris

The New Zealand Herald