IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2014-404-000156 [2015] NZHC 1946
BETWEEN RICHARD STEPHEN NEVILLE Plaintiff AND
THE ATTORNEY-GENERAL OF NEW ZEALAND
Defendant
Hearing: 15 July 2015 Appearances:
C B Hirschfeld and N Taylor for Plaintiff
P Gunn for DefendantJudgment:
17 August 2015
JUDGMENT OF VENNING J
This judgment was delivered by me on 17 August 2015 at 11.30 am, pursuant to Rule 11.5 of the
High Court Rules.
Registrar/Deputy Registrar
Date……………
Solicitors: Castle Brown, Auckland
Crown Law, Wellington
Copy to: N Taylor, Auckland
C B Hirschfeld, Auckland
NEVILLE v ATTORNEY-GENERAL [2015] NZHC 1946 [17 August 2015]
Introduction
[1] On Friday, 23 January 2009 on the North Western Motorway in Auckland, a member of the New Zealand Police Armed Offenders Squad (AOS) fired three shots at an armed offender the Police were pursuing. Unfortunately the first shot injured Mr Neville who was driving on the motorway. The second shot wounded the offender, Mr McDonald. Tragically, the last shot killed an innocent courier driver, Halatau Naitoko.
[2] Mr Neville now sues the Attorney-General on behalf of the New Zealand Police alleging a breach of s 9 of the New Zealand Bill of Rights Act 1990 (NZBORA). He alleges he had the right not to be subject to disproportionately severe treatment by the Police which was breached when the police officer fired the bullet which injured him.
[3] The defendant applies to strike out Mr Neville’s claim or, in the alternative,
for summary judgment as a defendant.
Background
[4] At about 2.00 pm on 23 January 2009 Mr Neville was driving his Isuzu flatbed truck north on the North Western Motorway at Auckland. He observed an incident occurring on the other side of the motorway and slowed his truck as he approached it.
[5] As Mr Neville slowed he saw police officers were present on the other side of the median barrier of the motorway. Mr McDonald then jumped over the motorway median barrier and ran towards his truck.
[6] Mr Neville noticed that Mr McDonald was being pursued by police officers and in particular AOS members. The AOS members were heavily armed with assault rifles and carried Glock pistols. As Mr McDonald approached his truck, Mr Neville observed an AOS member, who later came to be known as Officer 84, in
front of his truck and another AOS member, who came to be known as Officer 81, to the left side of his truck.
[7] Officer 84 raised his weapon from ‘high ready’ into the firing position and fired three shots in succession. The first bullet fired by Officer 84 penetrated the front windscreen of Mr Neville’s truck. The bullet fragmented into shrapnel. The windscreen shattered and produced glass shards. Mr Neville says his ear drums burst with the change in pressure when the windscreen was shattered. He was also wounded in his arm, torso, neck and face by copper shrapnel from the bullet and glass shards from the windscreen.
[8] The shooting occurred at the conclusion…
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