The Southland Times

CAA put ‘money before justice’

- Debbie Jamieson debbie.jamieson@stuff.co.nz

The Civil Aviation Authority appears more concerned with protecting the Queenstown skydiving company involved in a fatal crash than seeking justice, the brother of the dead man says.

California­n Kevin Nii is speaking out after another request for informatio­n about the death of his brother, Tyler Nii, was knocked back.

The 27-year-old died on January 10 last year when his parachute, reserve chute and life-jacket failed while he was on a tandem jump with NZONE over Lake Wakatipu.

His family have been fighting for answers since but the authority (CAA) has refused to share key parts of its investigat­ion, including witness statements.

Stuff has also sought the statements and been refused, with CAA senior legal adviser Brandi Williamson saying:

■ The release of the informatio­n ‘‘would be likely to unreasonab­ly prejudice the commercial position of the skydive operator and other private individual­s who were employees’’.

■ The Transport Accident Investigat­ion Commission (TAIC) and the coroner were still investigat­ing. This is despite neither organisati­on seeking to place blame for deaths they examine. ■ Releasing the witness statements would have ‘‘a chilling effect’’ on the CAA’s ability to obtain similar informatio­n in the future. This is despite there being a statutory obligation on those under investigat­ion to assist investigat­ors. Kevin Nii said he was not surprised.

‘‘It feels like more of the same – like they are doing this on purpose. They are preventing us from having any informatio­n.’’

It appeared the authority did not want any negative effects for NZONE over his brother’s death, he said. ‘‘But I think people should be prejudiced against the company. They killed my brother,’’ he said.

The CAA had one year to prosecute NZONE after completing its investigat­ion into Tyler Nii’s death and finding there had been a series of equipment failures.

It chose not to prosecute following consultati­on with Crown solicitors. ‘‘There is simply no evidence of negligence, reckless behaviour, or wilful misconduct,’’ the CAA told the family in a letter. Nii’s family believe their ability to take their own prosecutio­n before the two-year statute of limitation­s expires has been hampered by the CAA’s reluctance to share informatio­n.

However, the likely costs and limited possible reparation mean they probably will not proceed anyway. Kevin Nii said there was one report the CAA claimed to have sent to the family that they had no record of.

The family’s United States-based lawyer was also struggling to understand the New Zealand legal system and the functions of the CAA, Kevin Nii said.

The CAA previously said it had worked to engage with the Nii family but offers to discuss the accident, its investigat­ion, and its decision not to prosecute had not been taken up.

Stuff has appealed the CAA’s decision to withhold the statements and other informatio­n on the case to the Ombudsman.

‘‘It feels like more of the same – like they are doing this on purpose. They are preventing us from having any informatio­n.’’ Kevin Nii

 ??  ?? Brothers Kevin and Tyler Nii at Kevin’s wedding.
Brothers Kevin and Tyler Nii at Kevin’s wedding.
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