CAA put ‘money before justice’
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