27 Sep 2012

Coroner wants urgent review, over hunting deaths

10:55 pm on 27 September 2012

A Coroner has recommended an urgent review of whether hunters with high-powered rifles should be allowed into public recreational areas.

Wallace Bain on Thursday released his findings into the death of Rose Ives, 25, who was shot by a hunter while cleaning her teeth at a Department of Conservation campground near Turangi in October 2010.

Andrew Mears, 25 at the time, was hunting illegally near the campsite when he mistook Ms Ives' headlamp for the eyes of a deer and shot her.

He was released from prison in January this year after serving 11 months of a two-and-a-half year sentence for her manslaughter.

Dr Bain says the rules and regulations relating to hunting deaths need to be urgently investigated by the Law Commission and the Government.

Dr Bain also says the time may have come for the more serious charge of manslaughter to be applied in all cases when hunters kill people because their targets have not been properly identified.

Rose Ives' mother Margaret McFarlane attended the inquest held in Rotorua in March this year and said on Thursday that she welcomed the findings.

"We thoroughly endorse the findings and recommendations of the Coroner. It is clearly evident that there are ongoing safety and legal issues surrounding firearms deaths that need to be addressed to prevent further tragedy."

The Coroner also recommends that hunting laws make it clear those involved in a joint hunting exercise should bear similar responsibility to the principal offender.

Defence concern over one point

Mears lawyer Roger Laybourn says one of the coroner's recommendations into the death could lead to injustices.

Dr Bain says everyone in a joint hunting exercise should bear similar responsibility to the principal offender.

Mr Laybourn told Radio New Zealand's Checkpoint programme one of the coroner's recommendations into the death could lead to injustices.

He says failing to identify one's target is an individual mental process and to try to argue that someone is party to that is just not possible.

"The coroner saying that we should really be looking at manslaughter being used more often, together with a suggestion ... everyone else in the party should get the same charge, I think we're going to get some injustices."

But he says Mears - who has served 11 months prison for Ms Ives' manslaughter - supports the other recommendations.