The family of Halatau Naitoko who was mistakenly shot dead by police last year on an Auckland motorway is to sue police.
Halatau Naitoko, 17, was driving the family business courier van when was killed by an armed offenders squad member.
The police were in pursuit of an armed man at the time.
In March this year, a coroner reserved his findings saying further evidence would be heard just days before Christmas.
The family's legal representative, Colin Pidgeon QC says the police made a serious error of judgement which resulted in the teenager's death.
He says the decision has been made to issue proceedings under the New Zealand Bill of Rights Act.
Mr Pidgeon says the case against the police will probably be heard in the New Year.
