A court has granted the sole survivor of an Air Force helicopter crash on Anzac Day 2010 permission to prosecute the Defence Force for breaching health and safety laws.
Sergeant Stevin Creeggan was seriously injured in the crash which claimed the lives of three of his colleagues Flying Officer Daniel Gregory, Flight Lieutenant Hayden Madsen and Corporal Benjamin Carson.
Sergeant Creeggan had to apply to the Wellington District Court for leave to take a case because of the length of time that has passed since the crash occurred.
The court has granted permission for the prosecution to proceed.
In a ruling released on Friday, Judge Hastings said it was in the public interest to allow the prosecution because the Court of Inquiry that the Defence Force held into the crash was not transparent.
The judge also cited Sergeant Creeggan's injuries as another reason for the delay.
Sergeant Creeggan's lawyer Charles McGuinness told Radio New Zealand's Checkpoint programme his client is very pleased with the judgement.
"He's very pleased with the outcome. There are still other battles to be fought, but this has been very important for him and he feels to an extent vindicated and very satisfied that he's met the threshold under the Health and Safety in Employment Act to take a private prosecution."
