The Defence Force has failed in its bid to have charges dismissed which were laid against it by WorkSafe over the death of an SAS solider.
Photo: NZDF / Supplied
Lance Corporal Nicholas Kahotea died in Auckland Hospital in May 2019, after taking part in an exercise at the SAS training facility in Ardmore.
WorkSafe filed charges under the Health and Safety at Work Act a year later.
At a hearing in June, the Defence Force argued there was an exemption from that Act, for operational counter-terrorism response activities.
But in a judgment this morning, Judge Lovell-Smith said health and safety laws do apply in this case, and declined the Defence Force's application to have the charges dismissed.
The case will be back in court next month.