Pike River survivor Daniel Rockhouse convicted after assaulting uncle at grandmother's funeral

NZ Herald

24-05-2025

When the West Coast mine exploded in November 2010, Rockhouse was about 1km underground. He was thrown to the ground and knocked unconscious.
When he woke, he battled his way through toxic carbon monoxide fumes to reach safety. He came across workmate Russell Smith along the way and pulled him clear of the deadline mine.
The pair were the only two to survive the blast. Twenty-nine other men - including Rockhouse's brother Ben - were killed.
In 2015, Rockhouse was awarded a New Zealand Bravery Medal in the New Year honours for his heroic actions.
Colville spoke to the Herald about the assault. He explained that before his mother died, she had requested a private funeral with only family and a couple of close friends in attendance.
On the day, a number of others turned up, and Colville and another sibling approached them to advise that the service was private.
Colville said Rockhouse seemed to take exception to that and 'started making a scene'.
Things became 'a bit heated', and he called the police.
He said that while he was on the phone, Rockhouse punched him.
'He hit me on the steps of the church, and I went down. He hit me hard, he's a big boy. I went down the steps to check my nose because I thought he might have broken it… and next thing, he hooks me one.
'I stumbled back, I was a little bit confused…. then I think he hit me another four times.'
Police arrived soon after and arrested Rockhouse.
Colville sustained two black eyes and a serious injury to his nose, which he says he needs to see a specialist about.
Rockhouse appeared at Christchurch District Court the next day, charged with assaulting a person in a family relationship.
At his second court appearance on February 21, he pleaded guilty to a lesser charge of common assault.
Judge David Ruth convicted Rockhouse and ordered him to pay $200 to Colville for emotional harm.
Colville was not in court for the sentencing. He said he had been told he 'did not need to go' by the police.
'I got a phone call from a lady from the courts saying Daniel's been in court, he's been convicted, and he's got to pay you $200,' he said.
'It made me wild. I have never been so wild in my life.'
Colville wanted to attend sentencing so he could speak about the effect Rockhouse's actions had on him.
'I actually wrote a victim impact statement, thinking that's what police wanted. They weren't interested,' he said.
'They didn't want to know… I just got flogged off.'
Colville slammed police and Judge Ruth, saying his nephew was given 'special treatment' and 'got away with' serious offending while he was ignored and 'shut out' of the justice process.
'Basically, they let him off. It's unbelievable. I just think it's unacceptable,' said Colville.
'It was a pretty serious incident… I didn't have a hope in hell of defending myself. And for him to get a $200 fine… is a bit of a joke. '
On April 15, the Herald made an application for Judge Ruth's sentencing notes. A response has not been received.
Advertise with NZME.
Colville was sent a copy of the document, spanning just two paragraphs.
On the day, Judge Ruth told Rockhouse he'd read material submitted to the court from defence lawyer Kerry Cook ahead of the hearing.
He did not elaborate further.
'I am generally aware, as are most people, of the problems that have faced you and your family have faced over a number of years,' the judge said.
'I have amended the charge down to (common) assault, having regard to all of the features in this case and Mr Cook's submissions.
'You are now convicted and ordered to pay $200 by way of reparation for emotional harm to the victim. That can be paid within the next 24 hours. For the various reasons I have touched upon - that is the only sentence imposed in this case.'
Colville said before the assault, there had been 'no beef' between himself and Rockhouse.
There had been conflict between Colville and his siblings over some family issues, but he never considered that there was any tension with his nephew.
Rockhouse also noted 'longstanding family politics' in the lead-up to the assault that 'provide context to what happened'.
'These are private issues. These family issues date back years,' he told the Herald.
'The victim did not deserve to be punched… I am sorry, and I regret what happened.
'I pleaded guilty and the issue was resolved in court in February. I accepted the judge's decision and my punishment, and wish to have no further interaction with the family member involved.
'I wish to move forward with my life and put this in the past, where it belongs.'
Colville said he was 'very disappointed' and felt let down by the justice system.
'He basically just got away with it. He did not need to do that sort of thing. I don't see why he should get away with what he did just because he's a Pike River survivor,' he said.
'It just shows me that when people get held up high, they can go around doing what they want. I don't think that's right. That's why I have spoken up - I want people to know this happened and that Daniel needed to pay for what he did, but he got away with it.
'The police let me down a lot... He didn't just beat me once, he hit me several times and he gets away with it. He just gets to back to Aussie and carry on.'
Canterbury Metro Area Commander Inspector Lane Todd said police applied to amend Rockhouse's charge down to common assault.
'This was based on a number of factors, centred around the Solicitor General's Prosecution Guidelines. These include the likely expected sentence if convicted, the level of violence shown, and the practicalities of a trial balanced against its likely outcome,' he said.
'We are comfortable that this matter was properly assessed, and that relevant legal considerations and guidelines were followed.
'The matter was then taken through the complete court process right up to an appropriate legal resolution.'
Todd was not able to substantiate Colville's claim police told him he did not need to attend court.
'However, in general, it would be unusual for a victim to attend such a hearing, and if they did, there is no ability for them to participate in it,' he said.
'It is possible that a victim in this instance may be told by the officer in charge that there was no requirement for them to attend. The decision-making process was conveyed to the victim in this case.'
Todd said there were avenues available to those who want further support following the court process.
'As well as those who may wish to make a complaint,' he said.
Anna Leask is a senior journalist who covers national crime and justice. She joined the Herald in 2008 and has worked as a journalist for 19 years with a particular focus on family and gender-based violence, child abuse, sexual violence, homicides, mental health and youth crime. She writes, hosts and produces the award-winning podcast A Moment In Crime, released monthly on nzherald.co.nz.