The sole survivor of an air force Iroquois helicopter crash on Anzac Day 2010 is trying to sue the New Zealand Defence Force and chief of defence.
Sergeant Stevin Creeggan was seriously injured in the crash at Pukerua Bay that killed pilot Flight Lieutenant Hayden Madsen, Flying Officer Daniel Gregory and Corporal Benjamin Carson.
Their helicopter, "Black 2", was the second of three flying in formation that left Ohakea Airbase at 5.13am to fly over Anzac Day commemorations in Wellington.
A Defence Force spokesman confirmed that Sgt Creeggan, who is still in the air force, had taken legal action but could not comment further because the matter was before the courts.
The Defence Force was served with papers on July 18 and the issue in the case was failure to protect an employee in the workplace, Fairfax reported.
However, the case would have to be approved by the courts because it was more than six months after the incident.
A court of inquiry earlier found that the crew was not fully qualified or competent enough to fly in the formation, and risk-management processes failed to identify the dangers associated with using night-vision goggles.