Driveway row ended in death

An argument over a parrot and a shared driveway has ended in a man's death.

A North Shore man has escaped charges over the death, and won permanent name suppression, after the "nightmare" dispute, which ended when his neighbour fractured his skull on the pavement during an argument and died.

The Herald cannot name the man because of the suppression orders, but an assault charge was withdrawn when he appeared in the North Shore District Court last week.

Retired boat builder Ronald John Smith died on March 14 this year. His skull fractured as he hit the driveway over which he had been arguing with his neighbours.

The man who appeared in court also owns a parrot, which neighbours said had long been a "bone of contention" between the pair.

The bird has been described as "quite a clever parrot", although it could not be heard when the Herald visited the man's home this week.

One neighbour said the bird would "yap day and night, day and night".

The parrot could be heard squawking outside when people returned to the Smith home following Mr Smith's funeral at the Wakatere Boating Club in Devonport.

"The parrot was just going and going and going," said one neighbour.

The parrot had not been heard recently, the neighbour said.

The man first appeared in court on March 16, entering no plea to one charge of assaulting Mr Smith.

Last week police dropped the charges, referring Mr Smith's death to the coroner.

Neighbours and friends have said there was an ongoing dispute over access to the driveway the men shared.

"It was a bit of a nightmare," the man told the Herald yesterday.

"I just really want to get on with everything again."

Mr Smith's house sits below the man's home and it is understood he objected to how the man parked on the driveway which slopes steeply down. A trailer often parked on the grass at the top of the driveway blocked access, he told friends, and he objected to another vehicle also often being parked on the grass verge at the top of the driveway.

But the man and his partner have told people they were terrified of Mr Smith, who they said dictated how far their vehicles could come down the driveway and threatened to abuse them if they breached it.

A friend told the Herald that on May 10 the 41-year-old had come home and Mr Smith had flown out of his home towards the man's car.

"I understand in this case Ron came charging out and pulled the door open and hauled the guy out of the car. The guy's terrified of him. He's obviously reacted as one would do and the unfortunate thing is Ron's landed on his head," the friend said.

"I would expect that they would be claiming self-defence. "He pretty much died on the driveway as police arrived."

It is understood the man's partner had called police as soon as she saw Mr Smith heading towards the man's car.

North Shore Police Detective Sergeant Nadene Richmond said the charge of assault had been withdrawn when the man appeared in the North Shore District Court on May 10.

She said police had reviewed the file and decided not to proceed.

"A decision has been made not to lay any more serious charges."

She said police would not be releasing specific reasons why they did not proceed with the prosecution and the matter would be referred to the coroner for a hearing at a date yet to be decided.

Mr Smith's wife Janet said she had no comment to make about the incident.

Another neighbour said there had been a bit of "argy bargy" over the driveway.

"It's easy to get into a dispute like that, but when you push somebody you wouldn't expect somebody to die."