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A judge has thrown out an assault case against a man who threw a cushion at his nephew's head following an argument with the boy's mother.

George Taylor was accused of assault last New Year's Eve following an argument about whether the mother of the 6-year-old was being overprotective of her children.

He threw a small decorative cushion at his nephew's head, and although the mother did not see the incident, she called the police.

During a depositions hearing in July, the mother told the Wellington District Court that although there were no injuries, it was "definitely not" just a pillow fight.

At the hearing, the boy, who was speaking from behind a protective screen shielding him from the accused, told the court that the pillow strike had not really hurt and that he felt no ill-will towards his uncle.

The boy said he had been hit on the top of the head, had not been injured and had not been sore.

Yesterday in court, the judge said a trial would potentially damage the boy and dismissal of the case was in the overall interests of justice.

The judge also blasted the police as "ridiculous" and "petty" for bringing action against Mr Taylor.

Mr Taylor later said the whole situation had been ridiculous.

"It's just a waste of taxpayers' money, my time and the police's time."

- NZPA