Victim faced criminal charges

Grace died at a party aboard the Quest II. Photo / Robert Trathen

The man who died while attending a Christmas party aboard a luxury boat on Auckland's Viaduct Harbour was facing serious criminal charges.

Darren Perry Grace, 40, died on December 18 on the Quest II, which had been hired for the Pacific Hygiene Limited Christmas party.

He was invited to the party by his partner Claire Tynan and collapsed about 90 minutes after the boat left its berth. Attempts to resuscitate him were unsuccessful. Police launched a homicide investigation the next day.

Some guests on the boat have reported Grace was behaving erratically and had to be physically restrained.

The Herald on Sunday has learned that Grace, a builder from East Tamaki, was scheduled to appear in the Manukau District Court on February 11 on two charges of threatening to kill and also had one charge of refusing to give blood in relation to a drink-driving offence before the courts.

The Manukau District Court executive judge refused the newspaper access to Grace's court file and the Counties Manukau police would not be drawn on the charges.

However, it is understood the threatening charges were brought against the father-of-one after an incident on August 17 involving at least two other men.

An official source confirmed the drink-driving charge was not Grace's first and that he had a "mix" of previous convictions.

There was also a protection order in place, filed in 2007, against Grace by Tynan.

Tynan initially dismissed any knowledge of the charges or the protection order when contacted by the Herald on Sunday on Friday, saying: "I wouldn't put any stock in it. It sounds dodgy as," she said. She later acknowledged there was "more to" the protection order but did not want to talk about it or the charges.

His lawyer Des O'Connor did not return calls.

Detective Senior Sergeant Kevin Hooper, the officer in charge of the homicide investigation, refused to comment on Grace's background.

Although police have confirmed Grace died of asphyxiation, Hooper will not reveal details of what happened in the moments before he collapsed. Nor will he say if Grace was involved in an altercation or had to be restrained before he stopped breathing.

Some on the boat reported that Grace was off-colour before his collapse. The skipper was worried and tried to calm him, but moments after Grace sat down in an upstairs area, he collapsed.

Tynan does not know what happened on the top deck of the boat but said her partner of five years was acting normally and "really excited" about the party.

Hooper said the investigation was ongoing and officers were still analysing and "working through" information they had gathered.

"I would estimate we have interviewed well over 50 people and are still locating and speaking to other witnesses as the need arises," he said.

On the basis of toxicology and other forensic tests, and a legal opinion about the evidence, Hooper said he would consider whether it was a "culpable homicide". If it is, charges could be laid in relation to Grace's death.

Tynan said earlier this month she thought Grace's death was a "terrible, horrible accident" and she bore no grudge against anyone involved.