Clarke (Aka Karaka) v Police HC Whangarei CRI-2011-488-33

[2011] NZHC 1034

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2011-488-33

BETWEEN  SELWYN JAMES CLARKE (AKA KARAKA)

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         8 September 2011

Appearances: Appellant in person

D B Stevens for Respondent

Judgment:      9 September 2011

JUDGMENT OF BREWER J

This judgment was delivered by me on 9 September 2011 at 10:00 am pursuant to Rule 11.5 High Court Rules.

Registrar/Deputy Registrar

SOLICITORS

Marsden Woods Inskip & Smith (Whangarei) for Respondent

(copy to Appellant in person)

CLARKE (AKA KARAKA) V POLICE HC WHA CRI-2011-488-33 9 September 2011

[1]      The appellant (who prefers the surname “Karaka”) was convicted on 9 July

2010 of one charge of careless driving causing injury.  He was fined $500, ordered to pay  $130  court  costs,  $250  reparation,  and  was  disqualified  from  holding  or obtaining a motor driver’s licence for six months.  By notice of general appeal dated

16 July 2010, Mr Karaka appealed against both his conviction and his sentence.

[2]      The case came before me on 8 September 2011.   Mr Karaka represented himself.

[3]      Mr Karaka was born on 2 September 1927.  He is now 84 years old.  As a teenager he “put up his age” and joined the Armed Services to fight in World War II. After a period of service in the Pacific with the Air Force, he became a proud member of the 28th Maori Battalion and saw action in Europe in the closing days of World War II.   It is worth recording that the war ended before Mr Karaka’s 18th

birthday.

[4]      Mr Karaka represented himself with the dignity consistent with his mana. His principal concern is not actually with the fact of his conviction.  Rather, it is his deep disquiet with the way in which the charge against him was particularised in the summary of facts.

[5]      The summary of facts says that Mr Karaka turned into Clough Road with the intention of turning back on to State Highway 1 in order to stop another vehicle that was being driven by a relative, travelling northbound.   In turning back onto State Highway 1 he collided with an oncoming vehicle.

[6]      Mr Karaka is adamant that the road in question is not Clough Road.  In his view the road has been misnamed and that causes him significant concern because of the history of the area and, in particular, its association with his hapu, iwi and battalion.

[7]      Many of those who served with the 28th Maori Battalion are buried in the area and the road is of great significance because it joins two iwi who together gave

honourable service in the war.  The misnaming of the road, Mr Karaka submits, fails to recognise this linkage and dishonours it.

[8]      Unfortunately, I cannot, as Mr Karaka asked, make any order putting the matter, as Mr Karaka would have it, to rights.  I just do not have the power to do so. Mr Karaka has told me that he is in contact with the relevant local authority and hopefully the matter will be investigated properly and any necessary decisions taken.

[9]      As  to  the  charge  itself,  I  appreciate  Mr  Karaka’s  submission  that  the driveshaft of his motor vehicle drove it while he was merely the operator.  However, that does not at law amount to a defence to the charge.  Neither does the name given to the road from which he turned.

[10]     The  sentence  imposed  on  Mr  Karaka  was  unexceptional  and  I  have  no grounds for disturbing it.

[11]     I have no choice other than to dismiss the appeal, and I do so accordingly.

Brewer J