Honana v Police - [2020] NZHC 3244

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2020-463-121

[2020] NZHC 3244

BETWEEN
JAMES HONANA

Appellant

AND

NZ POLICE

Respondent

Hearing: 8 December 2020

Appearances:

Appellant in person supported by Te Awhi o Rangi as McKenzie Friend

G Banuelos for the NZ Police

Judgment:

11 December 2020

JUDGMENT OF POWELL J

This judgment was delivered by me on 11 December 2020 at 3.30 pm Registrar/Deputy Registrar
Date:

HONANA v NZ POLICE [2020] NZHC 3244 [11 December 2020]

[1] The appellant, James Honana, has appealed a decision of Judge G C Hollister- Jones in the District Court at Tokoroa. Judge Hollister-Jones found Mr Honana guilty of failing to answer bail and of driving with excess breath alcohol on a third or subsequent occasion on the basis that Mr Honana did not dispute the charges. Instead, as Judge Hollister-Jones noted in his decision:1
Mr Honana reiterated that his issue was one of sovereignty and that he wanted the Court to determine the case on that basis. I asked Mr Honana for any written material and the prosecutor helpfully found the statement dated 13 August. Mr Honana confirmed that that is the statement that he wanted me to consider. Mr Honana had no supplementary submissions.

In summary, the document asserts:

(a)that there was going to be a disciplinary hui on 13 September 2020 at the Korohe Marae at Turangi and that his behaviour would be considered on a tikanga basis; and

(b)that he is not subject to the New Zealand law and he does not accept the jurisdiction of the Court. In particular at paragraph 10, Mr Honana states that the Land Transport Act does not apply to him and the Whakaputanga o Nga Rangatira 1835 gives a higher status of authority over the New Zealand Police.

Mr Honana asks the Court to dismiss the charge and alternatively seeks that a higher court determine the matter.

[2] Judge Hollister-Jones explained to Mr Honana that the Land Transport Act applied to him and that His Honour was unable to deal with the case on the sovereignty basis requested by Mr Honana.2 Instead, noting that Mr Honana accepted the elements of each charge Judge Hollister-Jones proceeded to convict and discharge Mr Honana on the bail matter, and disqualified him from holding or obtaining a driver’s licence for 12 months, as well as imposing a fine of $750 on the driving with excess breath alcohol charge.3

[3] Mr Honana has now appealed against Judge Hollister-Jones’ decision on the basis he is a “sovereign living man”. It was difficult to follow Mr Honana’s argument. In a procedural direction issued prior to the hearing of the appeal Lang J had confirmed written submissions did not have to be filed in advance of the hearing and Mr Honana

1      Police v Honana [2020] NZDC 20846 at [9]-[11].
2      At [12]-[14].
3      At [15]-[18].

had apparently interpreted this as meaning that submissions did not have to be prepared at all.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2020] NZHC 3244
Decision Date: 11 December 2020

CaseChat Overview and Summary

In the case of Honana v Police, James Honana appealed a decision of Judge G C Hollister-Jones of the District Court at Tokoroa, which found him guilty of failing to answer bail and of driving with excess breath alcohol on a third or subsequent occasion. Honana argued that he is a "sovereign living man" and that the New Zealand courts do not have jurisdiction over him. The High Court was required to determine whether Honana's appeal could be upheld based on his sovereignty claims or if it should be assessed under the Criminal Procedure Act 2011.

The Court examined Honana's arguments, which included references to He Whakaputanga o te Rangatiratanga o Nu Tireni 1835, motor travel within the US, admiralty jurisdiction of the English courts, and biblical creation. The Court found that these arguments did not provide a basis for dismissing the appeal. It relied on the decision of Cull J in Larsen v Police, which held that similar issues do not establish a lack of jurisdiction or provide a basis for appeal. The Court concluded that Honana's appeal must be assessed under the Criminal Procedure Act 2011.

The Court considered Honana's convictions and sentence. It found that Honana accepted the charges against him, and therefore, there could be no miscarriage of justice. Regarding the sentence, the Court noted that Honana was discharged without conviction for failing to answer bail and was disqualified from driving for one year and one day, with a fine of $750, for driving with excess breath alcohol. The Court concluded that the sentence imposed was appropriate and not manifestly excessive. Therefore, the appeal against conviction and sentence was dismissed.

The final order was that the appeal against conviction and sentence is dismissed.

Orders