Kanapu v Police

Case [2016] NZHC 143


IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2015-488-39 [2016] NZHC 143

MARSHALL MAIHI KANAPU

v

NEW ZEALAND POLICE

Hearing: 3 February 2016

Appearances:

Mr Kanapu in person
M A Jarman-Taylor and J W Wall for the Respondent

Judgment:

12 February 2016

JUDGMENT OF THOMAS J

This judgment was delivered by me on 12 February 2016 at 3.00 pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date:………………………….

Solicitors:

Marsden Woods Inskip & Smith, Whangarei.

KANAPU v NEW ZEALAND POLICE [2016] NZHC 143 [12 February 2016]

Introduction

[1]      Mr Marshall Kanapu has been convicted and sentenced on one charge of possession of cannabis for the purpose of supply, under s 6(1)(f) of the Misuse of Drugs Act 1975.1  He now appeals his conviction and sentence on the grounds that the Court had no jurisdiction over him as tangata whenua.

Factual background

[2]      Mr Kanapu does not challenge the factual basis of his conviction.

[3]      The Police arrived at Mr Kanapu’s address, and, when they searched it, they found a quantity of  cannabis  and  some  pre-cut  tinfoil. The Crown  submissions record that what was found consisted of more than 20 cannabis tinnies and over 40 grams of loose cannabis head.  Tinfoil, ziplock plastic bags and a tick list were also discovered.

[4]      A  hearing  was  conducted  before  Judge  Harvey  on  25  March  2015. Mr Kanapu appeared, self-represented, to defend the charge. He explained that he sought to defend the charge on the basis of “a stipulation for rightful jurisdiction”, claiming that the Court had no jurisdiction over him. Judge Harvey explained that he could  not  accept  arguments  based  on  sovereignty.    Mr Kanapu  did  not  give  or challenge any evidence.

[5]      On 7 July 2015, Mr Kanapu appeared before Judge Harvey for sentencing. Judge Harvey imposed a sentence of six months’ home detention, and 250 hours of community work. That sentence was cumulative on a six months’ home detention sentence which had already been imposed on Mr Kanapu for unrelated domestic

violence charges. These were Mr Kanapu’s first incidents of offending since 1988.

1      The maximum sentence for possession of a class C drug for the purpose of supply is 8 years imprisonment.

[6]      Mr Kanapu filed his appeal out of time, on 23 October 2015.  He explained that the delay was as a result of his home detention sentence which “destructed the pursuit of this information and obtaining as well”.

Appellant’s submissions

[7]      No written submissions were received from the appellant. He continued to rely  on  a  “Memorandus  for  Jurisdiction”  dated  21  October  2014  although emphasised in his oral submissions what he considered to be the breach by the Crown of its partnership obligations to Māori.

[8]      Mr Kanapu essentially claimed that the Court has never had jurisdiction over tangata whenua of New Zealand. Any statutes purporting to do so are unconstitutional, and void ab initio, meaning Māori are only subject to Māori law, he said.

Respondent’s submissions

[9]      The Crown submitted that leave should not be…

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Kanapu v Police [2016] NZHC 143
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[2016] NZHC 143
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CaseChat Overview and Summary

In the High Court of New Zealand, Marshall Maihi Kanapu appealed against his conviction and sentence for possession of cannabis for the purpose of supply. The appeal was heard on 3 February 2016 and the judgment was delivered by Thomas J on 12 February 2016. Kanapu contended that the Court had no jurisdiction over him as a tangata whenua and the appeal was filed out of time. The Crown argued that leave should not be granted as there was no explanation for the delay and the appeal was without merit. The High Court considered the appeal against conviction first, noting that it is well-established that New Zealand Courts have jurisdiction over all people in New Zealand who have committed crimes and that the Courts are bound constitutionally and legally to uphold and follow the laws passed by the New Zealand Parliament. The Court found no basis for Kanapu's claim that the District Court did not have jurisdiction over him. The Court then turned to the appeal against sentence, finding that the sentence imposed was not manifestly excessive and was in fact relatively generous given the quantity of cannabis in Kanapu's possession. The appeal against conviction and sentence was dismissed.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

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