Kira v The Queen

[2016] NZHC 2416

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI-2016-463-21 [2016] NZHC 2416

BETWEEN

JACK BLU KIRA

Appellant

AND

THE QUEEN Respondent

Hearing:	(On the papers)
Judgment:	11 October 2016

JUDGMENT OF BREWER J

This judgment was delivered by me on 11 October 2016 at 12 noon pursuant to Rule 11.5 High Court Rules.

Registrar/Deputy Registrar

Solicitors:           Hollister-Jones Lellman (Tauranga) for Respondent

(Copy to Appellant in person)

KIRA v THE QUEEN [2016] NZHC 2416 [11 October 2016]

Introduction

[1]      Mr Kira (who prefers to be known as “Blu”) appeals convictions for failing to stop and failing to give details on demand entered by Judge LM Bidois in the District Court at Opotiki on 5 May 2016.1   Mr Kira was fined $400.

[2]      The  ground  of  appeal  is  that  the  Judge  had  no  jurisdiction  to  enter  the convictions because Mr Kira’s status as tangata whenua means that the laws of New Zealand do not apply to him.

Background

[3]      In his oral decision, Judge Bidois discussed Mr Kira’s situation relating to the charges he now appeals and two charges of aggravated assault.  So far as the driving charges are concerned, Judge Bidois said:

[22]     The next matter relates to tangata whenua.   Blu claims that being tangata whenua precludes him from being subject to the law in two respects. Firstly, the road that he was on is built on tangata whenua land and therefore he is not bound by any law. Secondly, as tangata whenua he is not required to hold a driver’s licence.

[23]     Hotene Street and Paul Street are both public roads. The land was originally  tangata  whenua  land  but  they  no  longer  have  that  status. As tangata whenua we are all bound by the law. No person is above the law, including the Prime Minister, Judges, police officers, unemployed, Blu, his associates and whether they are Māori, Pākehā, Chinese, English, whatever denomination or ethnicity they are. Race does not come into it.

Discussion

[4]      Judge Bidois is, of course, correct.   And as a Judge he is bound by the decisions of higher Courts, as am I.  Put simply, in New Zealand, Parliament is the supreme lawmaker and all Judges are bound to give effect to the laws passed by Parliament.  Claims that tangata whenua are not subject to the laws of New Zealand

are made regularly and are dismissed invariably by the Courts.

1      R v Kira [2016] NZDC 8064.

Decision

[5]      Mr Kira’s appeal cannot succeed and, having read the file, I dismiss it on the

papers.

Brewer J