Police v Taueki

Case [2016] NZHC 3098


IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CRI-2016-454-000023 [2016] NZHC 3098

BETWEEN

NEW ZEALAND POLICE

Appellant

AND

PHILIP DEAN TAUEKI Respondent

Hearing:

12 October 2016

(Heard at Wellington)

Counsel:

F J Sinclair and F G Biggs for Appellant
Respondent in person
A Hunt - McKenzie Friend

Judgment:

16 December 2016

JUDGMENT OF ELLIS J

I direct that the delivery time of this judgment is

11 am on the 16th day of December 2016

NEW ZEALAND POLICE v TAUEKI [2016] NZHC 3098 [16 December 2016]

[1]      Mr  Taueki  is  a  well-known  and  passionate  advocate  for  the  care  and preservation of Lake Horowhenua (the Lake) with which he feels a strong ancestral connection.  His passion and his style of advocacy has caused him to be in a more or less permanent state of conflict with the Horowhenua Domain Board (the Board), local residents and the Council and, more recently, the Lake Horowhenua Trust (the Trust).  The bed of the Lake, and much of the land surrounding it, is Māori freehold land, known as Horowhenua Block XI.   Horowhenua Block XI is owned by the Trust.  Mr Taueki is a beneficiary of the trust and (accordingly) a beneficial owner of the land.

[2]      In the latest chapter of this conflict, Mr Taueki was served with a trespass notice, warning him to stay off certain buildings situated on Horowhenua Block XI. He was subsequently arrested and charged with trespassing in contravention of that notice, under s 4 of the Trespass Act 1980 (the TA).

[3]      Judge Moss in the District Court dismissed the charge.  Her basis for doing so was that the trespass notice was invalid because it had been issued by the Board, and the Board was not an “occupier” of the land as required by s 4 of the TA.  Thus (she said) the Board could not lawfully warn Mr Taueki to stay off the land.  The finding of invalidity was fortified by the Judge’s concerns about the absence of a written resolution by the Board approving the issue of the trespass notice and about the authority of the person who served it on Mr Taueki to do so.

[4]      The Police subsequently sought leave under s 296 of the Criminal Procedure Act 2011 to appeal Judge Moss’s decision on three questions of law.  Mr Taueki then sought leave to appeal on a single question that, in a sense, responded to the three Police questions.  On 2 August 2016 Brown J granted leave to appeal on all four. This judgment is concerned with answering each of them.

[5]      The approved Police questions are:

(a)      was the District Court correct in law to hold that the Domain Board cannot issue a trespass notice because it is not an “occupier” for the purpose of s 4 of the Trespass Act 1980?

(b)was the District Court correct in law to hold that Mr Taueki could not be the subject of a valid trespass notice because of the rights reserved to the owners of…

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Police v Taueki [2016] NZHC 3098
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[2016] NZHC 3098
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CaseChat Overview and Summary

In Police v Taueki, the High Court was required to determine whether the District Court was correct in dismissing a charge of trespass against Mr Taueki. The Court was asked to consider the validity of the trespass notice issued by the Domain Board and whether the Board had the authority to issue such a notice. The Court found that the Domain Board was indeed an "occupier" of the land for the purposes of the Trespass Act 1980, as it exercised control over the land as required by the Reserves and Other Lands Disposal Act 1956. The Court also determined that the rights of the Māori owners under s 18 of the ROLDA did not preclude the Board from issuing the trespass notice, as the notice was reasonably necessary to protect the reasonable rights of the public. Furthermore, the Court concluded that there was adequate evidence of the Domain Board's resolution to issue the trespass notice and that the person who served the notice was duly authorised to do so. The Court dismissed Mr Taueki's question about the nullification of the Treaty of Waitangi, stating that the Court's jurisdiction was derived from the exercise of Parliament's legislative powers and not the Treaty. The High Court quashed the District Court's decision and remitted the matter for retrial.

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