R v Harpur - [2025] NZHC 1144

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2023-009-7536

[2025] NZHC 1144

THE KING

V

BLAKE MICHAEL JAMES HARPUR

Hearing: 13 May 2025

Appearances:

C R Stuart for Crown

K H Cook for Defendant

Judgment:

13 May 2025

ORAL SENTENCING REMARKS OF OSBORNE J

Introduction

[1]Mr Harpur, I am going to ask you to stand please.

[2]Blake Harpur, you have pleaded guilty to five charges1 being:

(a)supplying methamphetamine (representative);2

(b)supplying cocaine (representative);3

1      Mr Harpur had two additional charges being a further charge of possession of cocaine for supply which was dismissed under s 147 of the Criminal Procedure Act 2011, and unlawful possession of a firearm to which Mr Harpur has pleaded not guilty.
2      Misuse of Drugs Act 1975, s 6(1)(c) and subs (2)(a); Crimes Act 1961, s 66—maximum penalty life imprisonment.
3      Misuse of Drugs Act, s 6(1)(c) and subs (2)(a); Crimes Act, s 66—maximum penalty life imprisonment.

R v HARPUR [2025] NZHC 1144 [13 May 2025]

(c)possession of methamphetamine for supply;4 and

(d)two charges of possession of cocaine for supply.5

[3] The charges arose from an extensive police investigation, styled Operation Italian Sky, into a multi-million-dollar methamphetamine and cocaine supply network run by the Tribesmen Motorcycle Gang (the Tribesmen).

[4] I am shortly going to ask you to sit again while I explain the sentence I will be imposing on you. This is going to take some time. I will indicate to you towards the end when you need to stand again.

[5]But you may be seated again now, thank you.

Background

[6] I have taken the relevant background from the summary of facts, which you have accepted.

[7] Mr Harpur, you were involved with what is being called “supply line two” in relation to the Tribesmen drug supply network which operated between May and October 2023. The supply line was managed by your co-defendant Andrew Smith. But it was operated under the guise of your businesses, being a towing company and a vehicle detailing business both based in Rangiora. With Mr Smith, you managed the transport of cash from Christchurch to Auckland and the collection of methamphetamine and cocaine using your tow trucks and ferry crossings. Drug deliveries were received and processed at your vehicle detailing business address for wider distribution by Tribesmen co-defendants and by you at a street level.

[8] You are described as being a Tribesmen associate—it is not alleged you were or are a member.

4 Misuse of Drugs Act, s 6(1)(f) and subs (2)(a); Crimes Act, s 66—maximum penalty life imprisonment.
5 Misuse of Drugs Act, s 6(1)(f) and subs (2)(a); Crimes Act, s 66—maximum penalty life imprisonment.

[9] You received your instructions from Mr Smith and predominantly directed a co-defendant, Tramayne Rauhihi. He worked as a tow truck driver for you but also would act as a driver for you to transport drugs and cash.

[10] Once supply line one was disrupted, your business was also utilised by further co-defendants…

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.

Continue reading R v Harpur

Details

AGLC: R v Harpur [2025] NZHC 1144
Case: [2025] NZHC 1144
Decision Date: 13 May 2025

CaseChat Overview and Summary

Blake Michael James Harpur has been convicted of five charges related to the supply and possession of methamphetamine and cocaine, with an additional charge of unlawful possession of a firearm remaining unresolved. The convictions arose from a police investigation into a drug supply network operated by the Tribesmen Motorcycle Gang. Harpur was involved in the network, managing the transportation of drugs and cash under the guise of his legitimate businesses. The court assessed the appropriate sentence by considering the quantity of drugs involved, Harpur's role in the operation, and the principles of sentencing as outlined in the Sentencing Act 2002. The starting point for the sentence was calculated to be 13 years and 9 months, adjusted for the proportion of cocaine to methamphetamine in the drugs involved. Given Harpur's guilty pleas, rehabilitative efforts, and background factors, the court determined a total deduction of 55% from the starting point. The final sentence imposed was five years and nine months' imprisonment, to be served concurrently. The court also noted that no minimum period of imprisonment would be imposed, as the sentence already met the purposes of accountability, denunciation, deterrence, and protection of the community.

Orders