S B Manning and T A D Zohrab for Crown S Thode for Mr Heremaia
M J Phelps for Mr Paul
Judgment:
11 April 2025
JUDGMENT OF McHERRON J
[1] Jimmy Heremaia, you appear for sentence having pleaded guilty to one charge of murder,1 and one charge of arson.2
[2] Ropine Paul, you appear for sentence having pleaded guilty to being a party to arson.3
1 Crimes Act 1961, ss 167 and 172. Maximum penalty of life imprisonment.
2 Crimes Act, s 267(1)(b). Maximum penalty of 14 years’ imprisonment.
3 Sections 66 and 267(1)(b). Maximum penalty of 14 years’ imprisonment.
R v HEREMAIA [2025] NZHC 892 [11 April 2025]
[3] I acknowledge the presence of Ariki Rigby’s whānau in this courtroom and in the courtroom next door. I know it has been such a long and painful journey for you to reach this point.
[4] I have read and listened to your powerful statements. It must have taken a great deal of courage for you to read those, tēnei te mihi atu ki a koutou:
(a)Peta Rigby — as Ariki’s father you have spoken very movingly of the forgiveness you have for Mr Heremaia, it has been such a battle for you to reach that state of forgiveness, achieved through your strength and your faith.
(b)Anahera Hinetapu Rigby — Ariki’s older sister — you told us you and Ariki were raised together and you have been devastated by her tragic loss. Just as you cared for her in life, you played an important part in searching for her and assisting with identifying her. Her loss has been crushing for you. Your world fell apart. You still feel numb and have struggled to feel any happiness. Though forever scarred, you are not broken and you will continue to keep your sister’s memory and spirit alive.
(c)Chenaye Wilson — one of many Ngahuka female first cousins — spoke very clearly about the immense grief, pain, trauma that will last a life time — Ariki’s was a precious life and she will be missed far and wide.
(d)I have also read a statement from Kasey Rigby — Ariki’s stepmother
— you describe enormous grief about not being able to tangi with Ariki because Jimmy Heremaia had burnt her body. But you too have, somehow, achieved a state of forgiveness. You wrote about: the way your whānau has continued to change and evolve, but that Ariki has missed out on all of this, including her new nephew and niece; and the aching sadness that Ariki’s grandmother passed before Ariki’s killer was brought to account; and your poignant reflection on what might
have been, but now will never be — that Ariki would have been an awesome Mum.
(e)Maimaru Ngahuka — you have the aching burning pain of a…
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
AGLC
R v Heremaia [2025] NZHC 892
Case
[2025] NZHC 892
Decision Date
CaseChat Overview and Summary
In the High Court of New Zealand, the case of R v Heremaia and Ropine Paul was heard, with the defendants appearing for sentencing after pleading guilty to charges related to the death of Ariki Rigby. Jimmy Heremaia pleaded guilty to one count of murder and one count of arson, while Ropine Paul pleaded guilty to being a party to arson. The legal issues before the court included determining the appropriate sentence for each defendant, considering factors such as the circumstances of the offending, the impact on the victim's family, and the defendants' personal circumstances.
McHerron J began by acknowledging the statements from the victim's whānau, emphasizing their resilience and the power of forgiveness. The court detailed the events leading to Ariki Rigby's death, including Heremaia's actions in killing her and subsequently burning her body to destroy evidence. The court then addressed the sentencing for Heremaia, who was sentenced to life imprisonment for murder with a minimum period of 12 years, and five years for arson, to be served concurrently. The court justified the lengthy sentence by highlighting the premeditated nature of the crime, the use of a weapon, and the additional harm caused by the arson.
For Ropine Paul, the court determined a sentence of 12 months' home detention, considering his limited role in the arson and his personal circumstances, including his struggles with substance abuse and a desire for rehabilitation. The court emphasized the importance of home detention as a real alternative to imprisonment, suitable for the purposes and principles of sentencing. The final orders included Heremaia's imprisonment and Paul's home detention, with specific conditions and support measures for Paul to comply with his sentence.