R v Rauhihi - [2025] NZHC 713

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2023-009-007536

[2025] NZHC 713

THE KING

v

TRAMAYNE RAUHIHI

Hearing: 21 March 2025

Appearances:

P N M Brown for Crown (at sentencing 21 March 2025) C R Stuart for Crown (at recall 31 March 2025)

S R Norrie for Defendant (at sentencing 21 March 2025)
L R Brown on behalf of S R Norrie for Defendant (at recall 31 March 2025)

Sentencing notes:

21 March 2025

Recalled:

31 March 2025

SENTENCING NOTES OF EATON J

This judgment was delivered by me on …….. at ……… pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

R v RAUHIHI [2025] NZHC 713 [21 March 2025]

Introduction

[1] Tramayne Rauhihi, you appear for sentence having pleaded guilty to one representative charge of supplying methamphetamine,1 one representative charge of supplying cocaine,2 one charge of possessing methamphetamine for supply,3 and one charge of possessing cocaine for supply.4

The offending

[2] Your offending arises from a police investigation code-named Operation Italian Sky. The operation identified members of the Tribesmen (Tribesmen) Motorcycle (MC) gang operating a multi-million-dollar methamphetamine and cocaine supply network based in Christchurch between September 2021 and October 2023. Members of the gang involved in the supply network arranged for the delivery of large amounts of cash to Auckland and for the transportation of large quantities of methamphetamine and cocaine to Christchurch, on commercial flights or on tow-trucks.

[3] Ricky Poa (formerly Smith) is a patched member of the Tribesmen. He holds the rank of National Vice President. Mr Poa is the principal offender of the methamphetamine and cocaine supply network. He was the leader and, it is acknowledged, the main financial beneficiary of the drug dealing activity. He was primarily responsible for sourcing kilogram quantities of methamphetamine and cocaine from organised criminal groups in Auckland and elsewhere. Consistent with that role, he, personally, did not have the controlled drugs or cash in his possession. Instead, he arranged for trusted patched members and other gang associates to manage the transportation of drugs and cash. Mr Poa has entered guilty pleas. He has admitted his role in the offending. He is yet to be sentenced.

[4] You are 34 years old. You were introduced into this operation when you were offered employment through a friend, Blake Harpur at CANT0W, a towing company based here in Christchurch. I accept that when you accepted the job offer you did not

1      Misuse of Drugs Act 1975, ss 6(1)(c), (2)(a) and 66; maximum penalty life imprisonment.
2      Sections 6(1)(c), (2)(a) and 66; maximum penalty life imprisonment.
3      Sections 6(1)(f), (2)(a) and 66; maximum penalty life imprisonment.
4      Sections 6(1)(f), (2)(a) and 66; maximum penalty life imprisonment.

believe your role would be engaging in anything other than legitimate activity. Mr Harpur was someone you had always looked up to and admired and someone to whom you felt a deep sense of loyalty. Shortly after your employment commenced, Mr Harpur directed…

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 Rauhihi

Details

AGLC: R v Rauhihi [2025] NZHC 713
Case: [2025] NZHC 713
Decision Date: 21 March 2025

CaseChat Overview and Summary

The case of R v Rauhihi involved the sentencing of Tramayne Rauhihi for various drug supply and possession charges. Rauhihi pleaded guilty to supplying methamphetamine and cocaine, as well as possessing these drugs for supply. The court heard that Rauhihi was part of a drug supply network operated by the Tribesmen Motorcycle gang in Christchurch. He was involved in transporting cash and drugs between Auckland and Christchurch. The court determined that Rauhihi's role was that of a transporter under the direction of others within the gang. The starting point for sentencing was set at 11 years' imprisonment, reflecting the seriousness of the drug quantities involved and Rauhihi's role, albeit at the lower end of the spectrum. The court considered various mitigating factors, including Rauhihi's guilty plea, remorse, rehabilitative efforts, and his background circumstances. After applying deductions for these factors and time spent on electronically monitored bail, the court sentenced Rauhihi to two years and ten months' imprisonment, to be served concurrently on all charges. The start date of the sentence was deferred to allow Rauhihi to travel from Auckland to Christchurch for sentencing.

Orders