Tamati v The King

Case [2025] NZSC 70


NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. SEE

NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF ANY PERSON UNDER THE AGE OF 18 YEARS WHO IS A COMPLAINANT OR WHO APPEARED AS A WITNESS PROHIBITED BY S 204 OF THE CRIMINAL PROCEDURE ACT 2011. SEE  

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 48/2024
 [2025] NZSC 70
BETWEEN

TRISTAN LEE TAMATI
Appellant

AND

THE KING
Respondent

Hearing:

25 February 2025

Court:

Winkelmann CJ, Glazebrook, Williams, Kós and Miller JJ

Counsel:

J E L Carruthers and S J Bird for Appellant
A J Ewing and M J Lillico for Respondent

Judgment:

3 July 2025

JUDGMENT OF THE COURT

The appeal is dismissed.

____________________________________________________________________

REASONS
(Given by Kós J)

Table of Contents

Para No
Background [7]
  Factual background [8]
  Trial [20]
  Court of Appeal [28]
Ground 1: Did errors by trial counsel lead to a miscarriage of justice?

[31]

  Discussion [34]
Ground 2: Was a reliability warning required in the circumstances?

[49]

  Discussion [52]
Result [57]
  1. Two men, aged 41 and 25 years, and three teenage girls, two aged 15 years, all fuelled by drugs and alcohol, partied overnight at a house.  The upshot was the older man, Mr Tamati, being convicted of twice sexually violating the 15-year-old complainant—‍initially in a car and later in a bedroom—as well as doing an indecent act on her and supplying her methamphetamine. 

  2. The defence advanced was one of fabrication by the complainant, on the basis her complaint was made to mitigate a later violent but mistaken attack on Mr Tamati by two of her relatives when the real culprit—if there was one—was the other man at the house.

  3. Mr Tamati was convicted on all charges and transferred to the High Court for sentence.  In that Court, Simon France J sentenced him to preventive detention given his history of serious sexual assaults and his elevated risk of reoffending.[1]

    [1]R v Tamati [2021] NZHC 2885 (Simon France J).

  4. The Court of Appeal dismissed appeals against both conviction and sentence.[2]

    [2]Tamati v R [2024] NZCA 113 (Gilbert, Dunningham and Churchman JJ) [CA judgment].

  5. Leave to appeal against conviction was given by this Court on two approved questions:[3]

    (a)whether errors by trial counsel may have occasioned a miscarriage of justice; and

    (b)whether in the circumstances a reliability warning was required. 

    [3]Tamati v R [2024] NZSC 91 (Glazebrook, Kós and Miller JJ).

  6. Leave to appeal against sentence was not sought.

Background

  1. We start with the narrative evidence, before summarising the trial and appeal below.

Factual background

  1. Mr Tamati was found guilty of five charges of sexual offending against the 15‑year‑old complainant: two charges of sexual violation by rape, two charges of sexual violation by unlawful sexual connection and one charge of doing an indecent act on a young person.[4]  He was also convicted of one representative charge of supplying methamphetamine to the complainant.[5]

    [4]Crimes…

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Details
AGLC
Tamati v The King [2025] NZSC 70
Case
[2025] NZSC 70
Decision Date

CaseChat Overview and Summary

The Supreme Court of New Zealand dismissed an appeal against conviction by Tristan Lee Tamati, who had been found guilty of multiple charges of sexual offending and drug supply against a 15-year-old complainant. The Court considered two main grounds of appeal: whether errors by trial counsel led to a miscarriage of justice, and whether a reliability warning was required regarding the intoxication of the complainant and a witness. The Court found that while the closing address by defence counsel was not perfect, it was not deficient to the extent of causing a miscarriage of justice. The Court also concluded that a reliability warning was not necessary as the potential unreliability of the intoxicated witnesses' evidence was sufficiently apparent to the jury without a specific direction. Consequently, the appeal was dismissed, and the convictions were upheld.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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