Taueki v Police - [2020] NZHC 2526

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE

CRI-2020-454-016

[2020] NZHC 2526

BETWEEN
PHILIP DEAN TAUEKI

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 15 September 2020

Appearances:

Appellant appears in Person with A Hunt (in support) J J Harvey for the Respondent

Judgment:

25 September 2020

JUDGMENT OF GRICE J

Introduction

[1] Mr Taueki was convicted of one charge of threatening to kill1 and one charge of intimidation2 on 21 July 2020.3 He was convicted and ordered to appear for sentence if called upon within nine months.4 Mr Taueki appeals both of his convictions. He is self-represented with the support of Ms Hunt.

[2] The matters leading up to the events giving rise to the charges go back some years. They indirectly relate to Mr Taueki and his whānau exercising kaitiakitanga over Lake Horowhenua (the Lake). The Judge-alone hearing took place over two days and involved some 13 witnesses.

1      Crimes Act 1961, s 306; maximum penalty seven years’ imprisonment.
2      Summary Offences Act 1981, s 21(1)(a); maximum penalty three months’ imprisonment or a fine of $2,000.
3      Police v Taueki [2020] NZDC 13860 [District Court Judgment].
4      Police v Taueki [2020] NZDC 14270 [Sentencing Notes].

TAUEKI v NEW ZEALAND POLICE [2020] NZHC 2526 [25 September 2020]

Background

[3] The management and stewardship of Lake Horowhenua has been contentious. The Lake has ancestral significance to the Muaūpoko people, including Mr Taueki and his family. The Lake is heavily polluted, but not everyone agrees how it should be cleaned.

[4] Mr Taueki is not happy about the role of the Lake Horowhenua Trust (Lake Trust) and the Horizons District Council (Horizons). Representatives of those organisations were involved in the encounter that led to the charges. Mr Taueki believes that those representing the Lake Trust or Horizons are biased against him. He also referred, in the course of his oral submissions, to what he referred to as “illegal activities” by the groups, in particular, the Lake Trust. He said that it was “them [that] should be prosecuted,” not him.

The threat to kill and intimidation

[5] The alleged threat to kill and intimidation occurred on 17 May 2018 at the District Court in Levin. The Māori Land Court on that day had heard an injunction application brought by Ms Vivienne Taueki (Mr Taueki’s sister) against Horizons. There were three groups of people at the Court: the Taueki group, the Horizons group, and the Lake Trust group. The Court that day found in favour of Horizons.

[6] After the hearing, Dr Jonathan Procter (the recipient of the alleged threat to kill) and Mr Matthew Sword (of Lake Trust) encountered Mr Taueki and Mr Heremaia (of the Taueki group) at a court elevator.5 Mr Taueki then is alleged to have yelled abuse at Dr Procter, including saying to him “you’re dead man, dead man walking”. Dr Procter’s evidence was that such comments had been common over the years. Dr Procter also alleged that…

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

Case: [2020] NZHC 2526
Decision Date: 25 September 2020

CaseChat Overview and Summary

The appellant, Philip Dean Taueki, appeals his convictions of threatening to kill and intimidation under ss 306 and 21(1)(a) of the Crimes Act 1961 and the Summary Offences Act 1981, respectively. The convictions were handed down by a Judge alone in the District Court. The appeal was heard in the High Court at Palmerston North. The appeal is dismissed. The Judge alone in the District Court was satisfied, based on the evidence, that Mr Taueki uttered threats to kill Dr Jonathan Procter and intimidate Mr Logan Brown. The evidence showed that Mr Taueki was angry and agitated, and that the threats were said in the context of a history of distrust and animosity between the parties. The Judge alone in the High Court found that the appeal did not disclose any error or irregularity which could amount to a miscarriage of justice. The appeal was dismissed.

Orders