Taueki v Police

Link copied
Case Copied 13 min read

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI 2016-485-15

CRI 2016-485-16 [2016] NZHC 1775

BETWEEN

PHILLIP DEAN TAUEKI

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing: 21 June 2016

Counsel:

Appellant in Person
E FitzHerbert for Respondent

Judgment:

2 August 2016

JUDGMENT OF SIMON FRANCE J

Introduction

[1]      Mr Taueki was convicted in the District Court of assault using a weapon (his motor vehicle) and assault.  He was sentenced to six months’ home detention.  He appeals both conviction and sentence.1

[2]      The victim was a member of the Horowhenua Rowing Club who had arrived at the club rooms on his bike.  Mr Taueki has long been in dispute with the rowing club over its occupancy of the buildings and the manner in which they use the lake. CCTV evidence shows the victim, on his bike, approached by Mr Taueki in his car. There is a brief discussion before Mr Taueki reverses forcefully and drives forward straight at the victim who leaps out of the way.  A clearly agitated Mr Taueki then

leaves his vehicle and approaches the direction where the victim has leapt to.  CCTV

1      New Zealand  Police  v  Taueki  [2016]  NZDC 1059  (conviction)  and  [2016]  NZDC  7245 (sentence).

footage ends.  The allegation is that Mr Taueki then grabbed the victim around the throat.

[3]      In  order  to  understand  the  complaints  about  the  trial,  it  is  necessary  to understand that Mr Taueki’s connection to Lake Horowhenua, and what status and powers he enjoys in relation to it, have been the subject of much dispute and litigation.  Some of that history is reviewed in a Supreme Court decision considering another incident between Mr Taueki and rowers.  In that proceeding two convictions

for assault were confirmed.2   Mr Taueki was denied a defence of defence of property

(Crimes Act 1961, s 56) because, amongst other reasons, he was held not to be in peaceable  possession  of  the  area  in  front  of  the  clubhouse  where  the  assaults occurred.

[4]      Mr Taueki, who acted for himself in the present proceeding, made it clear he wished  to  introduce  much  of  this  history  into  the  present  trial  by  way  of cross-examination, and perhaps his own evidence.  The District Court confined the matter to the events of the day.  There is no ruling on this, but it seems clear that is what occurred.   The record indicates that the Judge was unaware of the Supreme Court decision when so limiting the case.  However, the Judge had read it prior to delivering verdicts, and considered it was supportive of the limits he had imposed.

[5]      Mr Taueki submits these limits were wrong, and hindered him in his defence. He makes similar complaints about a second thread of his defence, namely what he says  was  an  inadequate  police  investigation.    Mr Taueki  wished  to  explore  the history between him and investigating officers with a view to showing bias.  Part of that bias is said to flow from the refusal of the police to accept decisions that show Mr Taueki has…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Taueki v Police and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2016] NZHC 1775
Decision Date

CaseChat Overview and Summary

Phillip Dean Taueki appeals both his conviction and sentence in the District Court, where he was found guilty of assault using a weapon and assault. The conviction and sentence are appealed to the High Court of New Zealand. The appeal concerns the evidence presented during the trial and the sentence imposed. The victim, a member of the Horowhenua Rowing Club, was assaulted by Mr Taueki in his car, which Mr Taueki drove directly at the victim. CCTV evidence corroborates this claim. Mr Taueki argues that the District Court erred in limiting the scope of the evidence he could present, specifically concerning the history of his dispute with the rowing club. He also argues that the police investigation was inadequate and biased, which may have affected the outcome of the trial.

The High Court found that the exclusion of historical evidence was not a source of an unfair trial, as the evidence was irrelevant to Mr Taueki's explanation of his conduct. Furthermore, the Court found that the poor investigation did not cause a miscarriage of justice. The credibility of the witnesses was also examined, with the Court finding that the witnesses' evidence was reliable and that the CCTV footage clearly showed Mr Taueki driving at the victim in a dangerous manner. The Court also found that the District Court did not err in its conclusion that Mr Taueki grabbed the victim's throat, as it was open to the Judge to find the charge of assault proved.

The Court considered the sentence appeal, acknowledging that assault with a weapon is a serious offence. However, given the absence of actual harm, the Court found that the sentence of 12 months' imprisonment was excessive. Instead, the Court imposed a sentence of five months and two weeks' community detention, considering the public interest in Mr Taueki's work involving Lake Horowhenua and the fact that the victim was not hurt. The sentence is to commence three working days after the release of this judgment.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.