Underhill v Police

[2013] NZHC 920

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2013-404-0085 [2013] NZHC 920

BETWEEN  LARELLE PITA UNDERHILL Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         29 April 2013

Appearances: Appellant in person

W N Fotherby for Respondent

Judgment:      30 April 2013

JUDGMENT OF PETERS J

This judgment was delivered by Justice Peters on 30 April 2013 at 3 pm pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date: ...................................

Solicitors:

Meredith Connell, Crown Solicitor, Auckland:  [email protected]

Copy for:

L P Underhill, 18 Hunua Road, Papatoetoe

UNDERHILL V POLICE HC AK CRI-2013-404-0085 [30 April 2013]

[1]      On 6 March 2013, and following a defended hearing, the Appellant was convicted in the District Court at Manukau of driving with excess breath alcohol, an offence pursuant to s 56(1) Land Transport Act 1998 (“Act”).[1]

[1] Police v Underhill DC Manukau CRI-2012-092-10891, 6 March 2013.

[2]      The Appellant was sentenced to pay a $700 fine and disqualified from driving for six months.

[3]      The Appellant appeals against both conviction and sentence.

[4]      The gist of the Appellant’s submissions is that, for reasons to do with Maori sovereignty, he is not subject to the provisions of the Act nor to the jurisdiction of the District Court.

[5]      As  Crown  counsel  submitted,  the  Court  of  Appeal  has  addressed  and dismissed similar submissions on many occasions.  Phillips v R and R v Toia[2]  are

two such decisions.

[2] Phillips v R [2011] NZCA 225; and R v Toia [2007] NZCA 331.

[6]      I am satisfied there is no merit in this appeal and dismiss it accordingly.

..................................................................

M Peters J