Underhill v Police

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

CaseChat Overview and Summary

In the High Court of New Zealand, Auckland Registry, Larelle Pita Underhill, the appellant, has appealed against his conviction and sentence for driving with excess breath alcohol, as well as the six-month disqualification from driving imposed on him by the District Court at Manukau. The respondent, New Zealand Police, was represented by W N Fotherby. The case was heard on 29 April 2013 and judgment was delivered on 30 April 2013.

The appellant's primary contention was that, due to reasons pertaining to Maori sovereignty, he is not subject to the provisions of the Land Transport Act 1998 or the jurisdiction of the District Court. The court found that the appellant's argument was without merit and that the Court of Appeal had previously addressed and dismissed similar submissions on numerous occasions. The Court relied on the decisions of Phillips v R and R v Toia, which held that Maori sovereignty does not exempt individuals from the jurisdiction of the New Zealand courts or the application of domestic legislation.

The High Court judge, Justice Peters, dismissed the appeal and upheld the conviction and sentence imposed by the District Court. The reasoning was that the appellant's argument lacked merit, as it had been previously dismissed by the Court of Appeal. The court found no grounds to interfere with the decision of the District Court, and accordingly, the appeal was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established