IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2012-404-376
CRI-2012-404-377
CRI-2012-404-380 [2013] NZHC 97
BETWEEN WAYNNE UNDERHILL
LOUISE SHIRLEY MOKARAKA KANE JOSEPH UNDERHILL Appellants
ANDNEW ZEALAND POLICE Respondent
Hearing: 5 February 2013
Counsel: Appellants in person
AR Longill for Respondent
Judgment: 7 February 2013
JUDGMENT OF RODNEY HANSEN J
This judgment was delivered by me on 7 February 2013 at 2.00 p.m., pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date: ………………………….
Solicitors: Meredith Connell, P O Box 2213, Auckland 1140 for Respondent
(Email: anna.longdill@meredithconnell.co.nz )
Copies to: Waynne Underhill, 18 Hunua Road, Hunua.
Louise Mokaraka, 18 Hunua Road, Hunua.
Kane Underhill, 18 Hunua Road, Hunua.
WAYNNE UNDERHILL V NEW ZEALAND POLICE HC AK CRI-2012-404-376 [7 February 2013]
Introduction
[1] On 19 October 2012, following a defended hearing in the Papakura District Court which took place on 29 May and 19 October 2012, Judge MacAuslan found the appellants guilty of the following charges:
(a) Waynne Underhill
Intentionally obstructing a constable acting in the execution of his duty, contrary to s 23(a) Summary Proceedings Act 1981.
(b) Louise Mokaraka
Resisting a constable acting in the execution of his duty and obstructing a constable acting in the execution of his duty, both contrary to s 23(a) Summary Proceedings Act 1981.
(c) Kane Underhill
Failing to stop for the police, contrary to s 52(1)(c) Land Transport Act 1998 and intentionally obstructing a constable acting in the execution of his duty, contrary to s 23(a) Summary Proceedings Act
1981.
[2] Ms Mokaraka was sentenced to 40 hours community work. Waynne and Kane Underhill were each sentenced to 50 hours community work on the obstruction charges and Kane Underhill was convicted and discharged on the driving charge.
[3] The appellants all appeal against both conviction and sentence. They claim that the hearing was unfair, that the convictions could not be supported by the evidence and that the Court did not, in any event, have jurisdiction to determine the charges as they are not subject to the law.
The evidence
[4] Kane Underhill is the son of Waynne Underhill and Ms Mokaraka. They represented themselves at the hearing in the District Court (and on appeal) with Waynne Underhill taking the lead at both hearings.
[5] The prosecution evidence was given on the first day of the hearing. Sergeant Chris McMillan said that on 4 February 2012 he followed a speeding vehicle driven by Kane Underhill on Dominion Road, Papakura. He activated his blue and red lights and pursued the vehicle. He said he saw the driver look in the rear vision mirror. He followed the vehicle until it pulled into the driveway of a house in
18 Hunua Road. Sergeant McMillan said when he advised Kane Underhill that he was under arrest, he thrashed his arms around. As he was taking him away, Ms Mokaraka came out of the house, swearing loudly, ran up to him and pulled at his arms. He asked other officers who were at the scene to arrest…
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- Case
- [2013] NZHC 97
- Decision Date
CaseChat Overview and Summary
The appeals were dismissed, and the convictions and sentences of the appellants were upheld. The court found that there was a solid foundation for the convictions in the evidence accepted by the Judge and that the appellants' arguments could not succeed. The court found no basis on which it could interfere with the Judge's factual findings. The court also found that the sentences imposed on the appellants were not excessive.
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
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Ratio Decidendi
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