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Man of Convictions Isbn : 978-0-473-40314-0 (Pdf) MAN OF CONVICTIONS ISBN : 978-0-473-40314-0 (PDF) by ANNE HUNT MAN OF CONVICTIONS Taueki – a man, his tribe and their lake. www.annehunt.co.nz Man of Convictions : First published : 2017 Published by Potangotango Foundation. PO Box 664, Levin 5540 ISBN : 978-0-473-40314-0 (PDF) ISBN : 978-0-473-40315-7 (iBook) ISBN : 978-0-473-40313-3 (Epub) ii Anne Hunt has written and published the following books : The Foxton Murder A murder conviction and acquittal on retrial The Lost Years New Zealand’s largest institution for the intellectually-handicapped Broken Silence Sexual abuse case appealed to the Privy Council Copyright©Anne Hunt 2017 Readers are welcome to download & print the book and material for personal use only. All rights reserved, including publishing, printing, library, documentary, film, theatrical production, digital and broadcasting rights. This publication in its entirety or in part may not be reproduced, stored in any retrieval system or transmitted, for or by any means, electronic, mechanical, photocopying, recording or otherwise for commercial or finan- cial gain without the prior permission of the author in writing. www.annehunt.co.nz for full disclosure of the copyright©Anne Hunt 2017. iii disclaimer “What may be written about is both innocence and guilt, or for that matter the ‘unproven’ cases in our courts. This may well be uncomfortable for one party or another, but it is part of the process of open justice and even wider considerations of freedom of expression.” Justice Sir Grant Hammond ; Anne Hunt v A CA 114/06 (2007) NZCA 332. Much of the material for this book is sourced from court judgements, transcripts, affida- vits and legal submissions that Philip Dean Taueki has lawfully made available to the author. Important : The name of Philip Taueki’s legal aid lawyer is not divulged in this book. Video footage, photographs and audio tapes recording numerous incidents have been retained to establish the veracity of various incidents described in this book. Reasonable steps have been taken to establish the accuracy of the spelling of names, the location of heritage sites and all other information contained in this book. Considerable attention has been taken to establish the authenticity of the pre-Treaty ac- count but this will always remain the stuff of legends and has been treated as such. The author makes no apology for writing this book from the perspective of the Taueki family. Phil Taueki bears no grudge against those who fought valiantly for causes they thought to be just, including the warriors of Ngati Toa. Major Kemp also tried to redeem himself prior to his death in 1878. Photographs in the evidential section of the website are the best reproductions possi- ble, given that some are taken from CCTV footage and others are based on photocop- ied material. Finally, the author asks readers to accept the spirit in which this book was written. Any- body who takes umbrage should place themselves in the shoes of Taueki, and realise that this is a story that deserves to be told. If there are to be further battles in the court- room, the author has taken the precaution of relying on legal privilege by reproducing copious extracts from court judgements, transcripts and evidence produced in court. iv acknowledgements Thanks to Phil Taueki for making available his court documents for publication, and being the catalyst for this book. Thanks to Bryan Ten Have for videotaping many of the incidents mentioned in this book, and being such a loyal friend. Thanks to Karl du Fresne of the NZ Listener, Alistair Thompson from Scoop and other media for their coverage. Thanks to the Judges who grasped the issues Phil Taueki raised and also helpful court registrars. Thanks to the lawyers who have represented Phil Taueki : Dr Gerard McCoy QC, Steven Price, Leo Watson, Michael Bott, Steve Winter, Elizabeth Hall, Tony Sinclair, Martin Taylor and Tom Bennion. Thanks to Police Superintendent Wallace Haumaha, Sergeant Wayne Panapa, Inspector Frank Grant and other police officers who took the time to listen. Thanks to the Kaitiaki Wars crew : Martin Cleave, Mark Ihaia, Joe Whitehead and Jason Wetizel for their compelling visual portrayal of Phil Taueki’s battles. Thanks to Bill Chisholm, Dr Russel Norman, Dr Mike Joy, Dr Max Gibbs, Mike Smith, Malcolm Hadlum, Nicki Atkinson and Susan Harvey for their environmental advocacy. Also to Greg Kroef from Heron Construction for offering his technical expertise on sediment removal. Thanks to Professor Emeritus Whatarangi Winiata for instigating and leading the joint Muaupoko/ Pareraukawa working party on lake restoration. Thanks to the politicians who acknowledged our concerns ; especially Catherine Delahunty, Pita Paraone, Annette King and the Minister for Maori Development, The Honourable Te Ururoa Flavell. Thanks to Grace Haden for her meticulous private investigation. Thanks to Dr Terry Hearn, Dr Paul Hamer, Jane Luiton and Lou Chase for their comprehensive research commissioned by the Waitangi Tribunal. Thanks to Major Kemp for mapping the Horowhenua Block subdivisions, and GL Adkins for pinpointing sites around Lake Horowhenua. Thanks to Wikipedia, the Ministry of Justice, Te Aro and others for background information on people of interest. Thanks to the National Library for granting permission to reproduce Mr Hoyte’s landscape. And finally thanks to those who helped with the production of this book and web-site. v dedication To Taueki and other brave Mua-Upoko ancestors who stood their ground and fought; thereby preserving their ‘mana whenua’, customary rights for generations to come... vi chapter time line MAN OF CONVICTIONS by ANNE HUNT Introduction Publisher’s notes Acknowledgements Dedication The first words CH 1 Weapons of law notes - historical times to 2007 CH 2 Drawing a line in the sand notes - August 2008 - August 2009 CH 3 Objecting ‘vociferously‘ notes - June - October 2011 CH 4 Miscarriage of justice notes - October 2011 – September 2012 CH 5 Threats to kill notes - September - October 2012 CH 6 Crossing the boundary notes - March 2012 - July 2013 CH 7 The meaningless title notes - March - December 2013 CH 8 Police protocol notes - March - July 2014 CH 9 Weeds in the water notes - February 2012 - January 2014 CH 10 Identity theft on a tribal scale notes - February 2014 - December 2015 CH 11 Hunt for an activist notes - March - August 2014 CH 12 Behind bars notes - April - August 2014 vii chapter time line TAUEKI - a man his tribe and their lake. CH 13 The bull charges notes - October - December 2014 CH 14 The battle of Hastings notes - February - May 2015 CH 15 A perfect oxymoron notes - July 2015 CH 16 Changing of the locks notes - August - October 2015 CH 17 Trespassed from his own place notes - November 2015 - February 2016 CH 18 A large mistake notes - January 2016 CH 19 Tainted investigation notes - January - August 2016 CH 20 Paying the price notes - August 2016 - April 2017 CH 21 Fatally flawed notes - May - June 2016 CH 22 If push comes to shove notes - August 2016 - May 2017 CH 23 Hijacking criminal proceedings notes - January - March 2017 CH 24 Sitting on a log notes - January - May 2017 ......... The final words comments Anne Hunt, quote by Phil Taueki viii first words Quote from Magna Carta : ‘No free man shall be seized or imprisoned or stripped of his rights or possessions or outlawed or exiled or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.’ In the grounds of Parliament stands the statue of a thief. Across the road, the Sheriff prepares a warrant for the arrest of a man caught sitting on a log on his own ancestral lands, feeding the chooks. The date of this warrant for his arrest was Friday, the seventeenth day of March, in the year 2017. And it was signed in the name of the Sheriff, a fine fellow by the name of John Earles. On the meadows of Runnymede alongside the River Thames, that auspicious Monday the fifteenth day of June in the year 1215, another John affixed his Great Seal to a charter. And in this great charter known as Magna Carta, was written in medieval script: No freeman shall be taken or imprisoned or be disseised of his freehold. Half a world away from this field of Runnymede, these words merit repetition in court. No person is safe when the Crown wields the power to strip citizens of their lands, their rights or their liberty. This book is an account of a man of convictions. It is a timely reminder that the enemy of democracy is, as always, complacency. ix Ch1 weapons of law “The best plan would be to set aside a reserve and explain to the Maoris afterwards that their ancestral rights would not be interfered with.” James Cowan In the land of Aotearoa now known as New Zealand, there lived an ariki by the name of Taueki, the renowned paramount chief of a significant iwi known as Mua-Upoko. Their ancestral lands cascaded from the ranges of the Tararuas to the shores of the Tasman sea, and nestled in the midst lay their most-prized taonga, Lake Horowhenua. This lake yielded eels, flounder, freshwater crayfish, mussels and whitebait. Native pigeons flour- ished in the surrounding trees. Marauding tribes who envied their bounty were met with fierce resistance. The people of Mua-Upoko created artificial islands as refuges, where those too frail or too young to fight could shelter while their warriors slept close to an arsenal of weapons. Leading to these islands was a labyrinth of submerged pathways, and thus arose the myth that Mua-Upoko could walk on water.
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