March 13, 2013
Horowhenua guardian fights assault conviction
The Supreme Court has reserved its decision on whether to overturn an assault conviction against a guardian of Lake Horowhenua.
Philip Taueki was found guilty of assaulting two members of the Horowhenua Sailing Club when they attempted to launch a motorboat on what is one of the country's most polluted waterways.
His lawyer Gerard McCoy says as a member of Muaupoko, Mr Taueki is an owner of the lake under the 1956 legislation.
He says lake bylaws don't allow motorboats on the water unless they are rescue craft, so technically the pair was in breach and were therefore trespassing.
Mr McCoy says the lake trustees appointed Mr Taueki as a guardian to enforce the bylaws, so what the police were calling an assault was a justified action.
He says if Māori are unable to defend their own land, the value of ownership has been reduced to an absurdity,
The Crown says lake trustees and iwi do not have "peaceable possession" of the lake, and control is in the hands of a separate domain board.
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