New Zealand Police v Tutauha [2017] NZDC 26092

Published 11 July 2018

Judge alone trial — protest to jurisdiction — defendant refuses to enter body of court — failure to stop for red and blue flashing lights — failure to permit a blood specimen to be taken — verdict — Land Transport Act 1988, ss 52, 72 & 114. The defendant appeared on charges laid under the Land Transport Act being that he failed to permit a blood specimen to be taken and failure to stop for flashing red and blue lights. The defendant refused to enter the body of the court as he protested the jurisdiction of the court. The defendant questioned whether the court was acting under the Common Law or Admiralty Marine Law, and chose to leave the courtroom after the court explained that the case would go ahead but that he would not be heard if he refused to enter the body of the court. The case proceeded in the defendant's absence. The court was satisfied on the evidence presented on behalf of the crown that the defendant was guilty of each charge and the proceedings were adjourned for a sentencing date. Judgment Date: 15 November 2017.