Judge Davis said the hui had been suggested by the police prosecutor at the defendants' previous appearance, but yesterday's prosecutor, Sergeant Peter Wackrow, said the district prosecutions manager had no interest in taking the option. Nor would diversion be considered.
"If there is no appetite for a hui then all we can do is proceed down the traditional pathway," Judge Davis said.
Ms Sykes told the judge the court had an opportunity to avoid the expense of a trial which she expected to require three weeks. It was not disputed, she added, that the Government did not own the airport land but held it in a constructive trust on behalf of people including the defendants.
"Once we unpick the fundamental issue of who owns the land, the actions my clients took will be defined accordingly," she said.
She had not abandoned hope of entering into discussion with the prosecution, and wanted Ngati Kahu to be involved.
"I encourage everyone to have meaningful discussions, but if we can't make these discussions work then we will have to go down the Criminal Procedures Act path," Judge Davis replied.
Ms Sykes also told the court she intended to defend one of her clients as a test case, if the charges went to trial, and the other defendants would accept the outcome.
Meanwhile Judge Davis thanked the defendants for keeping their promise, made at their previous appearance, not to enter the airport grounds unless they were catching or disembarking from a flight. All agreed to continue abiding by the promise until December 16.
NZME
