By TONY STICKLEY and PAUL YANDALL
An Auckland man has been charged with threatening behaviour for performing one of the nation's most revered cultural acts - the haka.
But the decision to charge 34-year-old Dion Thompson for doing the haka has been criticised as "offensive, bizarre and absurd," by his lawyer, Ron Mansfield, and haka expert Pita Sharples.
The charge was laid after an incident at an Auckland cafe in April.
Thompson objected to cigarette smoke from other diners and had asked a man to stop smoking.
When he continued, Thompson allegedly walked over to another diner and performed a pukana - the part of the haka that involves rolling of the eyes, poking of the tongue, and thrusting of the upper body towards an opponent.
Police said the diners, Chinese tourists unfamiliar with Maori culture, became frightened.
Tina Ramana, 20, who was with Thompson at the time, was charged with assault after allegedly punching one of the diners.
The pair have pleaded not guilty and the case will be heard in March.
Yesterday, Mr Mansfield said the haka incident had been raised at an Auckland District Court hearing, but the police had refused to withdraw the charge.
"I said he [Thompson] would not accept that the haka amounted to disorderly behaviour. It was a breach of his Bill of Rights, freedom of expression ... It is just absurd."
Dr Sharples, the head of Te Whare Tu Taua O Aotearoa (National School of Ancient Maori Weaponry), said the pukana was performed to express support for one's intentions.
"In general it's an endorsement, a good thing. It's really only done to show emphasis."
Dr Sharples said it was bizarre that charges had been laid for what effectively was the pulling of facial expressions. "Unfortunately, the police get caught in the middle of Maori cultural issues. This just goes to show how silly it can get."
Mr Mansfield said he found it offensive that Thompson had been charged. "You don't see the police charge and prosecute the All Blacks for the haka. It would shut down the tourism industry in New Zealand."
The manager of the All Blacks, Andrew Martin, said he did not believe that the most high-profile haka in the country was threatening behaviour.
"This is a traditional thing that's been done since 1905 [by the All Blacks] ... to reflect our cultural heritage."
But former Australian test forward and rugby journalist Peter Fitzsimons said it was frightening to be on the receiving end of a haka.
"The haka is one of the finest sights seen anywhere in the world, but I tell you, it gave me one of the biggest wake-up calls of my life."
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