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Home / Hawkes Bay Today

Tararua man fined for damaging Maori carving at Te Apiti walkway

By Sue Emeny
Hawkes Bay Today·
12 Sep, 2019 02:59 AM4 mins to read

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Milton Wainwright (inset) was ordered to pay $2000 to Rangitāne o Tāmaki Nui a Rua for the desecration of a carving. Photo / File

Milton Wainwright (inset) was ordered to pay $2000 to Rangitāne o Tāmaki Nui a Rua for the desecration of a carving. Photo / File

Woodville man Milton Wainwright was ordered to pay $2000 to Rangitāne o Tāmaki Nui a Rua for emotional harm for the desecration of a carving when he was sentenced in Palmerston North District Court yesterday.

Wainwright, 78, had denied a charge of intentional damage for chainsawing the phallus off the pou which was at the Woodville end of the Te Apiti walkway on April 17, but he was found guilty by Judge Lance Rowe at a defended hearing on July 22.

Defence counsel Mike Ryan said Wainwright had considered the carving to be indecent.

He had contacted the Department for Conservation, Horizons Regional Council, Tararua District Council and police to complain but no action was taken so Wainwright took matters into his own hands.

Ryan told the court Wainwright regretted his actions and that he had caused harm.

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"Mr Wainwright says he will never take such action again."

Wainwright said the pre-sentence report was very fair and comprehensive but in respect to reparation for the damage he had declined to give money for the carving on a voluntary basis.

Ryan outlined Wainwright's financial situation, which revealed he was a pensioner and had no savings.

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He also told the court Wainwright had spent five years clearing noxious weeds from the walkway and was now volunteering for Horizons and Tararua District Council at Makirikiri Reserve near Dannevirke.

Judge Rowe asked what the value of the carving was but police did not have that information.

In outlining the offending Judge Rowe said at the end of Wainwright's working day on April 16 he began sawing the penis from the carving but because of the quality of the wood and his age he quickly tired.

"He returned the following day with a chainsaw and completed the task, causing irreparable damage to the carving. He then emailed the council and informed them of what he had done, saying in explanation that he was making an indecent thing decent."

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Earlier the case was stood down so Wainwright could read the 10 victim impact statements that had been submitted.

One was from a direct descendant of Rangitāne and compared the action to inflicting similar damage to Michelangelo's statue of David, in Florence.

"The pou humbly stood as a direct link to us and his descendants and reflected the fertility he had bestowed on them and the replenishment of the earth."

A statement from DoC community ranger Abi Wightman said staff had been shaken to learn of the damage.

"It's one thing to not approve of something but it's quite another to destroy it. I love the track and I now express sadness when I visit it."

Judge Rowe described Wainwright's actions as a breach of the trust Rangitāne had in the community in presenting the pou.

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"Your act was premeditated and was deliberate. You understood the harm the offence would cause. In your defence you said you knew it would cause offence to Māori but it wouldn't cause concern to white people."

Judge Rowe said Wainwright took a position of cultural and religious arrogance rather than consulting Rangitāne on what it would mean to them.

"You imposed your moral view on them. Your actions violated the fundamental principle of do unto others."

He said Wainwright lacked remorse, insight and understanding.

The maximum penalty was three months' jail but Judge Rowe said he took into account Wainwright's age, his lack of convictions and his volunteer work.

"You deserve some credit for your blameless life."

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In imposing reparation for emotional harm, Judge Rowe said it was impossible to put a monetary value on the pou, but it was important to provide for the victims in this case.

Judge Rowe said he would allow payment to be spread over two or three years.

"I am also taking into account that you have said you would not do this again and I take it you are a man of your word."

Outside the courtroom Wainwright said he had not known what to expect, but said he was not happy. He believed he was carrying out God's work.

Tararua Mayor Tracey Collis expressed surprise at the amount of the reparation order.

She said the Te Apiti Governance Group had already allocated $10,000 to replace the pou.

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