Mihaka loses appeal over 'arsehole' term

Dun Mihaka. File photo / Northern Advocate

Veteran Maori protester Te Ringa Mangu Nathan (Dun) Mihaka has lost his appeal against a sentence of 28 days imprisonment for calling a judge an "arsehole".

The original sentence was imposed by Judge John McDonald in Kaikohe District Court in February and has now been upheld by Justice Rodney Hansen in the High Court at Whangarei.

Justice Hansen said the 28 days was "severe" but not excessive.

"What occurred was a flagrant and provocative challenge to the authority of the court," Justice Hansen said.

It occurred in a busy court with members of the public present.

"The judge was clearly and justifiably concerned to deliver an emphatic message that such disruptive conduct could not and would not be tolerated," Justice Hansen said.

Judge McDonald's notes indicated that when Mihaka's case was called, he asked for the case to be heard in te reo, something he was told by the judge was his right.

Judge McDonald said that Mihaka referred to earlier hearings before Judge Keith de Ridder, however he referred to the judge as simply "de Ridder".

Judge McDonald told him that was unacceptable and instructed him to refer to Judge de Ridder as "Judge".

The judge told him if he did not refrain, he would be held in contempt.

However, Mihaka continued and was held in contempt.

At that point, according to Judge McDonald's sentencing notes, Mihaka referred to him as an "arsehole".

"He repeated that a number of times as he was being taken to the cells. From one of the many utterances that Mr Mihaka made, I took that one of the "arsehole" comments was directed [at] Judge de Ridder as well," Judge McDonald said.

After seeing the duty solicitor, Mihaka later apologised to Judge McDonald, but refused to retract the way he had spoken about Judge de Ridder, Justice Hansen said.

Mihaka told Justice Hansen that his name had been misspelled on the court list, so why should he be required to refer to the judge by his correct title.

Judge McDonald said in his sentencing notes that Mihaka deliberately embarked upon a course of conduct "which was to show the people in the back of the court that he was the ringmaster here, not the criminal justice system."

Mihaka admitted to Justice Hansen that he had used the word "arsehole" but said it merely escaped his lips on a single occasion and was not directed at the judge.

Justice Hansen said he had no reason to doubt the accuracy of the judge's account.

He said that Mihaka had left Judge McDonald with little alternative but to find him in contempt.

Justice Hansen said that Judge McDonald was not prepared to treat Mihaka's apology as purging his contempt.

In addition, he was unrepentant about refusing to refer to Judge de Ridder by his proper title.

"Mr Mihaka's conduct was gratuitously insulting and plainly calculated to undermine the authority of the District Court bench," Justice Hansen said.

Mihaka has been involved in a number of campaigns regarding Maori rights, including the successful bid to make Maori an official language of New Zealand. He infamously bared his buttocks at Prince Charles and Princess Diana on their visit in 1983.

- NZPA