Tame Iti's gun a symbol for totara, court told

Tame Iti

Tuhoe activist Tame Iti has admitted possessing a gun at a powhiri attended by Waitangi Tribunal members but rejects allegations that he used it unlawfully.

Iti, 55, is accused of brandishing and firing the gun, including shooting at a New Zealand flag, during a powhiri in Ruatoki in January last year.

The powhiri, for members of the Waitangi Tribunal visiting the area to hear Tuhoe claims, involved a re-enactment by the tribe of the "scorched earth" confiscation of its lands in the 1860s.

Iti's trial began at the Rotorua District Court yesterday, where he pleaded not guilty to two charges of unlawfully possessing and discharging a firearm in a public place.

The first charge relates to an allegation that he fired a shotgun on Reid's Rd at Ruatoki while leading a procession to Tauraarau Marae.

The second incident allegedly occurred at the marae.

Iti rejected a Crown argument that he did not have a lawful purpose because he had no firearms licence and had allegedly fired the gun in public places.

Iti, who gave evidence in Maori, said through a translator the powhiri was carefully planned and designed as a welcome for the tribunal guests.

"We established we would lead, host, guide people into the area beginning at the confiscation line [on Reid's Rd] through to the marae," he said.

But the Crown, represented by represented by Greg Hollister-Jones and Larry Meredith, said Iti brandished and discharged the gun in a "highly emotional display" where members of the public were present.

They said the burden of establishing lawful purpose for Iti's actions lay with him and also argued that the road and marae were public places.

Mr Hollister-Jones said the Arms Act 1983 applied to everyone in New Zealand, whether or not they had a background of customary usage.

But Irene Williams, a Tuhoe member who was called as a Crown witness and who helped organise the powhiri, said the gun's purpose was similar to a traditional object used by Tuhoe that was made out of totara trees.

Ms Williams said the trees were dug out and banged to alert other iwi that Tuhoe was in the area, or to warn tribe members of encroaching enemies.

"They struck those trees and those trees made a bellowing sound, not much different from what you hear when you hear a shotgun sound."

The Crown called five witnesses, including two television cameramen who filmed the alleged incidents.

Herewini Waikato, whose footage was used for a TVNZ One News story, said he could not remember seeing other people involved in the re-enactment carrying guns, but Michael Johnathan, for Maori TV, said he saw 30 or 40 others with firearms.

Richard Temm, the community constable at the time, said he saw Iti carrying the gun and fire two or three shots on Reid's Rd.

"At the time he fired the shots, he was pointing his firearm ... away from the public," Mr Temm said.

Senior Sergeant Bruce Jenkins of Whakatane said he tried to interview Iti after he was arrested but Iti did not want to answer questions.

When asked if he had any explanation for shooting the flag, he said, "A New Zealand flag made in Taiwan."

Iti, who is represented by Annette Sykes and Jason Pou, has elected to have his trial heard by a judge rather than a jury.

Judge Chris McGuire is hearing the case.