The Crown will argue this morning that the son of the Maori King should be convicted for offending earlier this year.
In July, Korotangi Paki, 19, was let off charges of burglary, theft and drink driving by Judge Philippa Cunningham at Auckland District Court after his lawyer Paul Wicks, QC, successfully argued a conviction would ruin his chances of succeeding to the throne.
The Crown will appeal that ruling in the High Court at Auckland this morning before Justice Mark Woolford.
At sentencing, Judge Cunningham said that though the drink-driving charge was moderately serious, the direct and indirect consequences of a conviction were "out of all proportion" to the offence.
He was accordingly granted a discharge without conviction.
Paki was disqualified from holding a driver's licence for eight months and escaped a black mark in his record.
Mr Wicks forwarded submissions from kingitanga experts which said any conviction, regardless of its nature, would bar his client from ever taking the throne from his father King Tuheitia.
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The bad boy who would be king
Paki's friends - Te Ahorangi Totorewa, 20, Hamuera Wipoha Pugh, 19, and Raa Ngaru Smith, 18 - were all discharged without conviction in Gisborne District Court over the March burglary and theft incident.
The four had stolen surfboards from a Top Ten Holiday Park and clothes from a man's car after a drinking session in March.
Paki is not at the High Court for the appeal but two family advisers - including Tainui heavyweight Tukoroirangi Morgan - are in attendance.