Alleged trout poachers: 'No jurisdiction'

Two men accused of trout poaching near Lake Rotoiti have refused to recognise the court's jurisdiction.

Thomas Tawha, 41, of Kawerau and David Pake Leef, 35, of Te Teko, appeared in the Rotorua District Court today to face charges laid against them by Fish and Game New Zealand.

Both answered "no jurisdiction" to the charges, forcing Judge Jocelyn Munro to enter deemed not guilty pleas.

Tawha faces six charges - two each of being found without excuse on a private property at SH30 that displayed "no trespassing signage", disturbing the spawning ground of rainbow trout and possession of a net suitable for taking sports fish while in the vicinity of a tributary of Lake Rotoiti where rainbow trout were congregating. The offences were alleged to have occurred on June 25 and July 6.

Leef faces three charges - disturbing the spawning ground of rainbow trout, possession of a net suitable for taking sports fish while in the vicinity of the tributary and taking rainbow fish from the stream with a net, all on July 6. The stream is closed to fishing at all times of the year as it is a known spawning area for trout.

In court today, Judge Munro asked each man in turn whether they wished to see a duty solicitor or apply for legal aid. They answered no.

She also asked if they had received disclosure documents from Fish and Game, which they confirmed.

Leef, who was called first, replied "no jurisdiction" when asked for his plea to each charge. When Judge Munro asked for the reasons for that, Leef referred to a piece of paper in his hand.

He said the land they had been charged in relation to was invested to a Maori incorporation and was "our territorial authority".

"It's within the incorporation, that is the reason for the no jurisdiction plea," he said.

Judge Munro said the issue of jurisdiction had been thoroughly considered by the High Court and Court of Appeal and she was not going to enter into an argument about it.

The judge entered not guilty pleas on all charges and remanded the pair on bail for a case review hearing on September 17.

The maximum penalty on each of the charges, apart from trespass, is two years' imprisonment and/or a $100,000 fine.