Iti feels 'vindicated' by successful appeal

Tuhoe activist Tame Iti was planning a celebratory cup of coffee after a Court of Appeal decision overturning firearms convictions.

He got news of the decision via a cellphone message while supporting a client at the Whakatane District Court yesterday.

The 54-year-old was charged after firing a shotgun during a welcome for Waitangi Tribunal members to hear historical grievances at a Tauaarau marae in Ruatoki, in the Eastern Bay of Plenty, in January 2005.

One shot shredded a New Zealand flag.

Iti was found guilty of two charges of unlawful possession of a firearm in a public place and was fined $300.

He appealed the convictions on the grounds Crown law did not stretch to the ceremonial area of a marae's wharenui.

Releasing their decision yesterday, the Appeal Court judges said they had two issues to consider - whether the marae area was a public place and whether Iti had the gun "without lawful purpose".

Mr Iti told the Daily Post he felt vindicated and described the decision as "good and justified".

"The entire court case was a waste of time, especially for the local police, and taxpayers' money - especially when it was obvious the charge stemmed from some politician making some comment from a long way away.

"I have argued all along the marae area is not a public place.

"It belongs to hapu, whanau and iwi and is not for any Joe Blow to be part of."

Whakatane Senior Sergeant Bruce Jenkins, who brought the charges against Mr Iti had not heard of the decision when contacted yesterday but said he accepted it and would be guided by it.

"It was a leading case in that the issue had been uncontested in court before."

Mr Iti said Maori had a right to continue with marae protocols and customs that had been in place for centuries.

Last year the Whakatane Safer Communities Council declined an offer by Mr Iti last year to join its ranks, saying the firearms convictions made him ineligible.

At the time Mr Iti said it was "their loss", a stance he maintained yesterday.