Conviction for obstructing cop overturned due to impact on man’s mana
The owner of a Taupō trucking company who was found guilty of obstructing a police officer had his conviction overturned because of the “significant” impact on his mana.
Green Transport owner and director Joshua Green — also known as Joshua Turner – was found guilty following a judgealone trial in the district court on one charge of obstructing a constable in performing his duty.
Judge Greg Hollister-Jones declined Green’s application to be discharged without conviction, and convicted and fined him $500.
Green appealed to the High Court.
Taking photos of crash ‘completely unsatisfactory’
The February 29 High Court judgment said a Green Transport logging truck was involved in a crash on the Napier/Taupō section of State Highway 5 on August 30, 2022.
Senior Constable Stringfellow was the first police officer at the scene. In the district court, Judge Hollister-Jones found Green “inserted himself” into the crash scene at an early stage.
Green saw the truck — driven by an employee and friend — was overturned. He went looking for the driver and started taking photos of the crash.
The judge found Green taking photos was “directly contrary” to Stringfellow’s directions and the behaviour was “completely unsatisfactory”, especially as paramedics were treating a crash victim.
The judge concluded this made Stringfellow’s job more difficult and “thereby obstructed him”.
Green said he was not there to obstruct anyone and his actions were part of his manaakitanga for his staff, his duty of care as a company director and to have photos for insurance purposes.
The judge concluded Green was not concerned about whether his actions hindered the police — which he did on three occasions that morning — as long as he could do what he felt he needed to.
Green put forward three grounds in his application for discharge without conviction: The impact a conviction would have on holding a firearms licence, on his mana in the community, and difficulties regarding his son’s health.
The judge accepted the “real consequence” of a conviction on Green’s mana and how he perceived himself, but concluded the effect on mana would be “the ordinary consequence of a conviction”.
Judge Hollister-Jones declined Green’s application for a discharge without conviction.
Man had ‘legitimate’ interest in crash
The High Court judgement by Justice Peter Andrew said appeals against conviction following a judge-alone trial must be allowed if the judge had erred in assessing the evidence to such an extent a miscarriage of justice had occurred.
When considering applications for a discharge without conviction, the court should consider all aggravating and mitigating factors, consequences of conviction and whether those consequences were out of proportion to the gravity of the offence.
In his appeal, Green’s claim the judge had erred in finding he obstructed the police officer intentionally was rejected.
The judgment said the critical issue was whether the judge was in error because he found the effect on Green’s mana was “an ordinary consequence” of conviction.
It concluded the gravity of the offending was at the “low end” and Green had “legitimate” personal and professional interest in the crash scene.
There were no aggravating features of the offending but several “significant” mitigating factors, including Green’s “dominant purpose” was not to hinder the police officer.
The findings of the Independent Police Conduct Authority — which dealt with Green’s complaint against the police officer — recorded the senior constable’s acknowledgement he told Green at the scene that his company had a “bad reputation in Taupō”.
The senior constable had confirmed he would not say things like that again, but the appeal court found the comment could partly “explain what Judge HollisterJones described as Green’s loss of self-control”.
The judgement said Green had demonstrated genuine remorse and apologised to the senior constable in a letter and sought to apologise in person.
‘Significant’ impact on mana for ‘great leader’
A submission for Green emphasised the impact of a conviction on Green’s mana as a kaumatua and leader within Ngāti Tū wharetoa.
It said mana conveyed “concepts of power, presence, authority, prestige, reputation, influence and control”.
A cultural report, and other information before the court, noted the company director had been an elected trustee for many Māori land trusts, was the director of the Central North Island Wood Council and held significant whakapapa (lineage) knowledge for his whānau, hapū and iwi.
An affidavit from John Bishara — board chairman of the Tūwharetoa Māori Trust Board and chief executive of the Lake Taupō Forest Trust — described Green as a “great leader in our community”.
The court found Bishara provided “powerful evidence” a conviction would significantly affect Green’s mana, which in Māori society was earned through whakapapa “but mainly for what someone does” including leadership.
The judgement found the consequences of a conviction, particularly the impact on his mana, would be “significant”.
Justice Andrew found Judge Hollister-Jones was in error in concluding the consequences were “the ordinary consequence of conviction”, but noted the High Court had been presented additional evidence.
The appeal was granted and Green was discharged without conviction.