Land dispute between cousins ends up in Dannevirke court trial

A dispute over a plot of land had its sequel in Dannevirke District Court.Photo/File

A dispute between cousins over a plot of land just south of Dannevirke ended in a defended hearing in Dannevirke District Court.

Joseph Smith, 50, faced charges of trespass, burglary and assault with a weapon.

The land at the heart of the dispute is owned by Charles Tamai Nicholson.

Prosecutor Sian Poulton produced evidence as to the ownership of the land.

Nicholson told the court the land had ceased being Maori land and he and his wife bought the section in November 2018.

He told the court that he sometimes stayed on the property as he had been cleaning it up.
He stayed in a caravan on the site.

"I was trying to bring the land back to its original state of enjoyment by clearing it up, mowing the lawns and taking rubbish away."

The prosecutor asked Nicholson if he knew Smith.

"I know him through my father who is his great uncle."

When asked what dealings he had with Smith, Nicholson said he had no relationship with him and that he was not in his circle.

The court was told in January Nicholson had seen Smith, who had come back to Dannevirke for a family funeral, on his property and he subsequently served him with a trespass notice.

When asked Smith's response to being served the trespass notice Nicholson said "he said thank you but this does not mean anything to me".

Five days later Smith arrived at the property while Nicholson was there.

Nicholson was asked what Smith said to him, but he said he couldn't remember. He was then asked if he confronted Smith.

"I asked him what he was doing here and he said he was on his lands. I said it was not his land. I told him to leave eventually."

Nicholson returned to the property on February 5 and saw that Smith was there.
He noticed the lock on the caravan door was broken.

"I wanted to celebrate Waitangi Day on my own land. Joe was there and looked like he had set himself up to be residing there."

Later he said he noticed some items were missing from the tool box he had on the property.

"I told him to leave and that he had been served a trespass notice but he said he was not going to. Prior to be me getting out of my vehicle Smith picked up a wooden staff.

"He walked toward me and was very aggressive. He started swinging the staff at me. I got a photo of him. He was waving the stick at me and swung it in my direction. He hit my hand."

Nicholson said he told Smith he had to leave but when he refused he called police.

Smith left the property shortly before police arrived. Nicholson showed police the broken lock and reported that some items of property were missing.

Senior Police Constable Karen Ivers told the court she was called out on February 6 to a property on State Highway 2.

Nicholson was there and he showed her a photograph of Smith. She later arrested him at a property on Ruahine St.

"Smith said he didn't hit Nicholson, he said he fell over when Smith was chasing him."

Defence counsel Nigel Hewat asked Nicholson if he was aware, rightly or wrongly, that Smith believed he had a right to go on to his property.

Smith said it was Maori land and he believed he was entitled to be there.

Smith told the court he believed Nicholson had been sneaky and that the process to buy the land should have gone through the Maori Land Court.

He told the court he had documents that proved it was Maori Land.

"Who is he to stop me being there. He's not allowed to treat me like that. I've got nothing as I've got brothers and sisters who believe him. He's a selfish man. I'm telling the truth."

Smith admitted one charge of trespass but denied assaulting Nicholson and denied the burglary charge.

Judge Lynch adjourned the hearing and remanded the matter to Palmerston North Court three days later where he convicted Smith on all charges.

He was remanded in custody and will be sentenced on August 26.