KEY POINTS:
A judge was told he had "committed treason" by failing to bow to a Tauranga couple's request to have the charges against them dismissed or their case heard at their marae.
The challenge was made to Judge Louis Bidois in Tauranga District Court by Quentin Kuromete, trustee and
"native assessor" of Nga Uri Whakatipurunga O Ngarae (Maori Inc) Society.
Mr Kuromete was representing John and Ingrid Godwin, owners and operators of Healing World, who face 43 charges under the Fair Trading Act.
The Godwins are being prosecuted by the Commerce Commission for allegedly making false and/or misleading claims about homeopathic remedies for conditions including herpes, bird flu, and severe acute respiratory syndrome (Sars).
The Commerce Commission alleges the Godwins made false and/or misleading claims on a website, in leaflets and in newspaper advertisements.
The charges also accuse the couple of misrepresenting themselves in terms of their homeopathic and nursing qualifications.
Among the allegations are that the couple advertised for sale an anti-terrorist kit offering protection from anthrax, botulism and smallpox.
The Godwins attended court on Friday with a large contingent of supporters and sat in the public gallery as Mr Kuromete challenged the allegations and the judge's authority to preside over the case.
When questioned, Mr Kuromete said the Godwins were "whanau" of the society, and if the judge was not prepared to dismiss the charges, the matter should be heard at their marae.
Mr Kuromete said that if the judge failed to grant the Godwins' request, he was committing treason by not upholding the law under the Tikanga Maori Act 1993 and the Maori Land Court Act.
Judge Bidois said he was not bound by laws under the Maori Land Court Act, as the case was a district court jurisdictional matter.
Mr Kuromete persisted, stating that under section 12 of the Tikanga Maori Act 1993 the judge could be removed for "misbehaving".
Judge Bidois replied: "I invite you to try and do so. If Mr and Mrs Godwin wish to take steps to try and challenge this court's authority, I will adjourn the matter for a formal hearing."
After lengthy debate, a male supporter in the public gallery urged Mr Kuromete to bow to the judge's authority.
"Humility, brother. Give the power back to the judge," the man said.
The Godwins were remanded by Judge Bidois to appear in court on July 23.
- BAY OF PLENTY TIMES