Tio Faulkner appeared in the Tauranga District Court on Wednesday, facing sentencing on six charges relating to the reclamation of Tauranga Harbour. Photo / Ethan Griffiths
Tio Faulkner appeared in the Tauranga District Court on Wednesday, facing sentencing on six charges relating to the reclamation of Tauranga Harbour. Photo / Ethan Griffiths
A man who attempted to reclaim his own private 'park' within Tauranga Harbour has been remanded in custody after having his sentencing pushed back.
Flanked by a large contingent of supporters, Tio Faulkner, who represented himself, appeared before Judge Prudence Steven in the Tauranga District Court today to face sentencing on six charges relating to the unlawful work undertaken at a Matipihi Rd property.
Faulkner was convicted on six charges relating to the reclamation of Tauranga Harbour in November, after dumping nearly 1500 cubic metres of concrete and rebar into the water to extend the seafront property where he was living.
Faulkner also operated a piggery next to the harbour, allowing the faeces from more than 30 pigs to run directly into the water.
The charges, laid by the Bay of Plenty Regional Council, included one count of unlawfully reclaiming the foreshore, one count of unlawfully disturbing the foreshore, and two charges of discharging faecal bacteria into the harbour.
Faulkner was also facing sentencing on two additional charges of contravening an abatement notice and failing to provide information as directed by an enforcement officer.
Faulkner dumped around 1500 cubic metres of material into the harbour in an attempt to extend his property. Photo / Supplied
Faulkner has denied the charges, claiming he had the authority to undertake the work due to his status as tangata whenua, questioning the authority of the Crown over his "ancestral land".
He has also signalled his intent to challenge the conviction in the High Court.
Witnesses who addressed the court during last year's trial stated the extension of the land was so Faulkner could build his own 'park'. It was stated that Faulkner had wanted to develop an area similar to Tauranga's Memorial Park for his whānau's use.
Crown prosecutor Adam Hopkinson submitted that a fine of between $189,000 and $219,000, or a six-month term of imprisonment was appropriate for the offending, while Faulkner himself believed a sentence of community work was better suited.
"Denunciation, accountability, responsibility and above all, deterrence, are the key elements to be considered in this sentence," Hopkinson told the court.
Judge Steven last month indicated it was her intention to fine Faulkner for the offending - somewhere close to the range put forward by the Crown.
But that fine would only be issued if Faulkner had the means to pay as determined by the financial report, otherwise, a prison sentence would be the most likely penalty.
That report was delivered to the court today, finding that Faulkner is currently unemployed, has no income and is living with family. The report concluded it was unlikely Faulkner could service a fine.
However, Faulkner, who is an Australian citizen, claimed he has access to a trust fund worth around $10 million, but did not provide any evidence to back up that claim.
The judge also wanted time for probation officers to investigate the suitability of a community sentence, such as home or community detention.
Judge Steven chose to push back the sentencing date another fortnight until February 17, when it's expected all probationary reports would be completed.
Faulkner was again remanded in custody until his sentencing date. He had previously challenged the decision to remand him in custody by filing a habeas corpus claim that he was being detained illegally.
