The mother of a Haast helicopter pilot killed in a crash last year has been granted leave to continue the fight against his conviction and sentence for the theft of greenstone.
Morgan David Saxton and his father David Anthony Saxton, then aged 30 and 62 respectively, last year received jail
terms of two years six months and two years nine months respectively.
They were also required to pay a South Island iwi reparations of $300,000.
Prosecutors had alleged the pair, both helicopter pilots, stole nearly $900,000 of stone (mostly greenstone) belonging to Ngai Tahu from South Westland's Cascade Plateau between 1997 and 2003.
Both were granted leave to appeal and released on bail.
Morgan Saxton died in November last year when his helicopter went down in Lake Wanaka. Friends said he had been texting at the time but it was not known if this was a factor in the crash.
As he died without a will, Saxton's estate came under the control of his mother. The Court of Appeal today granted her leave to continue the battle, noting the reparation order meant she had a "continuing financial interest" in the outcome.
During a two-month trial in 2007 David Saxton had claimed he was entitled to mine greenstone as it was a family tradition practised by his father and his wife had been a direct descendant of Te Koeti Turanga - kaumatua of South Westland in the 19th century.
His claim of customary rights upset Maori tribes and as part of their sentence the Saxtons were required to write a formal apology to be published in the Ngai Tahu magazine.
The community rallied behind the men who were rescue pilots and were described by defence counsel Colin Withnall QC as having often risked their lives to save others.
In April, 2008, while the pair were in custody, 10 helicopters and a plane towed a banner over Paparua Prison which read "Free The Saxtons Now".
A month later a group of Haast women stripped naked for a calendar shoot to raise funds for them.
- NZPA
