The Crown is seeking to overturn a judge's decision to grant the son of the Maori King a discharge without conviction.
Nanaia Mahuta. Photo: RNZ
Korotangi Paki, 19, pleaded guilty in May this year to burglary and drink-driving. In July, he was discharged without conviction at the Auckland District Court.
His lawyer Paul Wicks, QC, argued that a conviction would prevent Mr Paki succeeding his father or becoming a custodian of land for Tainui iwi.
The Crown has filed an appeal against Judge Philippa Cunningham's ruling that the impact of a conviction would outweigh the gravity of Mr Paki's offending.
Mr Paki's aunt, the Labour MP Nanaia Mahuta, would not comment on the specifics of the case while it is before the court but said on Thursday that she was sure Mr Paki regretted his actions.
"There are perceptual issues obviously. The big challenge for Korotangi is to redeem himself in a way where he does not become a re-offender, that he can lead a purposeful life and be a contributing citizen."
A lecturer in Maori law says the outcome of a Crown appeal against the Maori King's son's discharge without conviction will not affect his ability to rule.
Khylee Quince, the Associate Maori dean at the University of Auckland, said the loss of mana will stand in the way of Mr Paki's succession more than a criminal record.
"In Maori terms, the relevant consideration is his reputation, and his reputation is the same in my view, whether or not he has those formal convictions next to his name or not."
She said she expects that Judge Cunningham's decision on the burglary offences will be upheld, but drink-driving is a much more serious offence and a discharge without conviction is rare.
Ms Quince said the outcome of the appeal makes no difference to Mr Paki's ability to rule, because he lost his mana when he carried out the offending.
