ℂ𝕠𝕟𝕤𝕡𝕚𝕣𝕒𝕔𝕪 𝕥𝕙𝕖𝕠𝕣𝕚𝕤𝕥 𝔹𝕚𝕝𝕝𝕪 𝕋𝕖 𝕂𝕒𝕙𝕚𝕜𝕒 𝕛𝕒𝕚𝕝𝕖𝕕 𝕒𝕗𝕥𝕖𝕣 𝕠𝕣𝕘𝕒𝕟𝕚𝕤𝕚𝕟𝕘 ℂ𝕠𝕧𝕚𝕕-𝟙𝟡 𝕡𝕣𝕠𝕥𝕖𝕤𝕥

ℂ𝕠𝕟𝕤𝕡𝕚𝕣𝕒𝕔𝕪 𝕥𝕙𝕖𝕠𝕣𝕚𝕤𝕥 𝔹𝕚𝕝𝕝𝕪 𝕋𝕖 𝕂𝕒𝕙𝕚𝕜𝕒 𝕁𝕣 𝕙𝕒𝕤 𝕓𝕖𝕖𝕟 𝕛𝕒𝕚𝕝𝕖𝕕 𝕒𝕗𝕥𝕖𝕣 𝕠𝕣𝕘𝕒𝕟𝕚𝕤𝕚𝕟𝕘 𝕒 𝕡𝕣𝕠𝕥𝕖𝕤𝕥 𝕠𝕟 𝕥𝕙𝕖 𝕗𝕚𝕣𝕤𝕥 𝕕𝕒𝕪 𝕠𝕗 𝕥𝕙𝕖 ℂ𝕠𝕧𝕚𝕕-𝟙𝟡 𝕕𝕖𝕝𝕥𝕒 𝕝𝕠𝕔𝕜𝕕𝕠𝕨𝕟 𝕚𝕟 𝟚𝟘𝟚𝟙.

T

e Kahika and Vinny Eastwood, who are also bandmates, were both found guilty of intentionally failing to comply with the Covid-19 Public Health Response Act by organising and attending the protest.

It took place outside the TVNZ building in central Auckland on the first day of the level 4 lockdown on August 18, 2021.

The pair appeared at the Auckland District Court on Thursday where Judge Peter Winter sentenced Te Kahika to four months’ imprisonment, which was met with murmurs of disapproval from his supporters.

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Eastwood was sentenced to three months’ imprisonment.

Supporters in the back of court were heard to say: "No justice here... May God have mercy on your soul."

Before the courtroom opened, Te Kahika addressed about 30 supporters with a karakia and said he was “fighting for everybody’s freedoms and rights”.

Is Advance NZ co-leader Billy Te Kahika Jnr who he says he is, a man of Christian values and integrity?

Judge Winter was satisfied Te Kahika was the orchestrator and organiser of the protest whereas Eastwood’s actions were in a supporting role and he even tried to calm the crowd at one point. 

“[Te Kahika] had the most to gain in notoriety from the breach,” Judge Winter said. 

“I find that he has exhibited no remorse to the offending other than remorse for himself.”

At trial, Te Kahika said he told police about his intention to organise a protest for 200 to 300 people.

He said he wanted police to be present to ensure the safety of protesters, the public and to prevent disorderly behaviour and violence.

But police had advised him against proceeding with the protest as it was illegal and he would be at risk of arrest.

Te Kahika posted live on social media ahead of the protests encouraging others to attend and included a bank account number to contribute to his costs and expenses.

Judge Winter disagreed that the pair took measures to ensure the protest took place safely, with social distancing and mask wearing to prevent the spread of Covid.

“In fact, it would seem, that part of their protest action was to deliberately shun that form of protection as an act of defiance and protest,” he previously said in his decision.

Judge Winter said the defendants were both aware that they would be intentionally failing to comply with the Covid-19 lockdown order.

The legislation was there “for the protection of all New Zealanders” at a time when the re-emergence of the virus posed a “significant threat” to Kiwis.

Prosecutor Catherine Finegan submitted this was an “intentional and egregious” flouting of the rules. 

“They placed themselves, the persons they encouraged to attend and the community at large at risk,” Finegan said.

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She submitted a term of imprisonment was appropriate. 

Te Kahika’s lawyer, Paul Borich KC, submitted there was no evidence of Covid-19 being transmitted at the event, or being a super-spreader event. 

Borich said the police took about an hour to do anything.

Te Kahika was protesting the single most authoritarian interference of the rights of New Zealanders, Borich submitted. 

Nathan Batts submitted the experience of Eastwood’s arrest and the criminal justice system had the fullest deterrent effect.

A night in custody had a traumatic effect, the court heard. 

Both Borich and Batts submitted the pair should be convicted and discharged. 

The court heard Eastwood has since got a job with a broadcaster in Texas which is a blend of comedy and conspiracy.

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