Inside court, security escorted five people out during proceedings, which ran for several hours.
The defendants
William Hines (left, in black hoodie) and Quentin Waho-Marsden (right, in white t-shirt) at the sentencing for the killing of Dean Kahukiwa.
Quentin Waho-Marsden, 27, murder and arson, jailed for a minimum period of 17 years.
The Crown says William Hines recruited Waho-Marsden in retribution for his treatment of Jade Oldridge.
Prosecutor Emma Ferrier told the court it was a brutal, cruel, depraved killing which involved shooting a man in his home a number of times.
She described the events as vigilantism and the fire had been lit to dispose of evidence which linked Waho-Marsden and others to the killing.
The Crown sought a minimum period of imprisonment of 17 years.
Defence lawyer Stephen Winter said the arson of the house wasn’t sophisticated and had bordered on the amateurish.
He suggested there were a number of mitigating factors, including a guilty plea.
The cultural report prepared for his client made for sad reading and outlined his background, which explained how he had ended up in court.
As a result of reading that report, he said Waho-Marsden had thought about his background and had begun attempts at rehabilitation, including enrolling in a course at Hawkes Bay Prison which gave him access to his culture.
In sentencing, Justice Grau said that because of the nature of the offending, a 17-year minimum period of imprisonment applied, unless it was found to be manifestly excessive.
Despite a personal history which included offending from the age of 11 and being uplifted by child services, coupled with his guilty plea, the judge said there was not enough to suggest the minimum period of imprisonment was manifestly unjust.
William Maaky OJ Hines, 49, manslaughter, 6.5 years’ jail.
The Crown says Hines instigated the plan to intimidate and injure the victim in retaliation for the violence that Oldridge had suffered, and arranged to meet Waho-Marsden for that purpose.
Ferrier said while Hines wasn’t present when Kahukiwa was killed, he knew he had a firearm, but didn’t appreciate he would shoot the victim with murderous intent.
The Crown sought a starting point of 13 years’ imprisonment.
Defence lawyer Christopher Stevenson, KC, says Hines was at home on the day of the killing, essentially minding his own business, when his partner, Teresa McKenzie, contacted him, saying his niece was distressed and needed help.
Stevenson explained to the court that the offending reflected a pattern of behaviour and his client’s natural tendencies to protect others, particularly a young and vulnerable female relative.
He also pointed out that Hines had lived a pro-social life, making a demonstrable effort to change since 2014.
In sentencing, Justice Grau said while this wasn’t a gang-related shooting, there were gang undertones.
She noted that Waho-Marsden was much younger than Hines, and it was clear by the way Hines was able to assemble people to help him that he demonstrated his seniority.
She said while Hines denied he was a gang member, he clearly acted as a senior gang member and behaved like a gang boss, rather than a concerned uncle.
She said his actions that day were a warped and dysfunctional response that showed a total disregard for the law.
Teresa McKenzie, 39, being a party to injuring with intent to injure, nine months’ home detention.
Ferrier submitted McKenzie was an intermediary in the text messages between Oldridge and Hines.
Her lawyer, Kevin Preston, said she was Hines’ long-time partner and had grown up in the gang environment, adding she was simply the go-between that day.
Preston said his client was remorseful and had written a letter to the family, which he asked to be passed on.
Justice Grau said she accepted McKenzie had acted as a go-between, noting the outcome was still tragic.
She said McKenzie had told a report writer that she had not intended what unfolded to happen and just wanted to get her niece out of the house, adding she was just at home being a mum.
But Justice Grau told her that what she did bore no relationship to what society would reasonably expect of being a mother.
She gave a small discount for background and remorse, leaving an end sentence of nine months’ home detention.
Danielle Prisk, 39, being a party to arson, four months’ home detention
The Crown says Prisk’s involvement was limited to buying petrol that was used in the arson.
Her lawyer, Phillip Drummond, sought discounts for her background and the 21 months she had spent on curfew.
Justice Grau said Prisk knew there was an unlawful purpose when she bought the petrol, but didn’t know the details.
She gave a small discount for her background, leading to an end sentence of four months’ community detention with a daily curfew.
Jade Oldridge, 30, being a party of injuring with intent to injure.
Oldridge, Kahukiwa’s then partner, has pleaded guilty to being a party of injuring with intent to injure.
Her text messages to her aunt, Teresa McKenzie, set off the tragic events.
She will be sentenced at a later date in the High Court at Wellington.
He was a ratbag, a funny guy
Kahukiwa’s brother, Wayne Tohiariki, who read a victim impact statement on behalf of the family, said the murder had been a rollercoaster for them coming to terms with the loss of a much-loved father, brother, son and uncle.
Kahukiwa came into their family when he was a baby as a result of a family break-up. Tohiariki explained he grew up with Kahukiwa and helped to raise him.
“He was a ratbag, a funny guy and even a s***head at times, but who isn’t, but no one deserves to be taken from the earth in that manner,” he told the court.
Kahukiwa‘s death had affected the family emotionally, mentally, and physically, with some having to undergo counselling, he said.
“We have fallen and broken at the same time.”
He said they had never got to share their last moments with him as they may have if he had been sick, because his life was taken away so suddenly.
After the killing, he and the other members had been fearful, wondering if others were going to come after them.
He had never had a family member murdered before and he wouldn’t wish it on anyone.
“The mess they created I wouldn’t wish on anyone,” he said, describing it as a “s*** show, a nightmare”.
Dean Kahukiwa was 32 when he was killed.
Intention to intimidate and injure the victim
According to the summary of facts, two days before the killing Jade Oldridge was taken to Lower Hutt Hospital, but left before being assessed or receiving treatment.
The couple spent the following day in Lower Hutt visiting family and friends before returning home to Foxton.
The next day, Monday, September 18, they were at home.
The summary says Oldridge is related to the defendants, Teresa McKenzie and William Hines, referring to them as aunty and uncle.
That morning, Oldridge messaged McKenzie saying;
“Aunty cn u tell uncle cme nine nine Please And smash this c***.”
A minute later, Oldridge made a nine-second phone call to McKenzie, followed by a text which said “Cn come mine aunty please”.
At 11.39am McKenzie sent Hines a text message saying, “Can u ring please”.
She then sent a message to Oldridge saying, “I let uncle no now baby”.
Following those messages, McKenzie sent another message to Hines saying: “Jade needs you to go over to her house”.
Hines then called McKenzie for a call that lasted 20 seconds.
Following that call at 11.40am, McKenzie sent Oldridge a text message saying, “He’s coming now my baby”.
McKenzie messaged Oldridge saying, “Hang on my girl he won’t be long”, “Don’t let him know your uncles on his way but don’t tell him he will fucken sort it” followed by “Love you my baby”.
Oldridge replied, “I haven’t told him aunty” and “Love u aunty”.
Less than 10 minutes later, Waho-Marsden and Hines spoke by phone, arranging to meet at Reeve St to intimidate and injure Kahukiwa for the beating he had inflicted on Oldridge.
According to the summary, Hines arrived at Reeve St shortly after midday, while Waho-Marsden arrived at 12.20pm accompanied by another man. They approached the house together and Kahukiwa answered the door wearing only a towel.
While Hines remained outside, Waho-Marsden walked inside armed with a gun and shot Kahukiwa five times with a .22 calibre firearm. One round pierced his heart.
Just over a week later, Waho-Marsden texted Prisk and arranged for her to buy petrol. The court heard he made arrangements to set the house alight and recruited others to do that.
A subsequent scene examination found that accelerant had been poured throughout the house before it was set alight. Despite extensive damage to much of the interior, Kahukiwa’s body was found in a bedroom that wasn’t fire-damaged.
Justice Grau finished the sentencing by thanking whānau for the way they had conducted themselves.
They had respected the tikanga of the court and shown their mana, for which she thanked them very much.
Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist for 20 years, including at the Waikato Times and RNZ. Most recently she was working as a media adviser at the Ministry of Justice.