When he got out of the car, Sutherland said from the kitchen window, “You are trespassing, f*** off”.
Sutherland then picked up a black pump-action shotgun, held it downwards at a 45-degree angle, and racked the slide while staring directly at the neighbour.
As Robson retreated, he heard Sutherland say: “There’s a device in the pipe and I hope it goes off when you’re sitting on the toilet.”
Police charged Sutherland with unlawfully presenting a firearm and, after taking it to a judge-alone trial in late 2025, he was found guilty by Judge Gene Tomlinson.
“I am satisfied that his denials of possession of, at the time in his hands, and actioning the pump of the shotgun was a lie. I am satisfied that he did not tell me the truth about that when he gave his evidence of that denial and he knew he was lying to me,” Judge Tomlinson said in his decision.
Sutherland was convicted, fined $1500, and ordered to forfeit his firearms collection.
Sutherland appealed his conviction to the High Court, which he lost, and then appealed the revocation of his licence to the District Court, which was heard before Judge Philip Rzepecky in February.
Sutherland denied he ever picked up a gun and filed two affidavits in his appeals.
In a recently released reserved decision, Judge Rzepecky noted there was a degree of outrage in his affidavits, which attacked the police officer and Judge Tomlinson.
“But Tomlinson has possibly been directed by others without due process or right of reply. Hearsay from demented neighbours is the most likely explanation … but Tomlinson has a ADHD diagnosis. It seems very odd he should be in a position to hear cases,“ Sutherland said in his affidavit.
It is not the first time Sutherland’s behaviour with guns and police produced evidence from another incident with a neighbour in 2017.
Sutherland was issued with a notice of consideration for revocation of his firearms after his neighbours alleged he presented a rifle at them in an intimidating manner.
Sutherland appealed his conviction and licence revocation. Photo / NZME
Police had also received complaints and reports of concern from other neighbours regarding Sutherland’s use of firearms. The police interviewed Sutherland but decided not to revoke his licence.
Police also submitted to the hearing Sutherland had six speeding infringements and a conviction for driving 132km/h in an 80km/h zone, which suggested a disregard for the law.
They also submitted he held grudges against several neighbours and had described the 2017 complainants as “two effeminate city boys who live across the valley with their poodles”.
Sutherland responded by saying the poodles had caused his cow to jump back and fall down a bank.
Judge Rzpecky agreed with Judge Tomlinson that Sutherland was not a fit and proper person to hold a gun licence.
“Somewhat bizarrely, when I challenged Sutherland about the statement he made about Judge Tomlinson in his second affidavit, he initially denied the content of his affidavit saying that was not what he filed in court.
“This was plainly wrong. It appears that he is prepared to irrationally deny facts that do not suit him. This suggests a degree of instability,” Judge Rzepecky said.
“Sutherland seems to have a genuinely disrespectful attitude towards the police and others in authority, especially where he is called out or challenged about his confronting behaviour, in this case involving a shotgun. His attitude came across as superior and entitled.
“I am satisfied that Sutherland is not a fit and proper person to hold a firearms licence according to the requirements of the act.”
Sutherland’s appeal was dismissed.
Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.