Police v Fifita [2019] NZDC 1964 (10 January 2019)

Last Updated: 12 August 2019

EDITORIAL NOTE: CHANGES MADE TO THIS JUDGMENT APPEAR IN [SQUARE BRACKETS]

IN THE DISTRICT COURT AT MANUKAU I TE KŌTI-Ā-ROHE KI MANUKAU

CRI-2019-092-000342

[2019] NZDC 1964

NEW ZEALAND POLICE

Prosecutor v

MEKE FIFITA Defendant

Hearing:	10 January 2019
Appearances:	S Asmundson for the Prosecutor J Northwood for the Defendant
Judgment:	10 January 2019

NOTES OF JUDGE A J JOHNS ON SENTENCING

[1] Mr Fifita, you appear here today facing a charge of breach of the Civil Aviation Act. You have now pleaded guilty to that charge. It carries a maximum penalty of 12 months’ imprisonment or a $10,000 fine.

[2] The summary is that Air New Zealand aircraft have an inflight messaging system where passengers can message other passengers on the aircraft. You are an Australian citizen travelling on an Australian passport. Yesterday, 9 January, you were transiting through New Zealand from Tonga intending to travel to Australia on [flight deleted]. At about 8.07 pm [the flight] began its take off procedures. The aircraft is deemed to be in flight from the time that the doors are closed. After the plane had left the gate you created a messaging account “Igotabomb”. Using this account you sent

NEW ZEALAND POLICE v MEKE FIFITA [2019] NZDC 1964 [10 January 2019]

a message to another seat on the flight. After seeing the message [a passenger] alerted the air crew.

[3] The aircraft stopped take off and alerted air traffic control. The aircraft was held on the taxi way with a safety clearance area while a threat assessment was carried out. You and your carry-on luggage were removed from the plane and screened by an Aviation Security Explosive detector dog. After you were cleared the Aviation Security Explosive detector dog also cleared the area of the plane that you were seated in. The plane was blocking the taxi way of the Auckland International Airport for about one hour.

[4] Due to the time delay caused by your actions your flight was unable to take off in time to meet the curfew imposed by Sydney Airport. This caused the other 152 passengers and six crew to be offloaded and the flight cancelled. When you were spoken to you said you thought it was funny. Reparation is sought from Air New Zealand. Though there is not an exact figure the reality is that it would be in the tens of thousands of dollars.

[5] By way of background you are 19 years of age. You have no previous convictions. You are Australian born but of Tongan descent. Mrs Northwood, who is appearing as duty lawyer today, tells me that you and your mother had travelled to Tonga to see your grandparents. Your mother remained in Tonga and you were returning to Sydney. You now appreciate that what you did which you thought was funny at the time was incredibly serious. You caused huge disruption to the travel of many people at the Auckland International Airport and they amongst others are out of pocket, as I have said, for a significant amount of money.

[6] There is no suggestion that this was other than a stupid thing you did. Mrs Northwood has been in touch with your family to advise them of your situation. You are ready to be deported. You cannot come into New Zealand and the sentencing options for the Court are therefore somewhat limited. I could imprison you but you are 19 years of age with no previous convictions in Australia or here, and under our Sentencing Act that simply would not be the appropriate outcome. A fine is not something we can enforce. After discussing the matter with Mrs Northwood and with

Ms Amundson for the police I suggested that if your family could pay reparation it could be paid today and then you would be free to be deported back to Australia.

[7] I stood the matter down. Mrs Northwood got in touch with your family and they have sent through the sum of $3000 and indicated they could possibly pay another

$1500 but it would be a real stretch for them. The police agree that reparation is the appropriate sentence in this case and agree that $3000 is the appropriate amount in all the circumstances.

[8] There are real consequences for you. It may be that there are a number of airlines that will not let you travel now and you have spent some time in custody. I am sure that you will never ever do anything as stupid as this again. I accept Mrs Northwood’s submission that having talked to you that you are really sorry not only for the situation you found yourself in but also for the fuss you caused at the airport. You were in employment in Australia. You have a job waiting for you.

[9] In the circumstances you are convicted and ordered to pay Air New Zealand the sum of $3000 on or before 5.00 pm today 10 January. I understand Immigration are here arranging the next available flight for you to be returned to Sydney.

Judge AJ Johns

District Court Judge

Date of authentication: 27/03/2019

In an electronic form, authenticated pursuant to Rule 2.2(2)(b) Criminal Procedure Rules 2012.