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Netherby man challenges judge

Netherby man challenges judge


Questioning a judge’s jurisdiction and claiming the law didn’t apply to him did not help an Ashburton man avoid traffic fines.
Nathan Albert Baker, 30, of Netherby, elected to represent himself in the Ashburton District Court on Monday on traffic infringements for driving a car with no warrant of fitness, and not wearing a seatbelt on September 10, 2022.
Judge Quentin Hix said Baker had pleaded not guilty on January 30, before a different judge.
Baker asked to be called by his first name and demanded the proof of Judge Hix’s jurisdiction.
“You are raising a standard issue that is raised relatively regularly across the country. The main thing we have to do is to continue on the case,” Judge Hix replied.
When Baker insisted he was innocent (as opposed to not guilty) Judge Hix said Baker was innocent until proven otherwise and proceeded with the case.
After hearing evidence from the senior constable who stopped Baker in Allenton last year, and the cross examination by Baker, Judge Hix found the infringements proven.
He imposed a total fine of $750 plus two amounts of $130 for court costs.
On the question of jurisdiction, Judge Hix said the justice system would come to a “screeching halt” if every judge had to turn up with the oath that had been signed.
“I understand the argument raised, I am satisfied I do have jurisdiction.
"The appropriate documentation is framed in my office in Christchurch.”
Judge Hix said he had encountered people putting forward similar arguments in the Christchurch and Rotorua district courts.
Judge Hix also dismissed Baker’s argument that the Land Transport Act did not apply to any natural person.
“Otherwise we would have anarchy,” the judge said.
Baker had earlier argued that because businesses and companies were recognised as people for legal purposes, that meant the law could not apply to actual humans.
After the judge upheld the infringements, Baker said: “I don’t accept your ruling. You have to prove your jurisdiction.”

  • By Sharon Davis