In July, Korotangi Paki, 19, was discharged without conviction on charges of burglary, theft and drink driving by Judge Philippa Cunningham at Auckland District Court after his lawyer Paul Wicks, QC, successfully argued a conviction would ruin his chances of becoming king.
But today in the High Court at Auckland, Crown prosecutor Mathew Downs said that was not the case and Judge Cunningham had "misconstrued" affidavits at sentencing.
"Appointment to the Maori throne is by custom rather than law," he said.
"The respondent finds himself in an awkward position, not because of the conviction but because of the wrongdoing and an acknowledgment of the wrongdoing."
In its appeal, the Crown highlighted four errors of law made by Judge Cunningham, which were accepted by Mr Wicks.
Mr Downs said the District Court judge did not place sufficient weight on the fact Paki's dishonesty offending came after the drink driving - when he was caught more than five times over the youth limit.
He also submitted affidavits were misread and the "totality" of the offending was not properly explored.
Paki was disqualified from holding a driver's licence for eight months but escaped a black mark in his record on the condition he completed alcohol counselling.
Mr Wicks said that had been completed and a report was two weeks away from being completed.
He accepted a conviction would not stop his client becoming king but would make it "highly unlikely" the chiefs of tribes would approve his succession.
Paki's friends - Te Ahorangi Totorewa, 20, Hamuera Wipoha Pugh, 19, and Raa Ngaru Smith, 18 - were all discharged without conviction in Gisborne District Court over the March burglary and theft incident.
Mr Wicks said his client's position - with the extra drink-driving charge - was not different enough to warrant a conviction.
The four stole surfboards from a Top Ten Holiday Park and clothes from a man's car after a drinking session in March.
Justice Mark Woolford reserved his decision.
By Rob Kidd of NZME. News Service
