Invective over dogs gets fine, conviction

Queenstown Courthouse. Photo supplied
Queenstown District Court. Photo: supplied
A Queenstown man hurled a tirade of abuse at a woman last year after he became enraged she was walking dogs off-lead in a wildlife reserve.

At a judge-alone trial before Judge Duncan Harvey in the Queenstown District Court yesterday, Paul Jason Hartley, 47, said he did not intend to scare Imogen Grice, but was "just trying to expose her".

Ms Grice told the court at the time she had a dog-walking business and had about four dogs with her at the Tucker Beach Wildlife Reserve on September 18.

The Tucker Beach Wildlife Trust has been working in that area to restore the nesting and foraging habitats of threatened and at-risk migratory birds since 2017.

While a sign at the entrance to the reserve states dogs must be on-lead, Ms Grice told the court she regularly spoke to a member of the trust who advised dogs could go off-lead in the area, provided they were under verbal control, and away from nesting sites.

The dogs that day were off-lead and she said that while walking, she noticed a vehicle driving towards her at speed, and gestured to the driver — later identified as Hartley — to slow down.

He then wound the window down and "started yelling" at her, advising the dogs should be on leads because it was a "f...ing bird reserve".

She said she was "taken aback" and informed him she had spoken to a member of the trust who had told her it was all right.

Hartley got out of the vehicle, after which Ms Grice heard a woman — later identified as Hartley’s partner — say "be nice".

Ms Grice said she asked Hartley why he was driving in the reserve and kept walking.

He positioned his cellphone close to her face, informed her he was filming her and would be posting it on TikTok.

She alleged he called her a "white, racist c..." and told her "you stole the land".

He also informed her there was "a war coming", that she was "going to die" and "you deserve to die".

"I shut my mouth and kept walking," she told the court.

She said he followed her for a short time before returning to his vehicle, which she took a photo of.

Ms Grice told the judge she was "absolutely terrified" during the exchange.

She later made a complaint to police.

Sergeant Sam Oram, of Queenstown, said Hartley was subsequently arrested on September 27, but refused to provide the passcode to his phone so police could view the video he had taken of Ms Grice.

Sgt Oram told the court Hartley was warned he was committing an offence, but he "persisted in his refusal".

When Judge Harvey asked Hartley why he got so volatile, the defendant said it was because he lived on a Ngāi Tahu site in the reserve and was angry the dogs were putting native birds at risk.

"Our area is away from that nesting area, but our dogs have to be on leads, too."

While Judge Harvey agreed dogs should have to be on leads, he told the defendant there were other ways of dealing with that issue, stating his behaviour that day was "wrong", and noted he was "quite a scary individual".

"You’re tall, you’re big, you’ve got a facial tattoo, and [when] you go up close and start swearing and yelling at [people], you’re going to scare them.

"It’s time to grow up ... as your partner said, be nice."

A charge of intimidation was amended to one of using offensive language, for which Hartley was convicted, fined $200 and ordered to pay $143 court costs.

For obstructing police, he was convicted and discharged.

tracey.roxburgh@odt.co.nz

 

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