
For two weeks, a family of four sat along a bench normally reserved for lawyers, defending their use of unconsented dwellings and buildings on their rural block of land. In the process, the court got a glimpse into their unconventional way of life and why 鈥渢he Reids鈥 believe they should be able to do what they want with their own land.
In rural Katikati, just outside Tauranga, sits a sprawling property scattered with sheds, houses, kids鈥 climbing frames and trampolines, a half-built American-style barn and a non-operational timber mill.
It is home to 鈥渢he Reids鈥 and at least two other families, and is an 鈥渋ntentional living鈥 community, where children are homeschooled and people visit to practise their shared Vedic faith.
And for two weeks, the ramshackle property was at the centre of a highly unusual trial. It was only the second district council prosecution of its kind in the Western Bay of Plenty in the past five years, and the only one to go to trial.
Jurors were provided with stacks of booklets that didn鈥檛 show the sort of crime scene they might have expected when they answered their summons.
No drugs, no violence, no forensics.
Instead, the booklets showed what one might describe as a commune, made up of at least 16 buildings that were, for the most part, unconsented.
The Reids had not only elected trial-by-jury, but chose to represent themselves instead of instructing lawyers.
The Reid family, Jason (left), Dhruva, Bianca and Bhadra, spent two weeks defending 25 charges related to unconsented dwellings and buildings on their rural Katikati property. Photo / Hannah Bartlett
Jason and Bhadra, superannuants who were once married but are now estranged, for the most part took a back seat in the defence case.
Their son Dhruva and daughter-in-law Bianca led the charge, grappling with the task of leading evidence and cross-examining Crown witnesses.
Differences of opinion seemed evident when Bianca would be mid-question and Dhruva would whisper suggestions, as she swatted him away.
Some days, the Reids were joined by a 鈥淢cKenzie friend鈥, who wasn鈥檛 allowed to address the judge or jury, but spent his time furiously writing notes. On all days, a picture of a Vedic deity oversaw the proceedings from their desk.
They brought their own filtered water and a waft of essential oils as they entered courtroom three of the Tauranga District Court each day to defend the 25 charges they collectively faced, mostly related to unconsented building work and dwellings, and failures to comply with council abatement notices and notices to fix.
Their position is best summed up in a letter they sent to the Western Bay of Plenty District Council in February 2021, some four years before they found themselves arraigned in the dock.
Signed by all four, it stated they accepted only the authority of God, and explained their family鈥檚 size had 鈥渋ncreased considerably鈥.
鈥淭he need for further building, which we see as our God-given right, has become a necessity.
鈥淎s it affects only ourselves, we consider it inappropriate for others to meddle in the process. It is difficult enough for us to build within our meagre means, and as such, we consider it justified that we proceed accordingly.鈥
Despite the assertions, at the end of two weeks, they were found guilty on most of the charges. The two women were acquitted on some charges related to ongoing building work, but by and large, their case was lost.
鈥業t grew without a plan,鈥 Reid women say
After the verdicts, Bhadra and Bianca Reid agreed to meet with the Herald, with Bianca sharing that her disappointment felt akin to having studied for an exam, only to fail.
Bhadra and Jason struggled to afford the property and wanted their children to be able to 鈥渓ive simply鈥 on the land for as long as they wanted, growing their own food and developing their spiritual lives.
The eventual development of the rural property 鈥済rew without a plan鈥, evolving to suit their children and the other families they took in.
Bhadra鈥檚 view is the Resource Management Act and District Plan are too rigid to allow for such a lifestyle, and the consent process too expensive, but it鈥檚 a lifestyle she maintains is a worthy one.
That being said, if she could turn back the clock, she might have done things differently.
She regrets, for example, blocking her door during a search warrant, yelling 鈥淣arasinghadev!鈥 at officers attempting to enter.
She explains it鈥檚 a word of 鈥減rotection鈥 and comes from her ancient Indian faith, a bit like saying, 鈥淗allelujah鈥.
She wonders how she came to think it was okay to break laws, but recalls a childhood with a mother who battled authorities for the right to homeschool her children, followed by a young adulthood during the 1960s hippy movement.
While none of this caused her to 鈥渃onsciously鈥 break laws, she considers she may have developed a subconscious distrust of authorities.
Bianca鈥檚 upbringing in rule-abiding Germany stands in contrast, but perhaps explains her views on what she sees as a lack of due process by the council.
When asked if the legal battle has been worth it, Bianca reflects the stakes were high and she鈥檚 not sure if the battle is over.
They didn鈥檛 want to just roll over, choosing to test their defence given their lifestyle was on the line, not to mention the homes they allowed families to live in.
鈥淚t wasn鈥檛 just a matter of, 鈥榦h, your deck is 50cm too wide鈥... for us, it would mean a whole change in the way we鈥檝e been putting our roots down, with the council knowing about this for so long,鈥 Bianca said.
鈥淎re we going to just drop it and say to these two families, 鈥榮orry guys, you鈥檝e got to go now and find something鈥? It鈥檚 a tricky one.鈥
Dhruva Reid 鈥榞ave himself a consent鈥
Jason and Bhadra purchased the land in the 1990s.
Up until the wheels of justice began turning, there had been seemingly limited interactions between the council and the Reids.
A council visit in 2011 and letter showed 鈥渋t is apparent that a large number of sheds and dwellings have been or are in the process of being constructed鈥.
Fast-forward to 2018, and the council came back and inspected a 鈥渓arge American-style barn鈥 that was under construction.
The large barn that Dhruva Reid says he issued himself a consent for.
Building inspector Case Verkerk met Dhruva and asked if there was consent for the building.
Dhruva responded to the effect that 鈥渉e鈥檇 issued himself鈥 a consent.
When Dhruva got the chance to cross-examine Verkerk during the trial, he began his questions with, 鈥淩emember me?鈥
The question posed by the clearly memorable Dhruva seemed to amuse Verkerk and the courtroom.
Verkerk recalled their conversation as 鈥渘ot unfriendly鈥 and even Judge Kelvin Reid (no relation) may have smirked when Dhruva repeated a statement he鈥檇 made during the building inspector鈥檚 visit: 鈥淢y parents didn鈥檛 need a consent to make me鈥.
While Dhruva may have, at times, asked seemingly impertinent questions, there appeared no malice in his approach.
Indeed, as the trial progressed, the Reids鈥 dealings with the judge, witnesses, prosecutors and their amicus lawyers were polite; even friendly.
During the trial, prosecutor Ben Smith had a persistent dry cough he couldn鈥檛 quite shake. Dhruva was heard, at the end of a long day, sharing a recipe for a herbal remedy Smith could try.
Can鈥檛 鈥榩ick and choose鈥 over the law, says Crown
The large barn Dhruva 鈥済ave himself a consent鈥 for was referred to as 鈥淏uilding 13鈥 during the trial, and the jury heard the council had said it either needed to come down, or have a certificate of acceptance.
Initially, correspondence signed by Bhadra seemed to suggest they planned to apply for the certificate. However, nothing came of it.
And so, four years after the Reids effectively asked the council to leave them be, they spent two weeks defending their alleged use of more than one dwelling on their rural-zoned land, a building containing what the Crown said was a commercial kitchen, used to operate Dhruva and Bianca鈥檚 festival catering business, and the half-built American barn.
Prosecutor Hannah Speight said, in opening the Crown鈥檚 case, there were clear rules set out in the District Plan and the Resource Management Act.
鈥淲e cannot pick and choose which laws we follow and which we don鈥檛,鈥 she told the jury.
The District Plan allowed for one dwelling as a 鈥減ermitted activity鈥 and the ability to get consent for a second 鈥渕inor dwelling鈥.
An aerial photo showed 16 labelled buildings but not all were the subject of charges. There were also a number of lean-tos and shipping containers.
Only one dwelling had a consent.
This aerial photo shows the sprawling property, with the Crown identifying 16 key buildings, though not all were the subject of charges. Building 9 contained an alleged commercial kitchen, while building 13 was a large American-style barn.
Six buildings were classed as dwellings, meaning they had a bathroom/toilet, a place to sleep and a kitchen or kitchenette. They were the buildings labelled 1, 2, 12, 14, 15 and 16.
Searches, compliance officers and 鈥榚nslavement鈥
In December 2021, compliance officer Mark Keaney turned up at the Reids to investigate a complaint about a relocated building.
Body camera footage captured him speaking to Dhruva at the gate and asking his name.
Dhruva responds that he 鈥済oes by many names鈥 and 鈥渢o which name do you refer?鈥
Keaney: 鈥淛ust your name.鈥
The conversation continued and Jason joined them.
There were references to Keaney trying to 鈥渆nslave鈥 them, with the compliance officer responding to the effect that he was 鈥渘ot trying to enslave anyone鈥, he just wanted to look around.
Jason says they don鈥檛 have a 鈥渃ontract鈥 with the council, and wants Keaney to read the letter they sent nine months earlier (where they questioned the council鈥檚 jurisdiction and asked to be left alone).
Keaney snaps a few photos from near the gate and leaves.
From that interaction, Dhruva was charged with not providing his name to an enforcement officer, and he and Jason were charged with hindering an enforcement officer. Both were found guilty of those charges.
In pre-trial hearings, the Reids argued the compliance officer should have read their letter and done a thorough search of their council file before turning up. Then he would have been on notice that he was likely to find an RMA breach, and would have needed a court-issued search warrant.
But that pre-trial argument was unsuccessful, as was their challenge to what formed substantial evidence in the trial: the 2022 search.
The search footage showed vehicles, building materials, children鈥檚 play equipment and sandpits around modest buildings with front porches, pot plants and long grass licking the exteriors.
The sky was grey and terrain muddy, as Dhruva is seen and heard in the background, talking about a 鈥淲ar Rant鈥.
An officer enters a house and a group of children are playing on the floor, music from the Disney film Encanto playing in the background.
鈥淗i kids,鈥 the compliance officer says as the children cheerfully greet him.
He seems to reposition his body camera to avoid filming the children, as best as he can.
In each dwelling, bathrooms, kitchens and bedrooms are noted.
When the officers get to Bhadra鈥檚 home, the woman stands blocking the door defiantly.
She yells her ancient Indian phrase, which no one in the court except the Reids seemed to recognise:
鈥淣补谤补蝉颈苍驳丑补诲别惫!鈥&苍产蝉辫;
She asks police officer Sergeant Steve Hindmarsh to say it, too.
鈥淚鈥檓 not going to say that,鈥 he replies.
Alleged ongoing building work, and a commercial kitchen
The main facts in dispute seemed to be whether the building work continued on the large barn after notices to fix, and whether a 鈥渉iggledy-piggledy鈥 storage area, as the Reids claimed, was a commercial kitchen in a large building.
The "commercial kitchen" the Reids claimed was predominantly used for storage, not food preparation.
The Reids said the commercial catering business involved everything being prepared and cooked on-site at festivals, and the only time the storage kitchen was used for cooking was by guests, or for a big shared meal for those on the property.
The next issue was whether building had progressed on the large barn, despite notices to fix, with Jason and Dhruva telling the court they did one big working bee after a council officer visited, then stopped.
The Western Bay of Plenty District Council says its main concern with unconsented dwellings is quality and safety.
It seems the jury didn鈥檛 buy the defence on either matter, undoubtedly a personal blow for the Reids.
When the prosecutor cross-examined them and suggested they had used the kitchen for commercial food preparation, and had kept building the barn, and were now lying about it, they objected, appealing to the judge to intervene.
However, not only was the prosecutor entitled to suggest they were lying, he was required to in order to put the Crown case fairly and squarely.
Bhadra said afterwards that she鈥檇 felt 鈥渋nsulted and hurt鈥 by the accusation.
鈥楲imitation鈥, 鈥榮overeign citizen arguments鈥, irrelevant defences
The essence of what the Reids wanted to argue was the council knew what was going on at the property since at least 2011, and turned a blind eye, meaning the charges were outside the one-year limitation period.
However, they were given a chance to argue the 鈥渓imitation argument鈥 at pre-trial hearings, given it was a legal issue; it didn鈥檛 go in their favour and they weren鈥檛 allowed to offer it as a defence to the jury.
Yet it continued to crop up. When their questions of witnesses seemed to stray into this territory, the judge would send the jury out of the courtroom.
It isn鈥檛 uncommon to have discussions 鈥渋n chambers鈥 鈥 it鈥檚 a chance for the lawyers to wrestle over legal issues, such as what evidence is admissible, or trial procedure, without the jury present.
While chambers matters can鈥檛 be reported on, broadly speaking in this case they involved Judge Reid, the prosecutors, and two amicus lawyers, attempting to help the Reids stick to what was relevant.
At times it felt like all were working together to help the Reids put their best foot forward in terms of any legitimate defence; all expressed a desire to ensure the trial was fair, making allowances for the Reids鈥 lack of knowledge about legal concepts and trial procedure. Simple things like needing to stand when being addressed by the judge, or fundamental evidence issues, such as when something is considered hearsay.
It quickly became apparent how much time is saved in jury trials when all counsel speak the same language and get down to the nitty-gritty.
The Reids didn鈥檛 always seem sure what the nitty-gritty of the trial was.
There was an undercurrent of what the judge referred to as 鈥渟overeign citizen-type鈥 arguments.
Dhruva鈥檚 questions were peppered with references to 鈥渃ontract鈥, 鈥渇iduciary duty鈥, 鈥渟tatute law鈥, 鈥渨et ink signatures鈥 and 鈥淐rown agents鈥.
When cross-examined, he wouldn鈥檛 accept the property鈥檚 address or zoning, arguing something to the effect of its address being legally located in an office Wellington, and said his 鈥渓egal person鈥 was registered to the address.
These arguments were foreshadowed before the trial started.
A decision by Justice Andrew Becroft refers to the Reids filing 鈥渧oluminous documentation鈥 purporting to be 鈥渁n application for judicial review of the decision [by Judge Kirkpatrick] not to dismiss the charges鈥.
He called the application, made in the weeks before trial, an 鈥渁buse of process鈥 and said its sovereign citizen-type arguments characteristic of 鈥減seudo-law鈥 were 鈥渓egally incomprehensible鈥.
While the Reids said their submissions could 鈥渘o longer be vainly dismissed as non-sensical gibberish鈥 and needed to be taken seriously, the judge countered that, 鈥淲ith the very greatest of respect to the applicants... their own use of the word 鈥榞ibberish鈥 is an appropriate a description of what they have filed as any鈥.
Yet when speaking to Bianca and Bhadra Reid after the trial, they don鈥檛 describe themselves as 鈥渟overeign citizens鈥.
They pay their rates and parking tickets, though accept they tested what could be termed 鈥渟overeign citizen-type arguments鈥 early on, navigating the justice system as laypeople.
For the two women, at least, the decision not to get a lawyer seems to be a financial one. It鈥檚 unclear whether Dhruva and Jason, who didn鈥檛 want to be interviewed, had other reasons for self-representing.
While Dhruva used 鈥渟overeign citizen鈥 rhetoric in trial, Bianca and Bhadra鈥檚 main concerns centred on the council鈥檚 procedure.
Despite this, Bianca鈥檚 advice to those faced with non-compliance is to speak with the council.
鈥淗ope that they鈥檒l be reasonable, and help you,鈥 she says.
While Dhruva didn鈥檛 want to be interviewed, he did send a message.
鈥淥ur family had adopted and identify with a very ancient culture based on love and respect,鈥 he wrote.
鈥淎s love and affection are the ultimate controlling forces and the highest aspirations for a prosperous society, we feel it substandard to inflict harm in an area that no harm is inflicted.鈥
A rare prosecution, says council
A statement from Western Bay of Plenty District Council general manager regulatory services Alison Curtis said people generally understood the need for consents and just a 鈥渟mall minority鈥 went ahead without them.
The council鈥檚 main concern with unconsented dwellings was quality and safety, and the risk people could be living in substandard or unsafe homes.
鈥淢ost people do the right thing, and it can be frustrating for them to see others ignoring the rules,鈥 she said.
More dwellings also put more pressure on infrastructure.
She confirmed that the Reid prosecution was the second of its kind by the council in the past five years and said it aimed to work with people, providing advice and steps to comply, 鈥渨hich is why these matters rarely go to court鈥.
However, she wouldn鈥檛 comment specifically about the case or what happens next.
So what now for the Reid family? Will they have to remove the buildings? Will they face a fine?
It鈥檚 anyone鈥檚 guess.
A sentencing date of July 23 has been scheduled. The options available to the judge for charges of this nature range from a fine, to imprisonment 鈥 unless the Reids apply, and are successful, in getting discharges without convictions.
Separate to the sentencing, there鈥檚 the question of whether the council seeks enforcement orders, and again there鈥檚 a range in terms of what they might be. They could include orders to tear down buildings, or remove things such as bathrooms and kitchens.
For now, it鈥檚 understood the Reids, and their supporters, are preparing documentation for the prosecution and the judge as to what they think a fair outcome could be.
Hannah Bartlett is a Tauranga-based Open Justice reporter at 九一星空无限. She previously covered court and local government for the Nelson Mail, and before that was a radio reporter at 九一星空无限talk ZB.
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