"Tooth Fairy" Claire Wihongi-Matene and lawyer Roslyn Park during sentencing in Kaikohe District Court. Photo: RNZ / Peter de Graaf
A Northland woman known as "the Tooth Fairy" has been fined $7000 and ordered to pay reparations of just over $3000 for working as a dental technician without being qualified.
Claire Wihongi-Matene made and fitted dentures for Work and Income (WINZ) clients and the elderly from her home at Tautoro, south of Kaikohe.
Her service was shut down in 2019, and after a years-long legal process she was sentenced in the Kaikohe District Court on Monday on seven charges laid by the Ministry of Health.
The court heard some customers were never able to use their dentures and one woman had to be saved by her mokopuna after choking while a mould was being made.
However, Wihongi-Matene also enjoyed strong support from the Kaikohe community.
That was evidenced by the group of about 40 people who mounted a vocal protest outside the courthouse, holding placards with messages such as "Claire is not guilty" and "Tautoko Anahera Niho" (Support the Tooth Fairy).
At least a dozen people were refused entry to the courtroom because there wasn't room for everyone who wanted to attend the sentencing, and police stationed extra staff outside in case tempers flared.
Supporters of Claire Wihongi-Matene line the street outside Kaikohe courthouse. Photo: RNZ / Peter de Graaf
The case has again highlighted the lack of dental services in towns such as Kaikohe, which has no dentist and no one capable of making dentures, despite being a service town for a large area with high health needs.
Through an interpreter, kaumātua Tohe Ashby told the court Wihongi-Matene was obliged by tikanga (customs), and the instructions of her elders, to help her community.
If someone asked her to repair their dentures she could not refuse, he said.
"There are two laws inside of us. There is your law, and there is our Māori law."
Community leader Danny Watson said the Ministry of Health had created a void, through the lack of dental services, that the community itself had filled.
"She has provided a service that has changed lives, and that has been stopped by the ministry."
Tooth Fairy supporters Angela Phillips, left, and Leeana Andrews outside court. Photo: RNZ / Peter de Graaf
Watson questioned why officials had not offered to support Wihongi-Matene so she could continue the work she was permitted to do, instead of pursuing a costly court case.
However, an illustration of treatment that went wrong came from Elwyn Jones, husband of the late Kararaina Jones.
He read a victim impact statement detailing how his wife had choked while a mould was being made and was never able to use her ill-fitting dentures.
Instead, her meals had to be put through a food processor and she struggled to eat enough.
"It destroyed and changed her," Jones said.
His wife had to repay a WINZ loan of $1100 for the dentures even though she never used them.
Patients put at risk - prosecutor
Prosecutor Geraldine Kelly called for fines totalling $23,000, saying Wihongi-Matene's offending was deliberate and premeditated.
She had put patients at serious risk and her home set-up was inadequate and unsanitary, Kelly said.
Over almost three years she had received $168,000 from Work and Income for clients' denture work, plus $15,000 from private customers.
"I accept she felt an obligation to her people, but she was also motivated by financial gain," Kelly said.
Defence lawyer Roslyn Park called for a discharge without conviction or, at worst, a conviction with reparation only and no fines, given Wihongi-Matene's financial situation.
"She acted within tikanga, the obligation to help others. Some clients describe the work she did as life-changing."
Judge Deidre Orchard, however, questioned the appeal to tikanga.
"Surely even tikanga must direct that what you do for those who come to you for help must actually help them and not put them at risk," she said.
Judge Orchard said she accepted dental care was difficult for the poor, or even those on modest incomes, to afford.
"I also accept there are clearly a lot of people in the community who feel they have been helped by you, but there are others whose experience was not good."
Judge Orchard imposed a fine of $1000 for each of the seven charges, plus reparations totalling $3050 for three patients and court costs.
The fines would have been higher had it not been for Wihongi-Matene's financial circumstances, she said.
Claire Wihongi-Matene outside Kaikohe District Court with her husband Anaru Matene and two of their children, Takena Te Upoko Whakaputanga Matene (centre) and Hikurangi Wihongi-Matene. Photo: RNZ / Peter de Graaf
Broke but 'wealthy' because of support
Outside court, Wihongi-Matene said she was relieved a stressful time had come to an end.
The experience would not change her determination to help her people, though she was not sure she wanted to continue with dentures.
She was grateful for the outpouring of support from the Kaikohe community.
"On paper I'm really broke - and right now I'm even more broke - but I actually think I'm a really wealthy wahine because of the support and growth over the past five years," Wihongi-Matene said.
"When it first happened and I was first raided, I was really scared, but then my people came and they lifted me up and helped carry me through. I have such gratitude for all the people who have supported me over the past five years."
Wihongi-Matene said she would "absolutely" like to get qualified, if it was possible.
"I'd love to if I could afford it, and if I can make it work with my family."
Now Kaikohe was back to having no denture service and it still had no dentist.
All the town had was a pain clinic which would pull out teeth for people with a Community Services Card, she said.
