A Black Power member has been sentenced to 10 months in prison after hitting his partner and terrorising KFC workers in Taupō after finding a needle in a burger. 

Tarvita Levao appeared in the Taupō District Court in March last year facing charges of assault and unlawful assembly. 

He'd earlier pleaded guilty to hitting his partner in the face while she was driving him and their daughter in September 2020 and to intimidating KFC employees with four other patched Black Power members in July that year. 

According to Judge Maree Mackenzie, Levao and four others went to KFC on Roberts Street and bought food before claiming that a needle had been found in one of the burgers and demanding a refund. 

Levao wasn't wearing his patch but three of the other gang members were and they began filming the restaurant staff and yelling abuse and Black Power slogans. 

The manager was shown the burger with the needle but was unable to reason with the five men to explain that it was unlikely the fault of KFC. 

"I cannot underscore enough how intimidating that particular incident must have been for all of those who were there, faced with five people, abusive and demanding and three of whom were wearing gang patches," Judge Mackenzie said in her sentencing. 

"You may not have been wearing your patch and you may not have ultimately been in the thick of it but you were there, you were part of it, you did not move away and as such, I see no reason to treat you any differently than your co-offenders." 

As the situation escalated a customer at the restaurant called the police and when they arrived the five gang members began hurling abuse at the person who had made the call. 

Customers left the store and police were called, and when they arrived the member of the public who called them was threatened with assault by the gang. 

Judge Mackenzie made it clear that in her view the assault on Levao's partner was the greater of his crimes. 

"She was driving a motor vehicle and she could not get away from you in that situation. 

"It involved you striking her to the face. She was driving the car and of course that has significant implications about road safety because potentially that put her, your child and other people at risk." 

In her sentencing, Judge Mackenzie said Levao did not have an extensive criminal history, but it had ramped up in the past few years. 

"What I will say to you though, Mr Levao, is things are not going to change for you unless you leave the Black Power and that is entirely up to you, but it is leading you down no good path," she said. 

"I cannot make you leave the Black Power, Mr Levao, that is entirely up to you, but you are just going to continue to come back to court if you continue that association and you need to walk the talk if you are really genuine about changing."