18 Jun 2021
Applying ss106 and 107 the court found the offending to be of low overall gravity and the likely direct and indirect consequences of conviction (including potential employment loss) to be low to very low and largely speculative; therefore the consequences would not be out of proportion to the gravity of the offence and discharge without conviction was refused.
10 Feb 2021
The High Court held the District Court judge materially erred by failing to take into account significant mitigating factors which reduced the gravity of the offending; when recalibrated the consequences of conviction (notably substantial impediment to employment and rehabilitation for a young primary caregiver) were out of all proportion to that reduced gravity under s107, and accordingly the discretion under s106 was properly exercised to discharge the appellant without conviction.
12 Feb 2020
The High Court dismissed the appeal, holding the District Court did not err in applying s107: the appellant's conduct undermined the integrity of the kaitiaki permit system and the consequences of conviction were not shown to be out of all proportion to the gravity of the offending; decisions about retention or removal as kaitiaki are for the relevant Māori authorities and not determinative of the s106 assessment.