Nuku v Police

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IN THE HIGH COURT OF NEW ZEALAND WHANGANUI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGANUI ROHE

CRI-2025-483-34

[2025] NZHC 2865

BETWEEN

NATASHA NUKU

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 29 September 2025

Appearances:

A S C Brosnahan for Appellant A N Kearney for Respondent

Judgment:

30 September 2025


JUDGMENT OF GWYN J

[Sentencing appeal]


Introduction

[1]    Natasha Nuku, the appellant, pleaded guilty to one charge of possession of methamphetamine for supply.1 She was sentenced on that charge to 27 months’ imprisonment on 30 July 2025.2

[2]    Ms Nuku now appeals against her sentence on the ground that it is manifestly excessive. Her counsel, Mr Brosnahan, submits that Judge Andrée Wiltens erred in adopting  an  excessive  starting  point  and  giving  insufficient  consideration  to  Ms Nuku’s remorse and prospects of rehabilitation.


1      Misuse of Drugs Act 1975, ss 6(1)(f) and (2).

2      Police v Nuku [2025] NZDC 19146 [Decision under appeal].

NUKU v POLICE [2025] NZHC 2865 [30 September 2025]

[3]    The Police’s position on appeal is that, while sufficient credit was applied for personal mitigating features, the Court may find that the end sentence is manifestly excessive. This is because, the Police concede, the starting point adopted by the Judge was too high, and the Judge incorrectly applied the Moses sentencing methodology.3

Factual and procedural background

[4]    On 19 June 2024, Ms Nuku was on prison release conditions for three firearms charges and one charge of possessing/using utensils for methamphetamine. Those conditions included a non-association order with an associate. Ms Nuku was located in the front seat of a vehicle with the associate, and a search of the vehicle located

3.17 grams of methamphetamine and drug dealing tools and paraphernalia. Ms Nuku pleaded guilty to possession of methamphetamine for supply and breach of release conditions. On 8 October 2024, Judge Marinovich sentenced Ms Nuku to 11 months’ imprisonment.4

[5]    By 10 March 2025, Ms Nuku was on release conditions at an address in Whanganui. A search warrant was carried out at the address. While sitting at the kitchen table, she removed a small plastic container from her property and attempted to discard it on the floor. The container included approximately 3.5 grams of methamphetamine.

[6]    Ms Nuku was arrested. Two glass pipes were located on her person. A tick book with various names and amounts owed to her, a set of electronic scales, and new and used zip lock point bags were in her property.

[7]    Ms Nuku pleaded not guilty at her first appearance. She entered a guilty plea at a case review hearing on 10 June 2025 (which, aside from bail hearings, was her second court appearance on the charge).


3      Moses v R [2020] NZCA 296, [2020] 3 NZLR 583.

4      Police v Nuku [2024] NZDC 24611.

Decision under appeal

[8]    Judge Andrée Wiltens noted the above facts and referred to the 3.5 grams of methamphetamine as “on one view, … not a lot; on another view, it is quite a bit, depends on…

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Details
Case
[2025] NZHC 2865
Decision Date

CaseChat Overview and Summary

Natasha Nuku appeals against her sentence for possession of methamphetamine for supply. The appeal focuses on the alleged excessiveness of the sentence, which was 27 months' imprisonment. The appellant contends that the sentencing Judge erred in setting an excessively high starting point and failed to adequately consider her remorse and rehabilitation prospects. The Police accept that the starting point was too high but argue that the end sentence may still be considered appropriate. The issues before the court include whether the Judge correctly accounted for the appellant's previous offending and addiction, the appropriateness of the starting point, and whether the sentence was manifestly excessive. The court finds that the Judge erred in taking the appellant's previous offending and addiction into account when setting the starting point, and that the starting point of three years was excessive. The court also determines that the Judge erred in not giving credit for the appellant's remorse and personal mitigating factors. The court concludes that the end sentence of 27 months' imprisonment was manifestly excessive and substitutes a sentence of 13 months' imprisonment.

The appeal is allowed and the sentence is substituted.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

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