R v Awatere

[2025] NZHC 2546

ORDER PROHIBITING PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF VICTIM PURSUANT TO S 202(2)(a) OF THE CRIMINAL PROCEDURE ACT 2011. SEE

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI-2025-096-903

[2025] NZHC 2546

THE KING

v

TEPAEA AWATERE

Hearing:

28 August 2025

Counsel:

C T Hislop for Crown

C J Nicholls for Defendant

Sentencing Notes:

28 August 2025

SENTENCING NOTES OF GRAU J

[1]Tepaea Awatere you are for sentence today on charges of:

(a)reckless driving causing death;1

(b)reckless driving causing injury;2

1      Land Transport Act, s 36AA(1)(a): maximum penalty of 10 years’ imprisonment, $20,000 fine, and minimum disqualification period of one year.

2      Land Transport Act, s 36(1)(a): maximum penalty of five years’ imprisonment, $20,000 fine, and minimum disqualification period of one year.

R v AWATERE (SENTENCING) [2025] NZHC 2546 [28 August 2025]

(c)failing to stop and ascertain injury or death;3 and

(d)driving with excess breath alcohol.4

[2]    I gave a sentence indication on 30 June 2025 that you accepted. The indication was that the sentence starting point was four years’ imprisonment, and there would be reductions to that starting point that would take the sentence to a level where the Court could look at alternatives to imprisonment.

[3]    Before I proceed to sentence you, I wish to acknowledge whānau who are victims of this tragedy, as are you yourself.

[4]    The victim impact statements that Louise and Francis read to the Court were powerful. As Francis said, he could not think of any motive for you to hurt your mother and of course there just wasn’t one—that is the utter tragedy of this event. Francis really brought your mother to life too. It was lovely to hear his final conversation included Mum having a go at someone who hadn’t pulled their weight at the tangi. I hope that you can cherish memories like that and talk about those memories, and really hold them close to you. That you have such a bond is really going to assist you as a whānau to heal from this. It will be a hard road, but as I have said, it is unusual to hear such a level of aroha, forgiveness and support, and it is inspiring. Tepaea will have to live with the consequences of what she did in a few minutes, as will you all. It will be a long road to heal, you will feel the consequences forever, but together you can keep Vanessa’s memory strong, and it is a sweet memory.

[5]    I also acknowledge the other victim who was hurt that night. As I will mention in a minute, her name will be permanently suppressed at the Crown’s request. She too has forgiven Tepaea, and she is supportive of Tepaea’s journey towards healing from this dreadful event. Her generous spirit, again, is something that the Court rarely sees, and I trust that her spirit will also help in the healing journey that she will be on.

3      Land Transport Act, s 36(1)(c): maximum penalty five years’ imprisonment, $20,000 fine, and minimum disqualification period of one year.

4      Land Transport Act, s 56(1): maximum penalty three months’ imprisonment, $4,500 fine, and six months’ disqualification.

Preliminary matter: name suppression for victim

[6]    There is currently an interim order for name suppression for the victim of the charge of reckless driving causing injury. The Crown asked for name suppression on the basis that publication would likely cause undue hardship to that person which would be disproportionate to the purpose that would otherwise justify publication. That purpose is the open reporting of Court proceedings which is always the starting point for the Court.

[7]    I am satisfied that that order should now be made on a permanent basis. The victim is in a difficult position. She is supportive of Tepaea’s recovery. She wants to focus on her own recovery. There are also issues arising in relation to the possibility of retaliation (which I make clear is not by Tepaea or any of her whānau, or by the victim). I am satisfied that the threshold of undue hardship is reached. I am also satisfied that the legitimate public interest in knowing the circumstances of the culpable homicide in this case and associated offending will not be greatly advanced by knowing the name of a secondary victim. Therefore, it is appropriate to grant name suppression on a permanent basis.

Background – what happened

[8]    I am not going to go through and describe the incident that led to the charges in any detail. Those details are set out in my sentence indication which will be attached to my judgment for the sentencing. It is enough to say that Tepaea (who should not have been driving that night after her nephew’s tangi), was in a bad state (made worse by alcohol), and when she tried to leave, her mother and others tried to stop her from driving. The tragedy occurred with Tepaea not thinking—putting the car in drive and lurching forward and trapping her mother under the car, and trapping another person’s foot. When she accelerated forward, her mother was dragged under, and she died. The whole incident lasted only minutes, but it led to such a tragic outcome.

Sentencing

[9]    The only issues for the sentencing today are what reductions I can make to the four-year starting point that I indicated, and what the final sentence should be.

Information for sentencing

[10]I now have more information about Tepaea in:

(a)a pre-sentence report;

(b)an alcohol and drug report; and

(c)a letter that Tepaea wrote to the other victim.

[11]   Restorative justice did not take place in person, but Tepaea’s letter was written instead, and I have read that. It is very moving; it is heartfelt, and it is genuine. Tepaea took full responsibility, made no excuses, and said that she hopes one day she can express her sorrow and remorse to this person when they are together. She also said she will do everything to make sure nothing like this ever happens again.

[12]   The pre-sentence report recommends a sentence of home detention. There is an available and suitable address with people who are assessed as pro-social, and who are committed as a whānau to support Tepaea to serve her sentence. There is nothing to indicate that she could not comply. Home detention would enable Tepaea (who is struggling greatly to manage her and her daughter’s grief), to remain in the community, and to engage with support services to assist her rehabilitation and help her (and hopefully her whānau too), in managing the impact of their loss. Prison could not do that. The report writer says Tepaea would benefit from alcohol and drug counselling and other support including to help her develop skills to secure employment. Tepaea is said to be motivated to engage with professional help.

[13]   The pre-sentence report also included that Tepaea presented with a high level of remorse and a desire to make amends. The report says family counselling or facilitated restorative justice processes could help to address the impact of the offending. I do not know whether Tepaea’s probation officer will be able to help to that extent with the wider whānau, but if there is any possibility of that, I would urge Corrections to do all they can for this whānau.

[14]   The alcohol and drug report also indicates that Tepaea needs significant professional support and counselling. It says that Tepaea has discussed, and agreed to, referral to mental health services, to drug and alcohol counselling, a parenting course, and assistance with employment. The report says she poses no risk to other people, but she needs to remain alcohol-free.

Available reductions

[15]   As I said in my sentence indication, a reduction of 25 per cent is available because Tepaea promptly pleaded guilty to the charges after the sentence indication, and the Crown accepts that level of reduction is available.

[16]   There is also an available reduction to reflect that Tepaea, at age 25, has no previous criminal history, nor does she have a history of bad driving. That factor warrants a 10 per cent reduction.

[17]   The matters that I have read about Tepaea’s history in the pre-sentence report and the alcohol and drug report go some way to explaining how the offending could have happened, in circumstances of difficult and heightened emotions, and when she had developed an unhealthy relationship with alcohol. There is also genuine remorse and a willingness to address the causes of her offending and to rehabilitate. Her prospects of rehabilitation appear to be good. The unusually high level of family support in this case, which, as I have said, is inspiring, will go a long way towards helping her. For those factors in combination, I consider a further 20 per cent reduction is available.

[18]   Those reductions bring the four-year starting point down to 22 months, and I commute that to a sentence of 11 months’ home detention.

[19]   Home detention will be on the standard conditions and a number of special conditions that are set out in the pre-sentence report. There will also be post-detention conditions that will apply for 12 months from the end of the detention date. Those conditions are also in the pre-sentence report, they are same as the special conditions that apply during the sentence, and they are about programmes and counselling. Twelve months is the maximum term for post-detention conditions. It means Tepaea

will be under the supervision of Corrections and her probation officer for almost two years. I consider that is appropriate given the amount of assistance she needs, and the mahi that Tepaea needs to do.

Sentence

[20]Please stand Ms Awatere.

[21]   On the charge  of  reckless  driving  causing  death,  you  are  sentenced  to  11 months’ home detention on the conditions in the pre-sentence report, and special conditions to apply post-detention for 12 months. You will also be disqualified from driving for two years.

[22]   On the charge of reckless driving causing injury, your sentence is six months’ home detention, and you are disqualified from driving for one year.

[23]   On the charge of failing to stop, your sentence is six months’ home detention, and there is a one-year disqualification from driving.

[24]   On the charge of driving with excess breath alcohol, you are sentenced to one month home detention and disqualified from driving for six months.

[25]   All of those sentences are served at the same time, which makes the total sentence 11 months’ home detention, and the total disqualification is two years.

[26]   As Mr Nicholls has requested, I direct that the drug and alcohol report is released to Corrections.

[27]   I make an order for permanent suppression of the name of the victim of the charge of reckless driving causing injury.

[28]Thank you.

Grau J

Solicitors:

Crown Solicitor, Wellington for Crown

cc:        C Nicholls, Lower Hutt for Defendant