R v Grant - [2020] NZHC 98

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2018-063-1325

[2020] NZHC 98

THE QUEEN

v

DONNA MARIANA GRANT

Hearing: 7 February 2020

Appearances:

S Bonnar QC and S Allen for Crown P Wicks QC for Defendant

Judgment:

7 February 2020

SENTENCING REMARKS OF LANG J

R v GRANT [2020] NZHC 98 [7 February 2020]

[1] Mrs Grant, you appear for sentence today having pleaded guilty in December 2019 to three charges of dishonestly using a document to obtain a pecuniary advantage1 and one charge of obtaining a pecuniary advantage by deception.2 Each of those charges carries a maximum penalty of seven years imprisonment.

The facts

[2] The facts on which you are to be sentenced are contained in a summary of facts. This sets out in detail the factual basis on which you have pleaded guilty to the charges.

[3] The summary records that you are a respected member of the Te Arawa Iwi. You also have an extensive background in educational affairs and are highly regarded throughout New Zealand as a leader in Kapa Haka.

[4] Between 2010 and 2014 you held numerous prominent positions in both charitable organisations and the education sector generally. In particular, you were a trustee of the Te Arawa Kapa Charitable Trust (the Kapa Trust), a member of the Board of Trustees for the New Zealand Warriors Foundation and the Executive Director of a private training establishment called the Manaakitanga Aotearoa Trust (Manaakitanga).

[5] All of these charges relate to your involvement in these organisations and, more specifically, the manner in which you fraudulently obtained funding for them.

Charge 1

[6] Te Matatini is a well recognised national Kapa Haka competition that is held every two years. It is managed by a national committee comprising representatives of the 13 affiliated regions in New Zealand. In 2012, the committee chose the Te Arawa region to host the Te Matatini festival that was to take place in February 2013. This meant the Kapa Trust needed to raise funds to organise and host the event.

1 Crimes Act 1961, s 228(1)(b).
2 Crimes Act 1961, ss 240(1)(a) and 241(1)(a).

[7] On 17 September 2012, after Te Arawa had been chosen to host the 2013 competition, the trustees of the Kapa Trust met to discuss the question of fundraising to meet the cost of the festival. During this meeting you raised the possibility that funding may be available through a programme known as Hei Manaaki (Maori Tourism). This was offered by the Te Whare Wānanga o Awanuiarāngi (the Wānanga). The Wānanga is a tertiary education provider based in Whakatāne. It receives funding from the Tertiary Education Commission (the Commission), a Crown agency that leads the Government’s relationship with the tertiary education sector. Between 2012 and 2014 you were the programme coordinator for the degree programme offered by the Wānanga in Maori performing arts.

[8] The Wānanga also offers a certification programme in Hei Manaaki (Tourism Maori). These are…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Grant

Details

AGLC: R v Grant [2020] NZHC 98
Case: [2020] NZHC 98
Decision Date: 7 February 2020

CaseChat Overview and Summary

Donna Mariana Grant appeared before the High Court of New Zealand in Rotorua for sentencing, having pleaded guilty to multiple charges of obtaining pecuniary advantage by dishonest means and deception. The charges stemmed from her fraudulent activities while holding prominent positions in various charitable and educational organizations between 2010 and 2014. The court had to determine an appropriate sentence considering the nature, duration, and financial impact of the offending, as well as the personal mitigating and aggravating factors.

The court found that the offending was serious due to its premeditated nature, the significant period over which it occurred, and the substantial amount of money involved—approximately $1.3 million. However, the court also noted that the offending was not motivated by personal gain but rather by a desire to fund projects Grant believed were worthwhile. The court established a starting point of four years imprisonment, adjusted for mitigating factors such as Grant's previously blameless life, her leadership roles in education and Māori culture, and her genuine remorse. The court further reduced the sentence by nine months for her early guilty pleas, resulting in a final sentence of two years imprisonment. However, considering Grant's age, her clean record, and the low risk of reoffending, the court opted for a sentence of 12 months home detention to be served concurrently, with post-detention conditions lasting for 12 months following the sentence.

Orders