IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2025-409-28
CRI-2025-409-29 [2025] NZHC 634
BETWEEN MELANIE JILL TATANA
Appellant
AND
THE KING AND THE COMMISSIONER OF INLAND REVENUE
Respondents
Hearing: 17 March 2025 Appearances:
J Grainger for Appellant
B W D Alexander and P W Saunders for Respondent
Judgment:
25 March 2025
JUDGMENT OF MANDER J
This judgment was delivered by me on 25 March 2025 at 3.30 pm pursuant to Rule 11.5 of the High Court Rules 2016
Registrar/Deputy Registrar Date: .
TATANA v R [2025] NZHC 634 [25 March 2025]
[1] Melanie Jill Tatana was sentenced in the Christchurch District Court to three years imprisonment1 on 63 charges of being a party to the withholding of PAYE deductions2 (the PAYE charges) and seven charges of failing to provide information, namely GST returns to the Commissioner of Inland Revenue (the Commissioner) with the intention of evading the assessment or payment of tax (the GST charges).3 Ms Tatana seeks leave to appeal this sentence out of time and to adduce fresh evidence in the form of a cultural report on the basis the sentence was manifestly excessive.
The offending
PAYE charges
[2] Ms Tatana was the sole director and 90 per cent shareholder in an asbestos removal company, Asia Pacific Group Limited (APG). Between 1 April 2019 and 23 September 2022, APG was required to file returns reporting the deductions it had made from its employees’ wages.4 Between August 2019 and September 2022, APG failed to pay the full amounts of the PAYE deductions to the Commissioner. The deductions not paid by the due date totalled $1,602,864.17. Late payments and transfers that were received reduced the amount of outstanding unpaid PAYE to $1,121,204.47.
[3] A large portion of these appropriated funds were spent by Ms Tatana. By reference to the Commissioner’s analysis of APG’s bank records, those details were set out in the District Court Judge’s sentencing remarks:
[10] …
(a) For the year 2020, amounts spent on personal spending, gambling, liquor, bars and ATM cash withdrawals were $219,687.95.
(b) For the 2021 year, $316,607.48. (c) For 2022, $281,518.52.
(d) For 2023, $64,686.86.
[11] This totals $882,500.81.
1 R v Tatana [2024] NZDC 26390.
2 Tax Administration Act 1994, s 148(1) and s 143A(1)(d); maximum penalty five years imprisonment or a fine not exceeding $50,000.
3 Tax Administration Act 1994, s 143B(1)(b) pursuant to s 143B(1)(f); maximum penalty five years’ imprisonment or a fine not exceeding $50,000 or both.
4 RD 22 of the Income Tax Act 2007.
[12] During the relevant period of offending amounts were received into Ms Tatana’s personal bank account from APG’s bank account over four years, totalling $194,680.21.
[13] During the relevant period of offending $166,020.29 was received from APG into [Ms Tatana’s] daughter’s bank account for relevant years.
[14] APG provided returns to the Commissioner which detailed wages paid from APG to [Ms Tatana] and [her] husband across the relevant period of offending in the four…
Continue reading Tatana v The King
Sign in free to access the full text
- AGLC
- Tatana v The King [2025] NZHC 634
- Case
- [2025] NZHC 634
- Decision Date
CaseChat Overview and Summary
Leave to appeal out of time is granted. The appeal against sentence is dismissed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.