| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA182/2025 |
| BETWEEN | PEKAROA TAUIRA |
| AND | THE KING |
| Hearing: | 29 September 2025 |
Court: | Mallon, Whata and Venning JJ |
Counsel: | S P Dickson for Appellant |
Judgment: | 14 October 2025 at 11 am |
JUDGMENT OF THE COURT
AThe appeal is allowed.
BThe conviction and sentence are set aside.
CWe make an order discharging the appellant without conviction under s 106 of the Sentencing Act 2002.
____________________________________________________________________
REASONS
| Para No | |
| Mallon and Whata JJ | [1] |
| Venning J | [36] |
MALLON AND WHATA JJ
(Given by Mallon J)
Introduction
Pekaroa Tauira pleaded guilty to receiving stolen property. Her application for a discharge without conviction was declined and she was sentenced to six months’ supervision.[1] She appeals the decision declining to discharge her without conviction.
[1]R v Schwenke [2025] NZDC 6421 [sentencing notes].
Ms Tauira signed the notice of appeal on 13 June 2025. Her counsel, Ms Dickson, advises that she has since lost contact with Ms Tauira. Ms Tauira’s phone number is not working and she does not appear to be living at her last known address. However, as Ms Dickson’s most recent instructions were to proceed with the appeal, she has proceeded to advance her appeal. We accept it is appropriate that she do so.
Background
Ms Tauira was initially charged with stealing money valued at $8,480.[2] She entered a not guilty plea and elected trial by jury. A little over three years later Ms Tauira entered a guilty plea to an amended charge of receiving stolen property (in the amount of $6,482), knowing it to have been stolen or being reckless as to whether it was stolen.[3]
[2]Crimes Act 1961, ss 219 and 223(b).
[3]Sections 246–247.
The application for a discharge without conviction proceeded on the basis of an agreed statement of facts. As set out in that agreed statement, on 10 and 11 May 2021 an unknown male called the victim, who is 82 years old, claiming to be a bank technician and convincing her to install a remote access application on her computer. This enabled the computer to be manipulated and a series of five withdrawals from the victim’s bank account totalling $32,980 were made. One of these withdrawals was of $8,480 which was received into the bank of account of Ms Tauira on 10 May 2021 at 1.54 pm.[4] At 4.13 pm Ms Tauira received $6,482 of this sum when she visited a bank branch and withdrew it over the counter.
[4]It is not suggested that Ms Tauira was connected in any way to the other four withdrawals received into the bank accounts of others.
With the help of the victim’s son, the victim reported the withdrawals to her bank and to the police. The victim, who has lived alone since her husband died, says the incident has affected her confidence and general ability to cope with life. She advises that her bank has fully reimbursed her.
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- AGLC
- Tauira v The King [2025] NZCA 540
- Case
- [2025] NZCA 540
- Decision Date
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