R v Tuira - [2025] NZHC 3958

Fraud sentencing; two representative obtaining by deception charges each; husband and wife deceived whanau, friends and members of local Te Ao Maori, Jehovah's Witnesses, and other communities in a Ponzi scheme; 55 direct victims; defendants obtained nearly $4 million; total financial loss to victims of over $2.6 million over a seven and a half year period of offending.

Held: no deduction made for prior good character as character enabled their offending and given period of offending; no deduction made for breach of rights, vindication provided by finding search warrant was unlawful and evidence obtained by search warrant alone was to be excluded; no deduction made for impact of incarceration on Mrs Tuira's grandchild and mother; starting point for Mr Tuira of seven years and nine months' imprisonment; 12.5 per cent deduction for guilty pleas; five per cent deduction for remorse and participation in restorative justice; end sentence of six years and four months' imprisonment; MPI of 45 per cent; starting point for Mrs Tuira of seven years' imprisonment; 12.5 per cent deduction for guilty pleas; three per cent deduction for remorse and participation in restorative justice; 10 per cent deduction for personal background factors and relational coercion; end sentence of five years and two months' imprisonment; no MPI; no reparation orders made.