Covid-19: Man who broke alert level travel rules avoids conviction

Jared Charles Shaw, 37, was granted a discharge without conviction in the Queenstown District Court. Photo / File

An Australian who breached Auckland's level 3 lockdown by travelling to Wanaka has successfully argued a conviction would cost him a new job.

Jared Charles Shaw, 37, was granted a discharge without conviction in the Queenstown District Court on Tuesday after admitting to breaching a Covid-19 public health order by flying to Queenstown on October 8.

Shaw had travelled to Auckland from Australia to support his mother during the pandemic.

However, on October 8 he signed a statutory declaration that he was moving to Wellington to explore business interests.

He used the exemption to fly to Wellington, but only stayed two nights before flying to Queenstown and then travelling to Wanaka.

Judge Russell Walker said Crown written submissions stated Shaw's actions were premeditated and a breach of trust.

The defendant did not stay at the Wellington accommodation cited in his declaration because the landlord had inquired about his vaccination status.

The defendant's explanation for his actions was questionable, and he had always intended to travel to Wanaka for a family birthday, the Crown argued.

In travelling to Wellington, Queenstown and Wanaka, he had put all three communities at risk.

Counsel Michael Walker said the defendant had taken all reasonable steps to ascertain whether he could travel, including writing to the local MP's office.

He had left Wellington after two nights because his relationship with the accommodation provider "fell through", causing financial and mental health pressures.

He had had a negative Covid-19 test before departing Auckland.

"There was no public health risk, no premeditation on his part."

Character references described the defendant as a law-abiding, hard-working man of "outstanding character".

The managing director of a Melbourne company had written a letter to the court stating it had offered a job to Shaw, which had been held open for five months, but would withdraw it if he was convicted.

Walker said the defendant had donated $500 to the Cancer Society and written a letter of apology to the court.

Judge Walker said he took account of the defendant's guilty plea, previous good character and remorse.

He accepted a conviction would cost the defendant the job offer made to him, and be a potential impediment to the domestic and international travel the job required.

On those grounds, he granted the discharge.

He did not impose a fine because of the charitable donation already made.