Much of the offending happened while he was on bail, which were aggravating features, Judge Tony Snell said.
His lawyer Wayne Jones said Herk now recognised his irresponsible behaviour, having had time off drugs while in custody awaiting sentence, to gain more clarity.
Jones said Herk felt he was a “better person” having been detained, and had possibly even benefitted from it.
Driving at more than twice the 80km/h limit
Last year Herk, who was already a suspended driver, was clocked on police radar riding a motorbike at 173 km/h on a Tasman highway with an 80km/h speed limit.
Police tried to stop him but it was possible he didn’t see them, and was stopped two kilometres further along by a second police patrol.
On Christmas Eve, he was caught again, near the same area, this time driving at 128 km/h on a highway with a 100km/h speed limit.
Herk was summonsed to court to appear early in the new year.
Then, just after 3am on New Year’s Eve, Herk was caught by Tauranga police driving while suspended in Pāpāmoa.
In March this year, Herk was seen in Wellington standing next to a parked motorbike with no registration plate. He told police he had ridden it there from Tauranga, after seeing it in the driveway of a “drug house”.
Police then found him with almost nine grams of cannabis, plus a hatchet and a silver BB gun which he said he needed when “taking drugs from gang members”.
How Herk drove away in a disabled woman’s car
The charge of unlawfully taking a vehicle happened on April 12 this year.
The victim, who had been waiting with her parents for an appointment with her bank, failed to notice her car keys had fallen out of her pocket in the waiting area.
Herk entered the bank, saw the keys on a seat, sat down next to them for a few seconds, then got up and left.
He went out into the carpark, pressing the buttons on the keys as he went until he came across the Toyota Corolla when its lights flashed. He then got into the car and drove off, but the vehicle was recovered soon after, undamaged.
He later said he “felt bad” about taking a vehicle that belonged to someone with a disability, despite it being clearly labelled as such.
On July 11 this year, just before 10pm police saw a red motorbike with no number plate travelling towards Upper Moutere. They attempted to get close but the bike vanished from view. About 20 minutes later a nearby resident called the police to say they’d found a person on their property on a motorbike.
The police summary said Herk spoke to the resident and threw off the backpack he was wearing, before picking it up and riding off towards Richmond.
A police patrol car waiting on the highway saw the bike, signalled it to stop and Herk pulled over in a nearby driveway where he placed his backpack at the feet of the police.
Herk was identified as a suspended driver who while riding the motorbike had also breached a condition of his bail not to drive. He was arrested and taken to the Nelson Police Station.
While checking the backpack police found a large zip lock bag containing 202g of cannabis head plus digital scales, a laptop computer and a large knife with a 15cm blade.
Herk told police he had “just been out driving”, although he knew he shouldn’t have been, that the cannabis was for his own use to help him “chill out” and that the knife was a “go-to” knife he used for everything and hadn’t realised it was in his bag.
Judge Snell described Herk as someone who had an “unusual” cannabis habit because it had not taken a grip on him, and he had also been a meth user for a long time.
He said the driving offences were committed in “utter disregard” of his bail conditions.
Judge Snell said Herk’s release from prison would be up to the Parole Board.
He was disqualified from driving for two years.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
