But Justice Sally Fitzgerald disagreed and said it "would be quite wrong" for the 21-year-old's offending to be described as a "hate crime".
Justin Zeng, an Asian liaison officer for Counties Manukau Police, has created a Givealittle page for the family, which has drummed up more than $76,000.
The page outlines the family, who all have permanent name suppression, have had their dreams "shattered".
The family is under strain as the father, who has a brain tumour, is in palliative care in a hospice while the mother is not working, according to the page.
Zeng said he was assigned as a family liaison officer from day one to communicate with the family due to the language barrier.
"I worked closely with the family to ensure they were supported and I wanted to do something to help them financially, which is why I created the Givealittle page," he said.
"I have dealt with many victims of crime, mainly Asian victims, in my 15 years in police through my role as an Asian liaison officer. Many of the victims have become friends.
"The victims in this case are extremely grateful for the support of police and have been overwhelmed by the donations from members of the public through the Givealittle page following what has been a very tough time for them."
In March last year, the family had been out enjoying a day of picking blueberries when Milne was driving over a hill and passed their car.
He was forced to swerve to avoid a collision, court documents provided to the Herald show, and crashed into a drain and fence.
The relatively minor crash would lead to a prolonged high-speed chase in which Milne forced the family to stop their car several times.
Milne shouted and swore at the family several times including telling the family he belonged to a gang and was going to kill them, court documents read.
Towards the end of the prolonged chase he pulled up alongside them on the wrong side of the road and demanded they stop.
When the family refused, Milne deliberately rammed their car, causing it to spin out of control and crash into a bank.
Flipping in the air, the family's car landed upside down on top of Milne's vehicle before sliding off when he braked suddenly.
The two children were thrown from their car.
They had earlier taken their seatbelts off because they thought they might need to make a hurried exit, court documents read.
The two children landed on the road, narrowly avoiding a steep 100m deep ravine. The boy suffered a fractured skull.
But despite the two children lying injured, Milne approached the car to continue his attack.
"Get out of the f**king car, I'm going to smash you! You f**king Asian c***! F**king Asians!" Milne yelled.
