Former Green Party co-leader Russel Norman and fellow activist discharged without conviction

Russel Norman and Sara Howell. Photo / File

Russel Norman and fellow activist Sarah Howell have escaped conviction and penalty on a charge relating to an oil exploration protest off the Wairarapa Coast 17 months ago.

The reprieve comes in a decision of Judge Arthur Tompkins delivered today, having been reserved at a sentencing hearing in Napier District Court on July 20.

At the time defence counsel Ron Mansfield said each was prepared to offer $3000 to the Coastguard, but in today's decision Judge Tompkins said there should not be a pre-condition to the discharge.

The Greenpeace protest which led to charges. Photo / Supplied

Norman, the 51-year-old Greenpeace executive director, and Howell, 26, from Ireland, admitted the charge laid under a 2013 amendment to the Crown Minerals Act.

The two leapt into the water from two inflatables in the path of the 21,000-tonne, 126m Amazon Warrior about 50 nautical miles off the North Wairarapa coast on April 10 during a protest last year.

Co-offender Gavin Mulvay, who was not a Greenpeace employee or member, had accepted diversion, without conviction, in the early stages of prosecution.

Norman and Howell reversed their position and pleaded guilty three months ago, ending the need for a two-week trial which was to have been held in April.

The discharge without conviction was opposed by MBIE through prosecutor Cameron Stuart who had highlighted the dangers which had been involved.

Russel Norman in the dock at Napier District Court in July. Photo / File

The ship, towing 8km of cables and equipment spanning over a kilometre wide, was forced into an eight-hour, 360-degree manoeuvre to avoid a mishap and reposition itself.

It had cost "hundreds of thousands of dollars", said Stuart, who also cited Greenpeace media campaigning, including a media release two days ahead of yesterday's sentencing hearing, as reflecting a lack of genuine concern about the dangers he said were posed by their actions.

Mansfield said prosecution claims of risk to safety were an overstatement, the protest was "low-level civil disobedience" to bring about change, for the benefit of the community and future generations, and convictions would discourage freedom to protest.

Mansfield said the pair were prepared to donate $3000 each to Coastguard New Zealand as part of the outcome if there were no conviction.