Man who allegedly crashed into journalist denied return of passport for business trip

Mediaworks journalist Karen Rutherford after the accident. Photo / Newshub

The foreign driver who allegedly injured journalist Karen Rutherford and killed her daughter's horse in a crash has lost a last-minute bid to get his passport returned.

Peng Wang, 28, appeared at the North Shore District Court this afternoon seeking a variation of his bail conditions so he could return to China to deal with issues in his business.

His visa also expires in the new year and he would need to leave so he can maintain his immigration status, his lawyer argued.

Wang has denied a charge of careless driving causing injury relating to the crash in August.

Rutherford and her daughter Ella, 13, were riding on Postman Rd in Dairy Flat, in Auckland's north, when a car allegedly struck George, the horse she was on, throwing Rutherford into the windscreen.

The 43-year-old's leg catapulted into her head, the force of which tore the skin and tissue away from the muscle, almost ripping her leg off.

She also suffered multiple broken bones and gashes and still needs a crutch more than four months on.

The journalist today addressed Judge Lawrence Hinton, telling him she was "absolutely devastated that he's had the cheek to make this application".

"The effect on our family is ongoing and will be for many, many years ... I just find it abhorrent at this man going to China for a visit when we have no guarantee that he will return."

Wang's lawyer Justin Harder said his client's visa was set to expire on January 1 so he needed to leave New Zealand so he wasn't here illegally.

He wants to live in New Zealand and move his family here, but needed to apply for the appropriate visa which he couldn't do if he jeopardised his immigration status.

Wang also needed to go home to tend to issues in his business and a trial could proceed without his presence, Harder said.

The application for a variation of bail was filed with the court on Tuesday.

Prosecutor John Kang said police strongly opposed the application because there was no way to enforce his return and the defendant "may escape the consequences of his offending".

Judge Hinton said Wang didn't need "to go to stay".

"I can sensibly assess a real and discernible risk against the backdrop in relation to what has been said."

He declined the application for Wang's passport to be returned.