A man who verbally abused roadworks staff and drove through a site at speed, despite not having the right of way, was having a “particularly bad day”, Whakatāne District Court heard on Wednesday.

David Simons appeared before Judge Philip Crayton and pleaded guilty to charges of dangerous driving and speaking threateningly.

The prosecutor withdrew a third charge of resisting arrest.

Simons was driving his Ford Ranger north on Western Drain Road at about 8am on November 6, 2024.

According to the summary of facts read in court, Simons approached a roadworks site and abused a worker manning the stop/go sign.

Another worker who had been sitting in a nearby ute approached to tell Simons that they were just doing their jobs, and he could not drive through because cars were coming the other way.

Police say Simons then threatened the workers and began taking photos and videos of them.

Simons drove through the roadworks at speed, exceeding the temporary limit of 30 kilometres per hour, and did not slow down as he approached the intersection with State Highway 2.

The highway was significantly busier than normal because it was being used as a diversion for traffic from Thornton Road, a portion of which was completely closed for roadworks.

Police say Simons ignored the stop sign and drove straight through the intersection.

Lawyer Steve Franklin said the defendant had a chequered past, but he’d got his life together in recent years and the 2024 incident was not part of a pattern of behaviour.

“This was a particularly bad day.”

Simons was running late for an appointment and claimed he’d been on the receiving end of some abuse, too, Mr Franklin said.

The defendant is self-employed and holds maintenance contracts with various Kainga Ora properties, so the lawyer said the inevitable loss of his licence would impact him substantially.

He sought that the judge impose a monetary penalty only, because the structure of Simons’ work meant community work would be difficult.

Police prosecutor Bill Scott said it was an understatement to describe the defendant’s behaviour as him having a bad day.

He said the offending was distressing, dangerous and caused harm to both victims, and needed denouncement by way of more than a monetary penalty.

Judge Crayton agreed that Simons’ offending was extremely dangerous and occurred against a background of the defendant having lost control previously and caused harm.

“This was the situation that any road worker dreads,” the judge said.

“Someone was approaching them in a machine that could potentially kill, and they no way to protect themselves.”

Judge Crayton also acknowledged the way Simons appeared to have turned his life around in the past 11 years.

He disqualified Simons from driving for six months and ordered him to pay $1000 in emotional harm reparations.

Simons volunteered to pay $500 immediately and the balance at a rate of $50 per week.

No bail application

Toatoa man Camille Edwards was remanded in custody for two weeks after no bail application was made at his virtual appearance on Wednesday.

He was remanded without plea on two cannabis charges, burglary, unlawfully taking a motor vehicle and breaching his release conditions.

Protection order breach admitted

Whakatāne man Jesse Hill has been sentenced for breaching a protection order by not leaving a house when he was told to.

The 36-year-old appeared in court from police custody and pleaded guilty to the charge at his first appearance. He sought to be sentenced immediately.

Hill must complete 100 hours of community work and 12 months of supervision.

Judge Crayton said resolving the matter straight away would allow the defendant to get on with his life, while putting some protections in place.

Vape thrown at mother

Tāneatua woman Maureen Hazel has been put on a good behaviour bond for a year after an argument with her mother got out of hand, resulting in a vape being thrown at the victim.

Hazel, 39, pleaded guilty to a charge of common assault.

Judge Crayton said the defendant had previously served time for assault on a person in a family relationship.

Readmitted to bail

Fazard Moghtaderi has been readmitted to bail after being arrested and held in custody on an alleged breach.

He is yet to plead to charges of driving while suspended and unlawful interference with a motor vehicle.

Moghtaderi was remanded on bail to appear in Ōpōtiki District Court next week. Police signalled an intention to lay further charges by this date.

He has two further court dates scheduled in Auckland courts at the end of this month and in April.

Case adjourned

Hayden Monsall was remanded in custody for a further two weeks to allow his lawyer to discuss his case with him.

Monsall is charged with assault on a person in a family relationship, threatening to kill or cause grievous bodily harm, possession of an offensive weapon, breaching his release conditions and two counts of breaching a protection order.

He was remanded in custody to January 23.

Dishonesty charges admitted

Jessica Epiha pleaded guilty to charges of obtaining by deception and theft under $500.

She had no address available to make a bail application, so was remanded in custody for sentencing next month.

Rehabilitative element to sentence

Whakatāne man Samuel Busby was sentenced this week for driving with excess breath alcohol after being caught at a compulsory breath test in October.

Busby, 38, returned a breath alcohol level of 669 micrograms shortly after 9pm on October 17.

His last conviction for drink driving was in 2020.

Lawyer Rebecca Plunket submitted that a sentence of community work and supervision would be appropriate. She said Busby contributes to the community through his job and this was a slip up.

Judge Crayton said with this being his fourth conviction for drink driving, Busby was putting himself at risk of going to prison.

Busby was disqualified from driving for a year and a day. He was sentenced to 120 hours’ community work and 15 months’ intensive supervision.

“I want to make sure, if at all possible, that this is your last time before the court.”

Disqualified driver caught with meth

Tāneatua woman Harley Kingi, 36, has been sentenced to community detention for driving while disqualified multiple times, then being found with meth and a pipe in her possession.

Kingi was sentenced to four months’ community detention for driving while disqualified, giving false details to police, resisting police, possession of methamphetamine and possession of utensils for meth.

The court heard these were her first drug-related convictions.

Judge Crayton said Kingi was caught driving while disqualified on July 6 and did not provide appropriate identification to police.

She was caught driving again on July 22.

While she was on bail, Kingi drove again on August 30, provided false details to police and refused to follow their instructions during an arrest.

Kingi dropped a glasses case while she was being transported to the police station, which contained meth and a pipe.

The judge noted that Kingi had never received an electronically monitored sentence.

He said she was assessed as being a low risk of harm to others and a medium risk of reoffending.

In addition to the community detention, Kingi was sentenced to 15 months’ supervision, and she was disqualified from driving for a year and a day.Charges denied

Joseph Beatty-Cabaret pleaded not guilty to charges of unlawful possession of a firearm, ammunition and a cannabis pipe.

He was remanded on bail for a case review hearing in April.

Adjournment in joint case

An adjournment has been granted in the case of two people who have denied charges relating to child abuse allegations.

Sharon Ranui has pleaded not guilty to three counts of injuring with intent to injure, two counts of assaults child and one each of ill-treating or neglecting a child under 18, assault with a blunt instrument, wilful damage and ill-treating or neglecting a child younger than one.

Simon Ranui denies two counts of assaults child and one of ill-treating or neglecting a child younger than 18.

Neither were present in court this week because their attendance was excused.

The case was further adjourned to allow defence lawyers to discuss with prosecution.

Both defendants are expected to be present in court for their case review hearing next month.

Name suppressed

A Whakatāne woman accused of assault with a knife and assault on a person in a family relationship has been granted interim name suppression.

The 33-year-old pleaded not guilty to both charges. Police indicated that a third charge had been laid, but it was not before the courts this week.

The defendant also faces charges in Gisborne and sought that her Whakatāne bail conditions be made the same.

Police opposed bail. Judge Crayton granted the woman bail to a Gisborne address.

Man admits 18th breach

Rūātoki man Wayne Dillon, 44, pleaded guilty to his 18th breach of a protection order.

He pleaded guilty at his first appearance and waived his right to a pre-sentence report in order to be sentenced immediately.

Lawyer David Pawson said the defendant has schizophrenia and was not taking his medication at the time of the offending.

The court heard Dillon grabbed a child’s hockey stick, struck a window and continued threatening the complainant.

He was also charged with behaving threateningly. Both charges related to the same incident on Monday.

Judge Crayton said the incident was very concerning for the victim.

Dillon was sentenced to three months’ imprisonment and six months of release conditions.

Ammunition charge resolved

Kawerau man Renata Parekura was sentenced to 180 hours of community work for a combination of police and probations charges.

He must also complete 12 months of supervision to help him stop his casual drug use.

Parekura, 43, pleaded guilty to breaching community work, possession of cannabis, methamphetamine and a pipe, but he denied unlawfully possessing ammunition in public.

The case was stood down during the lunch adjournment to allow lawyer Natasha Hartigan and the police prosecutor to discuss resolution of the denied charge.

The ammunition charge was reduced to a fine-only level and Parekura pleaded guilty.

Judge Crayton cancelled his outstanding 149 hours of community work and imposed a fresh sentence of 180 hours.

Mixed pleas

Shane Rogers pleaded guilty to, and was convicted of, driving with excess blood alcohol.

He denied a second charge of causing injury as a driver with excess blood alcohol.

Rogers was remanded on bail to March 20 for a case review hearing.