Stats suggest evidence of justice by postcode

Law breakers in Queenstown are 29 times more likely to avoid the life stigma of a conviction than those in Te Kuiti, figures show.

The revelation comes amid public fears of unequal justice, following rugby player Losi Filipo’s initial discharge without conviction for a brutal earlymorning assault because it would affect his career prospects.

At a regional level, offenders in Wellington and the entire South Island outside Canterbury were twice as likely to be let off as those in Northland – either through police diversion or discharges without conviction. Areas of higher deprivation generally had lower discharge and diversion rates.

In individual courts, the differences were more stark. In 2015, almost one in four Queenstown offenders avoided a criminal record. In Te Kuiti, fewer than 1-in-100 criminals got off.

Police diversion is an out-of-court process typically offered to first offenders committing minor offences; discharges without conviction are granted by judges.

Hamilton senior defence lawyer Roger Laybourn said many discharge applications were from university students, so university towns would have higher rates.

However, there was no obvious reason Te Kuiti should have such a low rate, given crime and its drivers – deprivation and drug and alcohol availability were universal. ‘‘It’s a puzzle. Common sense would tell you there will be some variation but there should not be significant variations. The Northland statistic really concerns me because we know that is probably the most deprived part of New Zealand.’’

The idea that Northland did not have its fair share of first offenders committing minor offences eligible for diversion or discharge was ‘‘just nonsense’’, Laybourn said.

Queenstown lawyer Liam Collins said that town’s high diversion and discharge rate reflected its unique demographic and party culture. The offences were often at the low end – shoving or a single punch – while the consequences could be as severe as deportation. Many were foreigners on their OE, working in minimum-wage jobs requiring liquor licences, which they could lose if convicted.