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Criminal Law

Criminal Defence Lawyers in Tauranga

Being charged does not always mean being convicted. We give you calm, strategic representation from the first Police contact through to the conclusion of your case.

Facing a criminal charge can feel overwhelming. A conviction can carry life-changing consequences for your work, travel, immigration status, and reputation. At Hine Eagle we provide steady guidance and strong advocacy so you don't face the system alone.

Our lawyers have experience defending clients in the District Court, High Court, Youth Court, and Court of Appeal. We understand how Judges, Prosecutors, and Police tend to approach cases, and we use that insight to prepare you for what lies ahead.

Criminal Defence

What we cover

  • Police interviews, custody visits, and first appearances
  • Bail and name suppression applications
  • Assaults, dishonesty offences, sexual and drug charges
  • Traffic and drink-driving cases, including limited licences
  • Serious matters such as conspiracy, complex trials, and appeals

Why it matters

Being charged does not always mean being convicted. Many cases are resolved without trial through negotiation, diversion, or alternative outcomes such as a discharge without conviction. We also highlight the real-world consequences of a conviction (job loss, visa issues, or travel bans) to ensure your future opportunities are considered in every decision.

How we help

From the moment of Police contact to the conclusion of your case, we provide calm, strategic representation. We fight for outcomes that minimise long-term harm, whether that's through defending the charge, reducing the penalty, or securing an alternative resolution.

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Discharge Without Conviction

A discharge without conviction means the Court decides not to record a criminal conviction, even if you plead or are found guilty. This can protect your job prospects, travel plans, visa applications, or professional standing when a conviction would be disproportionate to the offence.

When it's an option

This is not available for every case. You need to plead guilty or be found guilty first, and the Court must decide that the consequences of a conviction, like deportation risk or career loss, are far worse than the offence itself.

What the Court considers

  • The seriousness or gravity of the offending, including aggravating or mitigating factors such as prior history, remorse, or first-time status
  • The direct or indirect consequences of a conviction, such as inability to travel, loss of employment, immigration consequences, or reputational harm
  • Whether a discharge is a just and proportionate outcome given the context

How the process works

You generally plead guilty and then make the application. Our team supports you with evidence (employer letters, immigration notes, or medical reports) and strong legal submissions showing why a conviction would be excessive given the circumstances. We build a custom case, help you prepare supporting affidavit evidence, and advocate clearly for why a conviction is the wrong outcome for you. That comes from real court strategy, not wishful thinking.

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Community Based Sentence Applications (section 94)

Section 94 of the Land Transport Act 1998 lets the Court swap a further period of driving disqualification for a community-based sentence, usually community work. It is aimed at avoiding long stacks of disqualifications where that would do more harm than good.

When section 94 is available

You must have been disqualified by a Court before, so it is not available for a first offence. It is often used with driving while disqualified or suspended, or similar traffic charges, where another disqualification would seriously affect work or rehabilitation.

  • Your history of disqualification and the current charge
  • Why a further disqualification would have significant practical impact, for example keeping a job or meeting family obligations
  • Whether a community-based sentence would still hold you to account and promote rehabilitation

The Court has discretion. It will only substitute community work if that is a better fit than more disqualification in the circumstances.

The process in practice

Applications commonly run alongside a guilty plea and are set down for a short hearing. You will usually need supporting material: employer letters, proof of hours or travel needs, and any rehabilitation steps. Section 94 matters can involve two appearances, one for the plea and one for the application. We check eligibility, line up the right evidence, and prepare focused submissions, and can advise on alternatives such as a limited licence or discharge without conviction where those are a better fit.

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Limited Licence (Work Licence)

A limited licence, often called a work licence, is a special Court order that lets you drive during a disqualification period. It's designed for people who genuinely need to drive for essential reasons, usually work, family responsibilities, or medical needs.

Who can apply

You can apply if you've been disqualified from driving by the Court (criminal disqualification) or by NZTA because of demerit points (civil disqualification). Limited licences are not available for the most serious driving offences, like repeat drink driving within certain timeframes.

What you need to show

  • You or your dependants would suffer extreme hardship if you could not drive, for example losing your job, being unable to care for family, or missing medical treatment
  • Granting the licence would not put public safety at undue risk. Conditions will be tailored to reduce any risks.
  • Specifics about when, where, and why you need to drive, such as your work hours, routes, and vehicle details

Applications are made to the District Court. They usually require an affidavit from you, supporting letters such as from an employer, and draft licence conditions. Police and NZTA are given the chance to comment, and the Court decides whether to grant the order and on what terms.

How we help

We check whether you are eligible, draft the paperwork and the proposed conditions, and gather strong supporting evidence. We then represent you in Court, presenting a responsible, tailored case that gives you the best chance of success while addressing the Court's concern for public safety.

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Diversion (Police Discretion)

Diversion is a tool used by the Police Prosecution Service to steer low-level offending away from formal court proceedings. It's entirely at their discretion, but can be a great option when you accept responsibility and want to avoid a recorded conviction.

How it works

First, Police Prosecution Service decides whether your charge is eligible, usually a minor offence without serious risk. If they're open to diversion, the charge is remanded to allow time for a diversion interview at your local police station. You must admit the offending and show genuine remorse.

Common requirements

  • Writing a letter of apology or remorse
  • Offering emotional harm reparation to anyone affected
  • Completing a relevant programme, like defensive driving if it's a driving matter

If you've already received a diversion or discharge without conviction, Police Prosecution Service will usually decline to offer it again. Charges with mandatory consequences, such as drink-driving or dangerous driving, are not eligible.

How we help

We assess whether diversion is a realistic option for you, advise on how to demonstrate genuine remorse, and help you prepare for the interview. Diversion is never guaranteed, but we will give you the best possible chance of a positive outcome.

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Common questions

Criminal Law Questions

Can I get Legal Aid for a criminal charge in Tauranga?

Legal Aid is available for eligible clients. Note that you can only choose your own lawyer if your charge is very serious. Hine Eagle offers Legal Aid in both Criminal and Family law, and several of our lawyers are recognised senior Legal Aid providers.

What is a discharge without conviction?

It means the Court decides not to record a criminal conviction, even though you pleaded guilty or were found guilty. You must plead or be found guilty first, and the Court must be satisfied that the consequences of a conviction would be out of all proportion to the gravity of the offending.

Can I still drive if I have been disqualified?

You may be able to apply to the District Court for a limited licence, sometimes called a work licence, if you or your dependants would suffer extreme hardship without being able to drive. Limited licences are not available for the most serious driving offences, such as repeat drink driving within certain timeframes.

What does a criminal lawyer cost?

An initial criminal consultation is $420 + GST for one hour, and criminal defence work is charged at $420 + GST per hour. Legal Aid is available for eligible clients. Our full fee schedule is published on our fees page.

Should I talk to the Police before getting a lawyer?

Get advice first. We assist with Police interviews, custody visits and first appearances, and what happens at that early stage can shape the whole case. Call us on 07 578 6032.

Talk to a criminal lawyer today

Tell us what is going on and we will tell you where you stand. We are in Tauranga, monday to friday, 8:00 am to 4:00 pm.