Case update: R v Reid – sentencing and resentencing

The decisions in R v Reid [2026] NZDC 22874 and R v Reid [2026] NZDC 9363 arise from a prosecution under New Zealand's Resource Management Act 1991 (RMA) and Building Act 2004 relating to a rural property at Aongatete, Bay of Plenty. The cases show a relatively rare approach, with a first sentencing decision being revisited, following the defendants' failure to pay the fine imposed.

Background and offending

In September 2025, four members of the Reid family were sentenced following conviction on 23 charges. The offending concerned:

• the use of rural land for multiple unconsented dwellings
• operation of a home enterprise without consent
• carrying out building work without consent
• failure to comply with abatement notices and a notice to fix.

The Court found the offending was deliberate. It also found there had been no real attempt to comply with Council requirements and no real co-operation with the Council during the period of the offending and up until trial.¹

September 2025 sentencing

The Court adopted individualised starting points for each defendant, agreeing with the Crown that any penalty was to be imposed on an individual basis rather than globally, irrespective of the relationships between the defendants. The Court noted that fines needed to reflect the overall family circumstances, including that the defendants resided together on the property.²

An enforcement order was also made under section 339(5) of the RMA requiring the defendants to cease further non-complying activity and bring the property into compliance, including by disestablishing additional dwellings within specified timeframes.³

The Court noted that the Reids would be jointly and severally responsible for complying with the enforcement order. It took the view that the enforcement order was a significant element of sentencing, and that the end sentences needed to be adjusted to reflect that reality.⁴

Fines were imposed as follows:

• Bhadra Reid – NZD32,760
• Bianca Reid – NZD27,720
• Dhruva Reid – NZD39,000
• Jason Reid – NZD39,000

The defendants indicated at sentencing that the fines would be paid, including with assistance from a third party. The Court proceeded on that basis, while noting that there were indications the family was of very limited means. Given this, the Court imposed a deadline for payment of the fines by 4pm on 3 October 2025.⁵

Resentencing in May 2026

Following the defendants' failure to pay the fines, the Crown applied for resentencing.⁶

At the resentencing hearing, the defendants indicated that they would each be able to pay only a fine of NZD1,250 each. The Court found that a fine at a level the defendants were able to pay would not sufficiently reflect the seriousness of the offending or the need for deterrence.⁷

The Court observed that it was required to impose the least restrictive appropriate sentence, and that there is no formal mechanism for converting a fine into community work or community detention. It therefore undertook a fresh assessment of sentence, taking into account the earlier sentencing notes and updated information about each defendant’s circumstances. The Court cancelled the original fines and imposed new sentences comprising a reduced fine and community-based penalties. Each defendant was fined NZD1,250, and the following additional sentences were imposed:⁸

• Bhadra Reid – 175 hours’ community work
• Bianca Reid – six months’ community detention
• Dhruva Reid – 250 hours’ community work
• Jason Reid – 225 hours’ community work

The type and level of community-based sentence was determined individually, based on factors including health, caregiving responsibilities, and suitability for monitoring.

The enforcement order remained in place at resentencing.⁹ The Court declined to amend the restriction on further dwellings, notwithstanding submissions referring to recent legislative change. However, a short extension of time for compliance was granted, and the order was amended so that all relevant matters were to be brought into compliance by 30 July 2026.¹⁰

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¹R v Reid [2026] NZDC 22874 at [47] and [58]
²R v Reid [2026] NZDC 22874 at [33] and [36]
³R v Reid [2026] NZDC 22874 at [128]
⁴R v Reid [2026] NZDC 22874 at [36]
⁵R v Reid [2026] NZDC 22874 at [122] and [126]
⁶R v Reid [2026] NZDC 9363 at [1]
⁷R v Reid [2026] NZDC 9363 at [9] – [11]
⁸R v Reid [2026] NZDC 9363 at [36], [38] and [16]– [27]
⁹R v Reid [2026] NZDC 9363 at [29]– [30] and [39]
¹⁰R v Reid [2026] NZDC 9363 at [34]– [35]