An ANZ Bank manager who increased his own overdraft from $2000 to $100,000 without permission has avoided a conviction.
Nicholas James Clapshaw Neutze pleaded guilty to accessing a computer for a dishonest purpose.
The 27-year-old law graduate worked at ANZ as a relationship services manager for two and a half years.
Between December 2016 and February last year, he dishonestly used his authority to access his personal bank account over 10 separate occasions and increase his overdraft limit from $2000 to $100,000.
He drew down on the money, owing $89,190 in March last year. The funds have since been repaid.
The police prosecuted Neutze, who pleaded guilty, and earlier this year District Court Judge Nicola Mathers discharged him without conviction.
The police appealed to the High Court and appeared before Justice Timothy Brewer last month for that challenge.
The police argued the sentencing judge had overlooked the impact of the offending on the victim and that Neutze had been charged with driving with excess breath alcohol earlier this year.
The police highlighted ANZ's victim impact statement, which said the bank "relies heavily on customer trust and confidence through its integrity and credibility".
Dishonest activity, the bank said, undermined its reputation "negatively impacting upon customer trust and confidence".
"However, no aspect of customer trust and confidence arises. Mr Neutze's dishonest activity related only to his own account. Further, the victim impact statement does not allege there was any negative impact on customer trust and confidence," Justice Brewer said.
While Neutze had appeared before the courts on a drink driving matter - and been discharged without conviction - and was now facing a further charge, it did not matter in this case, the judge said.
"The offending against ANZ Bank had nothing to do with driving with excess breath alcohol," Justice Brewer said.
Justice Brewer dismissed the police's appeal.
Neither Neutze nor ANZ wished to comment to the Herald.