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Home / Northern Advocate

Northland drink-driving: Family calls for stricter laws despite drop in repeat offenders

Karina Cooper
By Karina Cooper
News Director·Northern Advocate·
28 Dec, 2020 05:00 PM6 mins to read

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Janiah Fairburn, right, and her daughter Azarliyah Hadfield were killed by a drunk driver near Topuni last year. Photo / Supplied

Janiah Fairburn, right, and her daughter Azarliyah Hadfield were killed by a drunk driver near Topuni last year. Photo / Supplied

The family of a Northland mother and toddler killed in a crash caused by a teenage recidivist drink-driver say the region's drop in the number of drink-drivers with three or more convictions is positive - but even one would still be too many.

They have called for stricter laws
to shield other Kiwis from the grief bred by avoidable deaths.

But changing the behaviour of drink-drivers has a more complex solution than harsh legal deterrents alone, a Northland alcohol and other drugs expert says.

A steady downturn in the number of recidivist drink-drivers with three or more convictions in the last decade in Northland meant the region has one of the country's lowest figures overall.

In Northland 3532 people have been charged with drink-driving three or more times in the last 10 years.

Janiah Fairburn, 20, and her 2-year-old daughter Azarliyah died on the SH1 roadside near Topuni after their people mover was hit head on by Auckland teen Aizaeah Kori-Lee Tarawa's silver sedan in March last year.

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Tarawa, 19 at the time, had an alcohol level more than three times the legal limit when he drifted across the centreline at a speed of 110km/h and slammed into Fairburn's car, carrying her entire family.

Fairburn's partner, Henare Hadfield, also 20 at the time, received broken ribs and a punctured lung and their 1-year-old son, Te Tairawhiti, suffered spinal injuries.

A breath test revealed Tarawa had a breath alcohol level of 768 micrograms and by law, should not have had any alcohol in his system whatsoever when he drove.

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He was charged with two counts of driving with excess breath alcohol causing death and two charges of excess breath alcohol causing injury.

Tarawa pleaded guilty to the charges and was sentenced to four years and three months in prison.

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Fairburn's family were devastated when Tarawa's sentencing in the Whangārei District Court revealed the teen already had two previous drink-driving convictions when he killed the young mother and baby.

The family's Christian value of forgiveness was heavily challenged by the news, Fairburn's uncle and Kaiwaka Revival Church pastor Tawhiri Littlejohn said of the agonising moment.

"It is disappointing - the system didn't work," he said. "Because if there were, in my opinion, stricter laws around reoffending it could save someone's life."

Tawhiri Littlejohn wants stricter laws to stop recidivist drink-driving from taking the lives of innocent roadusers. Photo / supplied
Tawhiri Littlejohn wants stricter laws to stop recidivist drink-driving from taking the lives of innocent roadusers. Photo / supplied

In New Zealand it is against the law to drive if you have consumed more than the legal alcohol limit, which is 50 milligrams per 100 millilitres of blood or 250 micrograms of alcohol per litre of breath.

If you are under 20 there is a zero alcohol limit, meaning if you drive after consuming even one drink you can be charged with drink-driving for the third or subsequent time.

University of Auckland law expert Bill Hodge said mitigating and aggravating factors - such as the seriousness, nature of previous convictions, age, early guilty pleas - could impact sentencing outcomes.

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But "every judge keeps the Sentencing Act 2002 close at hand", Hodge said.

From the start of 2010 to October 14 this year Northland recorded a 58 per cent decrease in the number of convicted recidivist drink-drivers with three or more convictions.

In 2010 there were 474 people charged that waned to 196 in 2020.

The region contributed around 7 per cent to a national total of 51,448 of Kiwis who had been charged with their third or subsequent drink-driving offence - the youngest aged just 16.

Across the country 6422 people were charged in 2010, a figure that tracked down steadily over the decade to 2610 people in 2020.

The majority of female offenders were aged 45 and 29-year-old males were the most offenders recorded.

The youngest repeat offenders were two 16-year-olds - a male and a female - and the oldest an 86-year-old man.

REPEAT OFFENDERS - DRINK-DRIVERS BY DISTRICT

Counties Manukau 6130 people charged with 3+ drink driving offences

Bay of Plenty 6076

Canterbury 5594

Waitemata 4867

Waikato 4761

Eastern 4456

Central 4253

Wellington 3979

Northland 3532

Auckland City 3168

Southern 2685

Tasman 1947

Total 51,448

Littlejohn commended the actions of police and programmes designed to rehabilitate recidivist drink-drivers, which he believed had contributed to Northland's decline in people reoffending.

But despite the drop in local rates more still needed to be done.

"It's always a positive but still even one reoffender can cause a family a lifetime of pain," Littlejohn said. "The laws are too light."

He suggested a lifetime ban on driving for people on their second drink-driving conviction.

"A lifetime ban is nothing compared to someone losing their life."

Breaking the cycle of recidivist drink-driving and alcohol dependence isn't a matter of "just stop", Drive Soba Programme (DSP) facilitator and Alcohol and other drugs practitioner Sarah Jarman said.

Jarman described how physiological factors through to social and cultural influence a person to consider drink-driving.

"Many factors have influenced this person's often extensive journey," she said. "It's about identifying what role alcohol has in the person's life, what positive effect it has had for people, and exploring and finding solutions to this that are meaningful for each person."

The Drive Soba Programme (DSP) is a Northland District Health Board evidence-based drink-driving programme to reduce repeat offending. It is specifically targeted for people with three or more drink-driving charges and has a success rate of around 88 to 92 per cent.

The programme is delivered in 13 sessions, 12 in a group setting for two hours once a week and one individual session.

DSP participants filled knowledge voids about alcohol, empathy, how to adequately plan, peer pressure, develop alternatives and anti-social attitudes.

Jarman said the programme also focused on responsivity, treatment integrity and relapse prevention.

"DSP operates with the understanding that all principles need to be included for an intervention to be effective in reducing re-offending."

The feedback from participants and DSP's success rate showed change is possible.

"I think all of our DSP clients would agree that they do not like the consequences of their drink driving behaviours," Jarman said. "They often advise that they wish they had received the information sooner so they could have acquired the skills and education to avoid lengthy legal EBA (excessive breath alcohol) histories."

WHERE TO GET HELP FOR YOURSELF OR A LOVED ONE:

Drive Soba Programme (DSP) facilitator and alcohol and other drugs practitioner Sarah Jarman recommended people call -

The Alcohol & Drug Helpline 0800 787 797.

SAID – Stop Alcohol Impaired Driving 021 942 262, for first or second convictions or for people who want to help for drink-driving behaviour before their situation escalates.

The police 105, or anonymously via Crimestoppers on 0800 555 111.

Or if a person knows someone who is drink-driving an appropriately timed conversation to share concerns and offer support for the person to engage in treatment.

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