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Home / New Zealand

Ute driver admits dangerous driving causing workmate’s death, injuries to another

Ric Stevens
By Ric Stevens
Open Justice reporter·NZ Herald·
22 Jun, 2023 06:00 AM4 mins to read

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Tahu Henare had driven the ute on to Waimarama Beach. Photo NZME

Tahu Henare had driven the ute on to Waimarama Beach. Photo NZME

A group of workmates were drinking alcohol and riding on the outside of a ute at a Hawke’s Bay beach before two of them fell off, suffering head injuries, and one died.

When members of the public arrived at the scene, the ute’s driver, Tahu Henare, told them: “I’ve killed my bro.”

Hayden Barnden, 38, the man who died, fell off the ute’s open tailgate after it was driven off the beach and along Harper Road at Waimarama on the evening of October 10, 2022.

He died at the scene from traumatic brain injuries.

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The other man who fell was flown to Wellington Hospital, also with serious head injuries, but survived.

Henare, who was 27 at the time of the incident, was charged with two counts of dangerous driving, one causing death and one causing injury.

Henare, who was breath-tested at the scene and found to be under the legal driving limit, pleaded guilty to both charges in the Hastings District Court on Thursday.

Crown prosecutor Cameron Stuart said that Henare and the two victims all worked together for a steel fixing company, travelling around New Zealand and staying in rented accommodation.

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While working in Hawke’s Bay they were based at a house in Waimarama.

On October 10, 2022, they finished a job installing water tanks for the Hastings District Council and decided to have some drinks to celebrate.

Henare, who only had a learner’s licence, drove the Ford Ranger double-cab ute owned by their employer along the beach, where they stopped to drink alcohol and play games before leaving at about 7.30pm.

One man was seated on the ute’s roller lid, the two victims were on the open tailgate, another colleague was on the driver’s side running board and Henare’s partner was on the running board on the passenger side.

As the ute drove up the accessway to the beach, Barnden got off the tailgate. Stuart said it was not known whether he did so deliberately or fell off.

He fell forward onto his arms, got up and walked towards some bushes, where he fell a second time.

Stuart said Barnden was so intoxicated that he did not try to break his fall.

He was helped back onto the tailgate and Henare drove away from the beach, turned right into Harper Road and headed towards their accommodation.

Closed-circuit video footage showed Henare was driving at about 30km/h.

As the ute entered a left-hand bend, the two men riding on the tailgate fell off.

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The others from the ute and passersby went to help, and police arrived a short time later, but Barnden died at the scene.

Henare told one of the members of the public repeatedly, “I’ve killed my bro”.

He also said that when he came around the corner, he “went to brake but hit the accelerator instead”.

Judge Bridget Mackintosh remanded Henare on bail for sentencing in August and ordered a pre-sentence report “with all options”.

She also ordered restorative justice, which typically involves a meeting between an offender and victims, at which apologies can be offered and decisions made about how to put right the harm that has been caused.

Ahead of that meeting, defence counsel Eric Forster requested that Judge Mackintosh defer entering convictions for Henare, saying he intended to make a Section 106 application.

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Such an application under Section 106 of the Sentencing Act potentially could allow for a discharge without convictions.

Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined NZME’s Open Justice team in 2022 and is based in Hawke’s Bay. His writing in the crime and justice sphere is informed by four years of front-line experience as a probation officer.


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