Len Brown's EA to pay $5000 in emotional harm

Courtney Riesterer pleaded guilty to careless driving. Photo / Supplied

The moment Auckland mayor Len Brown's executive assistant ran over a pedestrian in the CBD was a "split-second thing" that she will not lose her licence over, a judge ruled today.

Courtney Riesterer, 39, earlier pleaded guilty to careless driving causing injury over the April incident on Federal St in the city centre.

At sentencing in Auckland District Court today, Riesterer was convicted and fined $5000 in emotional harm reparation. However, Judge Paul Whitehead ruled she would not lose her driver's licence.

Riesterer avoided the mandatory six-month driving ban after she offered the reparation payment, completed a defensive driving course, and underwent restorative justice with her victim, Kimiko Haba.

Riesterer, who stood in the dock dressed in a black dress and suit jacket with her head slightly dipped, was leaving the council's underground carpark on April 17, but did not see Ms Haba, who was taking a photo of the Sky Tower with her back to the exit.

Federal St, which runs beside the Sky Tower, is one of several designated shared spaces where the council has removed the distinction between footpath and road.

"At this intersection the defendant has been careless and not stopped to ensure the way is clear before turning," a court summary of facts said.

Riesterer knocked Ms Haba over with the front right of her black Volkswagen and drove over her, stopping with the victim trapped under her car.

Ms Haba, who has lived in New Zealand for the past 10 years, said her pelvis was broken in four places and her arm in two.

Judge Whitehead said Riesterer's culpability was at the lower end of the scale, and was "one of those split-second things that occur and you could puzzle over for the rest of your life as to how it happened, without finding any answer to it.

"It indicates that all human beings are subject to error, and no one person can escape from that possibility," he said.

He also took into account her good character, after receiving "a considerable number of references" filed in her support.

"It's very clear that you are a person who has received high praise as a wonderful mother, wife and administrator, and you're a person held in high esteem by your family and work colleagues, and for that I'm of the determination that you're entitled to the benefit of your position in society," Judge Whitehead said.

Riesterer had one previous conviction for a similar charge dating back to 1995, he said, but would "put little weight upon that in sentencing today" because it was 20 years old.

Ms Haba, who has previously attended court using a crutch, spent six months in hospital following the incident, and was unable to make a planned trip to Japan.

She had suffered, physical, emotional and psychological harm from the incident, Judge Whitehead said.

Part of Ms Haba's victim impact statement was read to the court by a support person today. In it Ms Haba said she had large scars on her body that she was "very sad about".

"They stand out a lot," she said. "I'm feeling very self-conscious about them."

She worried every day that she would not regain the full use of her arms and legs, following the incident, and her doctor had advised that she may never regain full control of her arm, she said.

This was "very upsetting".

She also missed going for walks, which she said had been a favourite pastime of hers before the incident. She was also struggling with the loss of her independence, and having to rely on others to help her.

Riesterer declined to comment outside court.

The mayor's office has been contacted for comment.