During his crime spree, Herbert targeted Bunnings stores in the Waikato, including Te Rapa, Kahikatea Drive, Te Awamutu, Cambridge, and Te Aroha.
When he was eventually banned from Bunnings two years later, he stole his cousin’s driver’s licence to get a One Card Visa which enabled him to buy pillows, a games console, and household items, through Layby, Afterpay, Oxpay, and Genoapay. He even used it to pay outstanding debts he owed using the same credit card.
Police searched his house and found the majority of the property.
He was arrested and granted bail but then disappeared for five years and went on to defraud more than $4000 worth of goods from Bidfood, before eventually being caught drink driving on Ōhaupō Rd on October 12, last year, with a breath alcohol level of 823mcg. The legal limit is 250mcg.
Through his counsel, Rob Quin, Herbert said he was relieved at being caught, as he had been “looking over his shoulder” during the years he had been on the run.
It’s not Herbert’s first time in a courtroom. In December 2016 he was sentenced to 120 hours’ community work on the same charges of using a document for pecuniary advantage after, in his role as a courier driver, he stole Farm Source cards being sent to clients.
‘Adverse credit history’
That same year Herbert tried to open a Bunnings trade account under the name Herbert Foundation Builders but it was rejected as he had an “adverse” credit history.
Two years later, on March 7, 2018, he tried using his mother’s details under the name Herbert and Co Trading, but that was also rejected by Bunnings.
Not deterred, Herbert tried again under the name Herbert Contracting Ltd and it was accepted, and he was given a $15,000 credit limit. He went on to swiftly max out that credit, making 27 purchases.
The following month, he bought multiple generators, lawnmowers, food, tools, a wood heater, and even children’s toys from the various Bunnings Waikato branches.
The account was eventually stopped as no payments had been made.
Herbert emailed Bunnings, using his mother’s details, and claimed payment of the $15,000 would go through overnight and he was given more credit. In May he went on to buy multiple lawnmowers and generators, making more than 35 purchases.
The following month, he set up an account using the details of a real person under Herbert 2017 Ltd which was accepted and he was given another $15,000 in credit.
The offending continued into July when his account was shut down.
However he again emailed to say payment would go through overnight, and successfully asked for a $25,000 credit. He again maxed that out on various items, including decking material, before asking for an increase to $40,000 but that was declined.
On July 24, 2018, he made a fifth application using a real person’s name under Herbert Development, requesting a $40,000 credit but was again declined.
In total, he clocked up $43,347.26. None was repaid.
The following month, he stole his cousin’s driver’s licence after drinking with him in a motel and used it to get the One Card Visa to make multiple purchases and also apply for a rental property.
After being caught and released on bail Herbert went on the run. It was during this time he in 2020 he set up an account with food wholesalers Bidfood by posing as a business owner of “Fresh Faze Cuts”, using his own driver’s licence.
Between May 25 and June 3, 2020, multiple purchases were made for meat, drinks, baking goods, and cutlery. After a failed transaction, Bidfood investigated the company only to discover that it didn’t exist.
Herbert emailed Bidfood to say the outstanding money had been paid and sent a screenshot, however, the company found that was also fake. In total, he spent $4130.56.
He was then caught again, this time drink-driving.
‘He hasn’t told his employer yet'
Quin said Herbert was remorseful and while he couldn’t afford to pay all the money back, he suggested a smaller amount if he was sentenced to home detention.
The only issue was that he hadn’t told his employer about his latest antics.
“He accepts that’s a conversation that will need to be had,” Quin said.
“Hopefully those discussions go well for him,” he said.
However, Judge Clark was dubious about him paying reparation given his criminal history, stating “I don’t have a great deal of faith that would happen”.
Quin said Herbert had “effectively been on the run for the last five or six years and has had it hanging over him but to his credit, he hasn’t offended again in a similar way again”.
Quin attempted to address the judge on how easy it was for his client to get credit, but Judge Clark shut him down as the company had declined Herbert an account several times.
“I do not place any blame for what Mr Herbert has done here at the feet of Bunnings.”
‘High level of entitlement and greed’
Judge Clark said Herbert’s offending was determined and repeated over an extended period of time “effectively so he could get whatever he wanted at someone else’s expense”.
“What he kept or sold is unclear ... but ripping off his own relation for his own benefit is really in and of itself a breach of that person’s trust.”
Judge Clark said his offending involved a “high level of entitlement and greed” while the “losses were significant”.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 10 years and has been a journalist for 21 years.
