NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Trial begins in Nelson for man accused of raping sleeping partner, kidnapping her

Tracy Neal
By Tracy Neal
Open Justice multimedia journalist, Nelson-Marlborough·NZ Herald·
2 Oct, 2023 04:00 AM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

A five-day trial has started in the Nelson District Court for a man accused of raping and kidnapping his former partner. Photo / Tracy Neal
A five-day trial has started in the Nelson District Court for a man accused of raping and kidnapping his former partner. Photo / Tracy Neal

A five-day trial has started in the Nelson District Court for a man accused of raping and kidnapping his former partner. Photo / Tracy Neal


A man accused of raping his sleeping partner, and then later raping her again on a road trip, says the sex was consensual both times.

The man, whose name is suppressed, is on trial in the Nelson District Court on charges of rape and kidnapping, following the pair’s brief relationship in 2021.

The Crown set out the case today at today’s opening after a jury of eight women and four men were empanelled.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

Prosecutor Ian Murray alleged the woman did not consent on either occasion which led to charges of rape, and that she had at one point been detained against her will, leading to the charge of kidnapping - an umbrella term used to describe someone detained against their will.

The defence, in setting out its position, said it would focus on the man’s view that the woman consented to sexual activity and that he neither detained her, or intended for her to be confined.

The woman had come to New Zealand from China and was in temporary, casual employment when she met the man around June 2021, with whom she was then in a brief relationship.

Murray said it was July 1 that year that she alleged the first rape occurred. She had been asleep when she said the defendant began having sex with her. She woke up and made it clear she did not want to have sex with him.

Advertisement
Advertise with NZME.

“She tried to push him away and get him to stop, but he didn’t,” Murray alleged.

He argued it “goes without saying” that when someone is asleep they do not, and cannot, consent, and that once the complainant was awake she made it clear she did not want to have sex with the defendant.

“For these reasons, the Crown says it must have been obvious what he was doing was not consented to,” Murray said.

Despite this, the pair continued in a relationship and then the defendant moved to the North Island. The complainant then got a job in the fishing industry and met someone else.

Murray said they became close friends, while the woman remained in contact with the defendant.

In November 2021 the man was in Tauranga and invited the woman to visit, from where they planned a road trip back down to the South Island.

Murray said the man booked a cabin for the ferry crossing of Cook Strait, and while the complainant slept he accessed her phone, went through her messages and as a result, became “angry and jealous”.

He said the man had already acknowledged he was wrong in gaining access to the complainant’s phone.

The pair then headed to Kaikōura, and arranged accommodation in separate beds as the relationship was said to have been over by then, as a result of what the man had seen on the woman’s phone.

During the course of the evening, the pair argued. The woman said she was tired and wanted to go to sleep which was when the Crown alleged the second rape occurred.

Advertisement
Advertise with NZME.

Murray alleged the man got into her bed, slapped her, and forced himself on her at which point she froze.

The Crown alleged he had exercised power, control and dominance over the woman, who afterwards had asked to return to Motueka where she was living at the time, but that her request had been ignored.

The man is alleged to have then started to drive to Christchurch, but the woman made it clear that was not where she wanted to go and called the police who then intervened.

Murray said the kidnapping charge arose as a result of the man allegedly having detained the woman, or having hindered her freedom.

Read More

  • Jury to decide fate of Northland uncle accused of raping ...
  • Dunedin taxi driver rape case: Unregistered driver ...
  • Jury finds defendant not guilty of raping drunk woman ...
  • 'I can't take this': Juror's emotional outburst stops ...

The woman was taken to a location in Kaikōura and the man continued on his journey. He was charged the following year and a protection order was put in place.

He has since pleaded guilty to a charge of breaching the order and attempting to pervert the course of justice by contacting the woman and asking her to withdraw her complaint.

Advertisement
Advertise with NZME.

His lawyer Lee Lee Heah said today her client knew it was “very poor behaviour” on his part but he had taken responsibility and had pleaded guilty to charges that arose after the events of which he was accused.

She asked the jury to not be distracted by his subsequent behaviour.

Heah’s short address included that the man believed the woman had consented to the sexual activity, and in relation to the kidnapping charge, he would argue that she was not detained and neither was she confined.

“There was no deliberate intention to do that, and the Crown must prove the charges,” she said.

Heah said that because there were no witnesses to the sexual activity, the Crown’s case depended entirely on the woman’s evidence that was neither “credible nor reliable”.

“This is not a case of stranger rape but an alleged rape that occurred during a relationship,” Heah said.

Advertisement
Advertise with NZME.

The five-day trial before Judge Jo Rielly is being assisted by an interpreter in Mandarin.

Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.




Save

    Share this article

Latest from New Zealand

New Zealand

Kiwi teen loses deportation battle after killing Melbourne motorcyclist in fiery hit-and-run

15 Jun 01:00 AM
New Zealand

Rescuers search for two people after boat capsizes near Pātea

14 Jun 11:38 PM
New Zealand

‘Sink it, for all I care’: Mother calls for crane's removal after son’s fatal fall

14 Jun 11:00 PM

It was just a stopover – 18 months later, they call it home

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Kiwi teen loses deportation battle after killing Melbourne motorcyclist in fiery hit-and-run

Kiwi teen loses deportation battle after killing Melbourne motorcyclist in fiery hit-and-run

15 Jun 01:00 AM

The 17-year-old dragged the rider for 85m before leaving him for dead.

Rescuers search for two people after boat capsizes near Pātea

Rescuers search for two people after boat capsizes near Pātea

14 Jun 11:38 PM
‘Sink it, for all I care’: Mother calls for crane's removal after son’s fatal fall

‘Sink it, for all I care’: Mother calls for crane's removal after son’s fatal fall

14 Jun 11:00 PM
Notorious Kiwi porn boss speaks from US prison cell

Notorious Kiwi porn boss speaks from US prison cell

14 Jun 10:00 PM
The woman behind NZ’s first PAK’nSAVE
sponsored

The woman behind NZ’s first PAK’nSAVE

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP
search by queryly Advanced Search