Jesse died in hospital 22 days later from head injuries.
After initially denying the charges, Gourlay later pleaded guilty to one count of dangerous driving causing death and 11 counts of dangerous driving causing injury. He was sentenced to six months' home detention and 200 hours' community work and was disqualified from driving for two years. He was ordered to pay $5000 to Jesse's family for emotional harm.
The front left tyre was bald, had only three of five wheel nuts holding it on and had been put on the wrong way. A couch had been put in the rear of the van and a seat reversed to face the rear. A large speaker box provided additional seating, it was heard at the hearing in April.
None of the passengers wear wearing seatbelts.
The group had attended a party in Taupo and were heading back at 2.15am, stopping at two houses in Reporoa. Gourlay had wanted to stay but decided to continue driving after drinking energy drinks and taking caffeine tablets. Jesse was in the front seat with another passenger.
Gourlay texted two separate people with the conversations continuing for 13 minutes, within minutes of the last text he slammed into a bank, skidding and rolling the van.
All 12 were thrown from the van - some landing on the road and ditches on both sides. It was raining and the road was wet.
Dr Bain said any of the contributing conditions could on their own have caused Jesse's death but he particularly identified texting while driving.
"If it wasn't going to be caused by texting it would probably be by fatigue and possibly falling asleep," he said.
He has asked for the Coroner's Court forward his findings to the Ministry of Transport, Minister of Education and the Ministry of Youth Development.