A pioneering entrepreneur’s attempted $400,000 vehicle-rebate rort has left his career in tatters — but he has vowed to fight on.
Hamish Ian Gardyne, 36, appeared in the Dunedin District Court yesterday where he was sentenced to nine and a-half months’ home detention and 200 hours’ community work for using a document for a pecuniary advantage.
The conviction for HVS Motors’ former owner means his vehicle-trading registration will be cancelled and he will be barred from such work for five years.
In a statement, Gardyne came out swinging against prosecutor NZ Transport Agency Waka Kotahi (NZTA).
The defendant said he had pleaded guilty to shield his young family from him being imprisoned and he did not accept the agency’s version of events.
“I am now stepping aside from the business leadership to pursue legal avenues that hold NZTA’s conduct to account, supported by extensive evidence of targeted, heavy-handed enforcement to cover for wider regulatory failings,” Gardyne wrote.
In March, Judge David Robinson rejected an application for a discharge without conviction despite acknowledging the impact on the defendant, his family and businesses would be “catastrophic”.
He said the bid to exploit the clean-vehicle rebate scheme was “out-and-out fraud”, and to allow Gardyne to continue trading would lead to a lack of public confidence in the justice system.
The judge had delayed the hearing by six months to allow Gardyne time to sell the business.
While there was no indication as to whether that had occurred, counsel Mai Chen said the adjournment had been “very helpful”.
According to the Companies Office, the man removed himself as a director and shareholder of Hamish’s Vehicle Solutions Limited in June and installed his wife.
Gardyne, who grew up on a sheep and cropping farm in Gore, told the Otago Daily Times in a 2021 interview about starting his first business at 19.
It began with an office, a workshop and seven staff in his hometown before rapidly expanding to three branches and 40 employees, which Gardyne called “pretty reckless growth”, later taking a large portion of the South Island’s market share.
“Fundamentally, I do business because I enjoy the business side of it,” he said.
An NZTA summary of facts outlined how the defendant imported 10,050 vehicles between 2019 and 2023, 1380 of which were Nissan Leaf electric cars.
Under the Clean Car Rebate Scheme, owners can apply for cash back on the condition the vehicle is not sold or offered for sale within three months of registration, or if it is used as a demonstration vehicle.
In March 2023, Gardyne registered 119 Nissan Leafs and completed the paperwork for a rebate of $410,550.
He was paid only a single sum of $3450 because applications had to be made for each individual vehicle.
Within days, the court heard, Gardyne had arranged to ship 45 of the cars to Hobart, and in April, he organised for another 45 to head across the Tasman.
Meanwhile, he contacted NZTA requesting an update on his rebate application, which had not yet been processed.
When he was interviewed by NZTA on May 11 that year, he stated the “vast majority” of the 119 cars were in Christchurch, Invercargill and Dunedin, and though he did not know specifically where they were, he said his staff would.
The cars were being used as “demonstrator vehicles”, Gardyne claimed, loaned to members of the public for free for a week as part of a special promotion.
He told NZTA he had an oversupply of the vehicles and they would be sold at the end of the three-month period.
Judge Robinson said those statements were “misleading”.
In September 2023, Gardyne repaid the $3450 — the only rebate he had received — and, through his lawyer, withdrew all other applications.
Prosecutor Ben Finn said the crime was driven by greed.
“This was a deliberate attempt to take advantage of and defraud this rebate scheme,” he said.
While Gardyne had no previous convictions, Mr Finn stressed a traffic history that stretched to “some pages”.
The judge accepted it suggested a “cavalier approach to road safety”, but said it did not detract from the defendant’s character.
Ms Chen stressed her client had done 90 hours of voluntary work since December.
Rebate rort
Mar 7-9, 2023: Gardyne registers 119 Nissan Leaf vehicles.
Mar 9: Applies for clean vehicle rebate of $410,550, stating they will not be sold within three months.
Mar 15-23: Gardyne arranges shipping of 45 electric cars to Australia.
Apr 11-15: A second group of 45 Nissan Leafs is arranged to be sold overseas.
Apr 12: Gardyne requests an update from NZTA as to his rebate.
May 11: Tells NZTA officials “vast majority” of the cars are in the South Island.
Sept: Gardyne withdraws the rebate application through his lawyer.
Mar 2025: Discharge without conviction rejected, defendant is given six months to sell the business.
Sept: Gardyne is sentenced to nine and a-half months’ home detention and 200 hours’ community work.