She sought name suppression, which was declined by Judge Kim Saunders.
Spooner, a mother of four, told a pre-sentence report writer that she blamed her former husband and his alleged methamphetamine addiction for her offending, as his relapse put financial pressure on the household.
The judge noted Spooner’s comments in a report where she stated the extra payments gave her a feeling of security, “even though you knew it was wrong”.
Spooner applied for the sole parent support benefit in January 2020 after advising the Ministry of Social Development that her marriage had ended and her husband had moved out.
She received money from January 28, 2020 until March 20, 2023, when she stopped it.
However, she applied for it again, and it was granted from August 2, 2023, until she stopped it again on February 12, 2024.
As a result of information received, the Ministry of Social Development found that Spooner had reconciled with her husband after a month.
During the relevant periods, the ministry found that Spooner had received credits totalling $286,316.21.
When questioned on August 23, 2023, she confirmed she knew her obligations and had asked her husband to leave due to addiction issues.
She said her husband returned after the birth of their youngest child on February 25, 2020.
She had access to their joint account and would transfer money into her individual accounts for bills.
Her husband assisted her financially “with what was required”.
She told the investigator that there had been difficult times but “accepted to emotional interdependence and supporting her husband through his addiction”.
“The defendant advised that their high living costs and the uncertainty of her marriage contributed to her not advising the ministry of the reconciliation.”
However, Spooner declined to comment on why she offended a second time, other than saying it was “an emotionally difficult time”.
Hope Amy Spooner stood for the Better Waipā team as a Cambridge Ward candidate for the Waipā District Council in last year’s elections. Photo / Waipā District Council
As a result, the Ministry of Social Development was seeking repayment of $107,132.84, combining her benefit overpayment with accommodation supplements, temporary additional support, the special needs grant, the disability allowance and the winter energy payment.
The ministry would now use its statutory powers to get the money back.
Spooner was yet to start repayments.
Crown prosecutor Matthew Temm accepted that the sentence would likely be either community or home detention.
He also accepted that Spooner was responsible for four children and that their care would be a priority.
Temm opposed permanent name suppression.
Hope Amy Spooner, 34, leaves the Hamilton District Court today. Photo / Belinda Feek
In discussions with Spooner’s counsel, Scott McKenna, Judge Saunders said it was hard to read his client’s remorse letter without her appearing to pass the blame.
“It’s hard to read her letter without the inference that, ‘but for what my husband was doing, I wouldn’t have offended’.
“In other words, he’s to blame,” she put to him.
McKenna said his client “did do it and she has taken responsibility for it”.
As for suppression, it appeared her court appearance had been mentioned “online” at some stage, which was “particularly embarrassing” for his client, but that was “irrelevant” to the suppression discussion.
Judge Saunders said Spooner’s premeditation was self-evident, particularly the second time.
“It was over a nearly four-year period with an overpayment of $107,000 and is a breach of trust, given the welfare system relies on honesty.”
Spooner also produced a letter of support from Hamilton City Council councillor Andrew Bydder.
But, the judge said, the councillor had only known Spooner for two years and that was post-offending.
After taking a starting point of two years, she allowed 15% for her guilty pleas and 5% for remorse.
However, she decided against issuing a credit for previous good character.
“A lack of previous convictions is an aggravating factor personal to you, and I am not persuaded that good character should, in these circumstances, be persuasive of a discount.”
She sentenced Spooner to the maximum six-month community detention term, together with 14 months’ intensive supervision.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 11 years and has been a journalist for 22.