Pineaha had been intoxicated, high on methamphetamine, and before hitting Emma-Jane was travelling at a speed between 88km/h and 100km/h and on the wrong side of the road.
The impact threw Emma-Jane 25m away on to a grass verge beside Ron Giorgi Park. She died at the scene despite efforts to save her.
“It’s been one hell of a year,” Davis said, reflecting on the time that had passed since her daughter’s death.
“Knowing our baby was taken from someone else’s hands is the hardest feeling ever.”
Pineaha pleaded guilty to Emma-Jane’s manslaughter and related charges and was sentenced to four years and five months in prison in the High Court at Napier last July.
“Life’s been hard,” Davis said.
“We’re missing a child, a moko, a sister, a best friend, a cousin and a niece.”
She described the weight of the last year as overwhelming.
“Emma was a bright beautiful child … with the biggest smile ever. A cheeky smart sister to her siblings, a loving child to us,” Davis said.
“We miss her so much.”
Emma-Jane’s sister, Saige, saw the crash that killed her younger sibling.
“She still has nightmares about the day she witnessed her sister’s life taken right in front of her,” Davis said.
“It doesn’t get easier for us … our children don’t bike anywhere any more.”
The family says Pineaha’s sentence felt like a further blow.
“Four and a half years but she could be out in 18 months … it’s a joke,” Davis said.
“It’s like my daughter’s life didn’t matter … where’s the justice? Not just for my Emma but for my other daughter, Saige. The law system failed us.”
Under New Zealand law, offenders sentenced to more than two years become eligible for parole after serving one-third of their sentence, unless the court sets a longer minimum non-parole period.
“There will be no closure till we get what my baby deserves.”
Shannon Davis with her daughter Emma-Jane Sylvia Kupa.
Davis believed no safety improvements had taken place on Chatham Rd since Emma-Jane’s death.
“People are still speeding and acting stupid on the road,” she claimed.
A Coroner’s report issued last September determined no further inquiry was needed because all necessary matters had been established through the criminal proceedings.
Davis said the family was waiting to meet with the Hastings District Council about establishing a pedestrian crossing where Emma-Jane was killed.
The council told Hawke’s Bay Today the crash was complex and the police investigation had found the road environment would not have prevented the tragedy.
“Council has, however, undertaken a speed count on this road, which showed that generally vehicle speeds were within acceptable limits,” a council spokesperson said.
Another count was planned for February to see whether results were different.
“This will give more information on the prevalence of speeding issues in this area, and whether installing speed humps would be justified.”
The council spokesperson said regardless of the location, speeding was seen sporadically across the district.
“The single most effective way to prevent harm is for driver behaviour to change.”
Emma-Jane’s father, George Kupa, urged drivers to slow down.
“Just imagine if it was your child,” he said.
Kupa said the family had managed the loss of Emma-Jane only by “sticking together as one”.
The family will celebrate the anniversary today with a balloon release and a community gathering to remember Emma-Jane at the crash site about 5pm.