obtain insurance for his boat<\/a>.<\/p>\nHe lost control<\/p>\n
His lawyer Jarred Scott submitted his client had admittedly lost control, walked away from the situation and was provoked when the child began filming him.<\/p>\n
Justice James Alexander MacGillivray said the facts did not support the submission.<\/p>\n
Justice MacGillivray said Remmerswaal chased the victim and only broke off the second assault as he was attracting public attention.<\/p>\n
\u201cI also reject the submission that there is mitigation with respect to the second incident because the victim filming Mr Remmerswaal should be viewed as provocation,\u201d Justice MacGillivray said.<\/p>\n
\u201cIn context, it is reasonable to infer that the victim was filming Mr Remmerswaal for the purpose of identifying his assailant to make a complaint, and that Mr Remmerswaal was trying to get the phone off him to prevent him from doing that.\u201d<\/p>\n
![\"Quality]()
Quality Street in Whang\u0101rei where Lucas Remmerswaal assaulted a young boy.<\/p>\n
Counsel also submitted the consequence of a conviction would limit Remmerswaal\u2019s ability to work in schools and be \u201cout of all proportion to the seriousness of his offending\u201d.<\/p>\n
Justice MacGillivray said by law, a children\u2019s worker must obtain a police vet to provide services and that vet would disclose the offending \u2013 whether he was convicted or not.<\/p>\n
\u201cPolice vetting checks go beyond a simple police check for whether someone has a record of criminal convictions. The process discloses all police contact with the person vetted,\u201d Justice MacGillivray said.<\/p>\n
\u201cI also agree with the District Court Judge\u2019s conclusion that this is the sort of conviction that a school should properly be able to take into account in assessing whether or not to engage Mr Remmerswaal.\u201d<\/p>\n
Regarding his submissions about obtaining insurance for his boat, Justice MacGillivray said this was based only on Remmerswaal\u2019s personal experience.<\/p>\n
\u201cIt is far from obvious that a conviction for assault, for which no sentence was imposed other than the conviction itself and $500 reparation, would be a barrier to Mr Remmerswaal obtaining property insurance.<\/p>\n
\u201cAs Mr Remmerswaal has failed to persuade me that he will suffer consequences, as a result of conviction, that would be out of all proportion to the gravity of the offending, his appeal fails at the threshold level.\u201d<\/p>\n
Shannon Pitman is a Whang\u0101rei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ng\u0101puhi\/Ng\u0101ti P\u016bkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.<\/p>\n
Join the NZ Herald\u2019s Open Justice team for Case by Case<\/a>, a video and podcast series examining the disputes and decisions making headlines across New Zealand. <\/p>\n","protected":false},"excerpt":{"rendered":"Remmerswaal has published several children\u2019s books and travelled the country giving presentations in schools about financial literacy. The…\n","protected":false},"author":2,"featured_media":570386,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9],"tags":[17704,13851,2511,4749,15970,1332,78,51211,52058,111,139,69,90,15359,281219,213,61,1869],"class_list":["post-570385","post","type-post","status-publish","format-standard","has-post-thumbnail","category-sports","tag-assault","tag-author","tag-child","tag-childrens","tag-conviction","tag-fails","tag-in","tag-lucas","tag-mall","tag-new-zealand","tag-newzealand","tag-nz","tag-on","tag-overturn","tag-remmerswaal","tag-sports","tag-to","tag-whangrei"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/570385","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=570385"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/570385\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/570386"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=570385"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=570385"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=570385"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}