A long-serving Nelson city councillor will return to full council duties next week after the High Court discharged him without conviction on a family violence charge, overturning an earlier decision that threatened his political career.
Tim Skinner, 53, a fifth-term councillor and former mayoral candidate, had pleaded guilty to a representative charge of breaching a protection order by unauthorised contact. The breach stemmed from a series of text messages and a bouquet of flowers left at his former wife's address following their separation.
In a decision released today, Justice Owen Paulsen quashed the conviction entered in July and granted Skinner a discharge without conviction, finding errors in the District Court judge's approach.
What happened in the Skinner case?
Skinner was charged last November after he left a bouquet of flowers at the family home, tied with one of his former wife's hair ties. The flowers were found by one of the couple's adult children and brought inside.
Later that day, his former wife texted him to arrange document pickup. While his initial replies were on topic, he then sent 12 unrelated and personal messages, none of which she answered. The messages were not abusive, but they breached the protection order.
Skinner had been stood down from council duties pending the appeal outcome. Nelson Mayor Nick Smith confirmed his return:
Councillor Skinner will be returning to full council duties next week.
Why did the High Court overturn the conviction?
In July, Judge Andrew Nicholls convicted and discharged Skinner, accepting that the consequences of a conviction were out of proportion to the gravity of the offending. However, he ruled that Skinner, as an elected official, faced a harsher penalty under laws set by Parliament.
Judge Nicholls said at the time:
At stake is the local democratic process, and a standard set by Parliament that when a local politician is convicted of an offence punishable by two years or more then local electors should have the opportunity to decide whether he or she continues in office.
Justice Paulsen disagreed, saying the District Court judge was wrong to refuse a discharge without conviction. He rejected the argument that granting a discharge would defeat Parliament's standard.
The Crown had argued that a conviction would not prevent Skinner from standing for re-election. Prosecutor Jackson Webber said:
You can be back in that role if it's considered appropriate by the electorate.
What does this mean for Nelson's local democracy?
Skinner's lawyer, Michael Vesty, argued that a conviction would automatically vacate Skinner's council seat, a disproportionate consequence for the offending. The High Court agreed.
Skinner, who describes himself as passionate about social justice, environmental wellbeing, and building a healthy, vibrant, safe community, said through his lawyer that he was relieved the criminal matter was at an end.
He promoted himself in election material as a born and bred Nelsonian with a strong voice for families and local businesses.
What happens next for Tim Skinner?
Skinner will resume his council duties next week. His appeal against permanent name suppression was dismissed, meaning the details of the case are now public.
The case raises important questions about how New Zealand balances accountability for elected officials with proportionate consequences for personal conduct. It also highlights the tension between Parliament's intent and judicial discretion in individual cases.
Frequently asked questions
What is a discharge without conviction?
A discharge without conviction means a person is found guilty but no conviction is recorded. It is granted when the consequences of a conviction are out of proportion to the seriousness of the offending.
Does a discharge without conviction affect council membership?
No. Under the Local Government Act, a conviction for an offence punishable by two years or more would vacate a council seat. A discharge without conviction does not trigger this provision.
Can Skinner stand for re-election in the future?
Yes. A discharge without conviction does not prevent him from standing for office, and the electorate will have the opportunity to decide on his future at the next election.