However, police said the decision to have the offender go through restorative justice instead of the court system was a success in this case.
On May 12, 2024, Barry — who asked for his last name not be used — was driving through the Southern Scenic Route and Kennington Waimatua Rd intersection in a truck when a vehicle driven by a person who was texting went through a stop sign.
Barry, who had no time to stop before the collision, slammed into the steering wheel before being thrown from his cab and into a paddock.
He suffered a concussion, which is still affecting him 10 months later.
Both vehicles were written off, totalling more than $100,000 of damage and a dog on the tray of the offender’s ute was killed instantly, Barry said.
"I had about five weeks off work. I was a bit beaten up."
Just as he was getting back to work, he got a call from Te Pae Oranga.
"They wanted to talk about how to make it easier for this fella to move forward from the accident ... I thought that was a wee bit weird ... I’m the victim here.
"The only place I really wanted to see him was in court."
Barry told Te Pae Oranga he was not prepared to do that, and he heard nothing until after Christmas when he received a letter saying no charges were going to be laid.
"He got no consequences, basically — it’s crazy, it’s disgusting."
Barry said he was not informed of the decision to go through a restorative justice pathway.
"If you and I speed down the road, we get a ticket for speeding. He gets through a stop sign and gets nothing — I can’t understand it."
Barry said he was not offered victim support by police.
A police spokesman said Te Pae Oranga provided a restorative resolution approach to offending that held offenders accountable for their actions, while also helping them address problems they were facing.
"Rather than going to court, participants attend a panel hui to take responsibility for their actions, make positive change, and have a second chance to move away from the justice system with support of the community.
"In this specific case, the circumstances of the offending and the offender met the criteria for Te Pae Oranga."
The spokesman said Barry was told of this plan and agreed the matter could be dealt with through this avenue.
"Police did not make a formal offer of victim support to the victim. However, at the time, the victim did advise that he was being supported by his workplace and ACC."
After the offender completed his Te Pae Ora plan, he sent Barry a letter of apology, completed a defensive driving course and attended counselling.
