Self-help remedies can go too far. Bay of Plenty contractor Elijah Nicholas was convicted of theft after towing away an attached trailer he did not own when recovering his stolen Hino truck.
On the hijacked trailer were a loader and hives containing bees, collectively valued at more than $105,000.
The dishonest apiarist reported this loss to police, later being sentenced to imprisonment for his role in the earlier theft of Nicholas’ Hino truck.
When recovered, the loader and trailer were damaged; the bees dead.
The High Court was told the Hino truck was used by Nicholas for his earthmoving and house relocation business. He found it two months after it was stolen; disguised, poorly repainted and with false registration plates.
After seizing it back with help of two associates, he initially ignored police requests for return of the trailer and contents.
Several weeks later the trailer and hives were left parked outside the Te Puke police station. The loader was returned, damaged, some twenty months later.
At trial in the District Court, Nicholas was ordered to pay $32,800 reparations with six months community detention: a daily curfew from 9 pm to 6 am.
Judges frown on vigilante behaviour where theft victims respond in kind.
The trial judge said discharge without conviction is not appropriate when taking vigilante action to punish an offender.
On appeal, the period of community detention was reduced to four months. The trial judge was unaware that the purloined loader had been returned, albeit belatedly, and damaged.
Nicholas v. R – High Court (8.09.25)
25.200