Tougher US immigration rules play role in NZ court discharge

Wednesday, 8 July 2026

A vehicle to the left prepares to exit Arowhenua Rd as another passes on Pleasant Point Highway/SH8 on Tuesday. It was the scene of a crash on Saturday.

A 30-year-old US resident has been discharged without conviction on a serious New Zealand driving charge because she may not otherwise be allowed to return home.

Chia-Jo Chao pleaded guilty to a careless use of a motor vehicle causing injury charge in the Timaru District Court on Tuesday that stemmed from an intersection collision on Saturday on State Highway 8 about 15km east of Timaru.

Lawyer Paul Norcross told Judge Mark Callaghan that Chao, who was born in Taiwan, was not a US citizen but working there on a green card as an occupational therapist.

Chao, who was driving on a US licence, was in New Zealand on a holiday visa when she hit the other car. She is set to return home to San Jose, California, on Saturday.

Norcross said a discharge without conviction was sought as Chao’s inquiries had found a conviction could spell the end of her continued residence in America because of changes to the current administration’s immigration policies.

“I know this is very irregular,” Norcross said.

Judge Mark Callaghan said he was satisfied the consequences of a conviction were out of all proportion to the gravity of Chia-Jo Chao’s offending. (File photo)

Judge Callaghan said while Chao worked full-time in the US, she was not a citizen “so a conviction may impact upon your admission back into the United States”.

“The courts are aware that in the current climate of the United States, the conviction in New Zealand for a Taiwanese person trying to get back into the States could pose significant difficulties.

“I am satisfied that the consequences of that do outweigh the carelessness that's involved in this offending.

“You had a momentary lapse in judgement when you thought that you had time to cross the intersection, which you clearly misjudged.”

Judge Callaghan said Chao was not speeding, and was not doing anything else wrong.

While the injuries to the victims were significant for them, in the “overall scheme of carelessness, or inconsiderate use of a motor vehicle, this does fall at the bottom end of the spectrum”, he said.

A Honda emblem lies in grass at the Arowhenua Rd/Pleasant Point Highway intersection east of Timaru. On Saturday, a Honda Civic was one of two vehicles involved in a serious collision at the intersection.

“The impact for you of not being able to return to the United States where you work does outweigh that gravity, and therefore I’m satisfied the consequences of a conviction are out of all proportion to the gravity of the offending.”

The crash occurred as Chao attempted to exit Arowhenua Rd through a give way intersection onto SH8.

Judge Callaghan said Chao had stopped at the intersection, and saw the other vehicle, a Honda Civic, approaching.

“That vehicle was closer than you estimated because you pulled out in front of it without warning, and as a result, there was a crash.”

One person suffered a broken right thumb, and a fractured right ankle while the driver had a laceration across his right knee near the knee joint, and all of the other occupants had mild concussion or whiplash from the crash.

“I'm told that the reparation of $3500 has been made by the comprehensive insurance that you had.”

Chao was discharged without conviction, and ordered to make an immediate emotional harm payment of $1500 to the injured family. Chao was also disqualified from driving for six months.