The Marris family is distressed at facing the prospect of another appeal by the tourist driver responsible for their youngest daughter's death, so close to their first Christmas without her.
Chinese tourist Jing Cao killed 5-year-old Ruby Marris when he crossed the centre line on State Highway 1 near Moeraki in his rented Ford Ranger and smashed into the Marris family's station wagon on February 21.
He was sentenced to 18 months' jail in June, but appealed that sentence in the High Court.
His appeal was dismissed in its entirety.
A Court of Appeal spokesman confirmed Cao had sought leave to appeal his sentence through the court.
The application was filed on August 28 and the hearing date was yet to be set, he said.
Cao's barrister during his initial court hearing and first appeal, Anne Stevens, said she was unaware of the application before the Court of Appeal.
Cao's acting solicitor Kane Wang said he could not comment on the details of the appeal without discussing the matter with his firm.
''I have to check with my firm before I get back to you,'' he said.
When asked if there was a possibility of him discussing the appeal after speaking to his firm, he replied: ''As I have said I have to check with my firm otherwise we are never going to end up with this conversation. OK. Thank you. Ba-bye''.
He would not be drawn on the barrister now representing Cao or the reason for the appeal.
Ruby's mother, Kimberley Marris, told the Otago Daily Times she wanted Cao to accept his guilt and serve his sentence.
''It's quite distressing for the family being close to Christmas and we just want to try and get on with our lives,'' she said.
''Each day is tough enough and he's just making it worse over and over and over again.
''Just do your sentence.''
The appeal brought back the pain for the family, who hoped they could begin to heal after the first appeal was dismissed.
''It just makes it a very drawn out process for all of us.''
She hoped the Government would step up its efforts to educate tourist drivers.
''We just don't want anyone to go through what we have been through,'' she said.
Cao was convicted in June on one charge of dangerous driving causing death and five charges of dangerous driving causing injury.
Ruby died at the scene and her parents suffered serious injuries.
The Marris' two other children, Georgia (9) and Sophie (7), suffered moderate injuries and Cao's mother - a passenger in his rented vehicle - also suffered serious injuries.
In addition to Cao's 18-month jail sentence for killing Ruby, he was also sentenced to nine months' jail (to be served concurrently) on each count of dangerous driving causing injury to the other four Marris family members as well as Cao's mother.
He was ordered to pay $27,500 emotional harm reparation to the Marris family and further reparations of $34,390.
He remained on bail during his first appeal.
However, his bail was revoked and he was jailed when it was dismissed.
