A Queenstown chef could be deported after his bid for a discharge without conviction on a drink-driving charge was refused.
Nicolas Alejandro Pellao Pellao (34), a Chilean national, had been drinking in the resort town’s CBD on September 27 when he decided to drive home.
About 2.30am he was driving in Lake Esplanade when he suddenly veered left and hit a parked vehicle, extensively damaging both vehicles and rendering them inoperable.
Police attended the scene and a breath-alcohol test gave a result of 527mcg — more than double the legal limit.
Counsel Megan Waller said the defendant had lived a blameless life in New Zealand for nearly a decade, and worked hard to become a head chef in a CBD restaurant.
The breath-alcohol level was moderate, and the consequences of a conviction for his immigration status were potentially "life-changing".
He had obtained a residency visa in June, and the process of responding to a deportation liability notice would be stressful, costly, lengthy and unpredictable.
He was remorseful about his decision to drive, and had voluntarily undertaken community work for the Whakatipu Reforestation Trust.
Community magistrate Sally O’Brien said the defendant claimed he had lost control of his car because one of the tyres exploded, but police had not determined the cause of the crash.
Regardless, his alcohol level had been double the legal limit.
"You made a conscious decision to drive ... You simply took a risk."
Evidence from an immigration consultant said the defendant would be liable for deportation if convicted because it would be entered within two years of his residency visa being granted.
However, deportation was not automatic, a range of factors would be considered, and the defendant would have a right of appeal on humanitarian grounds.
Ms O’Brien declined the application on the grounds there were no special circumstances in the case that warranted the court "taking that decision-making ability from the immigration authorities".
Pellao Pellao was convicted, fined $450, court costs $130 and disqualified for six months.
