Chinese national Liang Fang had appealed his sentence in the High Court at Invercargill, stating a refused discharge without a conviction could affect his visa.
Fang was driving a bus and trailer operated by Awing Travel NZ Ltd and carrying 23 Chinese tourists when it crashed at Wilson Bay, 10km from Queenstown, on January 21 this year.
A 10-year-old girl lost both hands and a woman lost an arm as a result of the crash on the Glenorchy-Queenstown Rd.
Fang admitted charges of careless driving causing injury and was sentenced in June by Judge John Strettell in the Queenstown District Court.
At the time, he was refused a discharge without conviction.
Fang’s defence lawyer Grant Tyrrell submitted this week that the district court judge erred in his assessment of the seriousness of the offending.
He also said the consequences for Fang were sufficiently severe as he was asked by Immigration New Zealand to leave the country.
Justice Dunningham acknowledged in her decision the serious consequence that a deportation would have. However, for "a single man, with family back in China", she did not see the impact of returning to his country being "as great as in some other cases".
She said Fang’s carelessness in the face of the significant responsibility of driving a tour bus was relatively serious.
"I accept that the consequences of conviction for him are likely to go beyond that of other offenders. I also accept that this was an offence of carelessness rather than deliberate wrongdoing.
"While the consequences for Mr Fang will be harsh compared with other offenders, I do not consider that they are out of all proportion to the gravity of the offending. "
