
Niklas Gebhardt was sentenced to four years and three months in prison for manslaughter after he deliberately drove off the road at high speed, causing the death of his son Lachlan on November 5, 2019.
Gebhardt drove through the bend of Lehmans Rd and River Rd near the Rangiora Racecourse. The car was launched 24m in the air before it hit a tree and burst into flames. Lachlan died at the scene.
Gebhardt was jailed in 2022. He claimed he had amnesia and could not remember why he drove off the road.
The New Zealand Herald revealed on Monday that Gebhardt, now 35, was released from prison on April 15.
The Herald reported his release was subject to a number of conditions and the parole board ruled he had a low risk of reoffending.
Board chair Sir Ron Young said Gebhardt told the board he still had no memory of the crash, the Herald reported.
"He tended to revert to an explanation of a possible mechanical fault that caused him to drive in the way he did. There is no evidence to support that claim."
But the Parole Board was "satisfied he is no longer an undue risk", the Herald reported.
Gebhardt, who shared custody of his son with his ex-partner, had picked Lachlan up from a public swimming pool in Rangiora before the crash.
He was driving north at a speed limit of 80km/h when he overtook another vehicle and accelerated up to 130km/h through a corner and over a stop bank, which caused his car to become airborne, hit a tree, spin out and catch fire.
Gebhardt was extracted from the car by a member of the public but Lachlan remained inside and died at the scene.
Gebhardt sustained a fractured femur, facial injuries and burns to about 30% of his body. He spent 10 days in a drug-induced coma and a total of six weeks in hospital.
At his sentencing, Justice Jan-Marie Doogue said there was no external explanation for the crash - Gebhardt was unimpaired, his vehicle had no mechanical issues and he knew the road well. He had made no attempt to slow down, brake or take evasive action.
While murderous intent could not be proven, his actions were deemed to be "grossly reckless and highly likely to cause significant physical trauma" to him and Lachlan, Justice Doogue said.
On appeal, Gebhardt's lawyer claimed the sentence and disqualification period were "manifestly excessive" as his culpability had been overstated and his lack of his intoxication mistakenly characterised as an aggravating factor instead of a neutral one.
Gebhardt's lawyer said he had received an insufficient discount for his physical and psychological injuries and remorse.
An initial charge of murder was withdrawn and replaced with a charge of manslaughter after a statement from Gebhardt that he had deliberately tried to kill his son using his vehicle was deemed inadmissible and unreliable because of his complicated grief and other factors.
The Court of Appeal said in light of this, there was no explanation of why Gebhardt would have wanted to deliberately crash his vehicle or intentionally harm himself or his son.
As a result, Gebhardt's sentence was reduced by nine months to four years and three months and he was disqualified from driving for 18 months.