David Henderson escapes conviction on unsanctioned holiday

Bankrupt developer David Henderson says he feels "a bit lucky" after being discharged without conviction in the Auckland District Court today for taking an unauthorised European jaunt.

Mr Henderson (58) pleaded guilty earlier this month to one charge of taking unauthorised travel, which has a maximum penalty of 12 months in prison and a fine of $5000.

However, he escaped conviction despite district court Judge Grant Fraser saying that he lied to the Official Assignee - stating that media reports he was in Spain were "completely untrue", and he was actually on holiday in Australia.

Judge Fraser even took a swipe at the media for "quite clear imputations ... against Mr Henderson's reputation" in reporting the story.

Mr Henderson would not comment to the NBR as he left the Auckland District Court this afternoon.

But as he left the dock, after the judge discharged him, he whispered to a policewoman: "I feel a bit lucky".

Mr Henderson, whose Kitchener Group developed the six buildings on Princes Wharf, including the Hilton Hotel, was declared bankrupt last June owing creditors $130 million.

Partner paid

Judge Fraser said that he accepted that Mr Henderson's partner paid for the trip and he left New Zealand before being told of his obligations as a bankrupt. 

Mr Henderson did not know he was going to Spain until he arrived in Sydney, the judge said.

He said Mr Henderson's statutory obligations as a bankrupt were not at risk of being frustrated.

"His remorse is clearly evident," Judge Fraser said.

"He has no previous convictions, therefore it can be inferred that he is a person of good character. 

"The likelihood of reoffending must be assessed as extremely low.

"This offending is not grave by any objective standard."There was no sinister or ulterior motive in the travel."

Judge Fraser ordered Mr Henderson to pay court costs of $132.89. 

Left the next day

Mr Henderson was bankrupted on June 9 last year, and left New Zealand the next day - without being told of his obligations to the Official Assignee.

He arrived in Madrid, Spain, on June 11 and three days later told the Official Assignee he was in Australia.

However, the following week he confessed the truth to the Official Assignee, and apologised on his return to the country on June 26.

Mr Henderson's lawyer, Daniel Grove, argued that the bankruptcy order had "come out of the blue".

Judge Fraser assured Mr Grove he had seen nothing to suggest Mr Henderson had acted obstructively or with obfuscation "apart from the porky about where he was."

Mr Grove said for his client to claim he was in Australia was "probably a silly thing to say, but he said it."

Judge Fraser said it did not make much difference whether Mr Henderson was in Australia or Spain, he was overseas.

Crown lawyer Nick Williams, for Ministry of Economic Development, said Mr Henderson should have understood his obligations if he was to be bankrupted, considering proceedings had started in December 2008.

To which Judge Fraser retorted: "So what?"

The judge said a person should not have to understand the consequences of bankruptcy when they were not bankrupt.

Judge Fraser said the press had made "quite clear imputations ... against Mr Henderson's reputation" in reporting the story of Mr Henderson's holiday.

However, Mr Williams said Mr Henderson had brought that on himself by "telling a porky".