A long-serving city councillor fighting to save his name and job has been discharged without conviction after appealing his family violence matter.
Nelson City councillor and former mayoral candidate Tim Skinner entered a guilty plea earlier this year to a representative charge of breaching a protection order by unauthorised contact.
Skinner sought a discharge without conviction to an amended representative charge, but was convicted and discharged in the Nelson District Court in July.
NZME understands Skinner was stood down from council pending today’s appeal outcome. Nelson mayor Nick Smith told Open Justice that he will be returning to full council duties next week.
In a decision released today, the High Court allowed his appeal against refusal to grant a discharge without conviction.
“The conviction for breach of a protection order entered on 30 July 2026 is quashed.
“Mr Skinner is discharged without conviction on that charge,” Justice Owen Paulsen said.
Media have been unable to name Skinner until today because suppression was in place.
However, his appeal against refusal to grant permanent name suppression was dismissed by the High Court.
Skinner said through lawyer Michael Vesty he was relieved the criminal matter was at an end.
Charges laid last November
Skinner, 53, was charged last November when he first appeared in court on a list of charges that were amended as the matter proceeded through the court.
The summary of facts records Skinner had recently separated from his wife and had been served with an ex parte temporary protection order when he left a bouquet of flowers at the family’s address, tied with one of his wife’s hair ties.
The flowers were found by one of the couple’s adult children and brought inside.
Later that day Skinner’s former wife sent him a text message to arrange for him to pick up documents.
Judge Andrew Nicholls said in the District Court, Skinner’s replies were initially on topic and then he sent 12 unrelated and personal messages, none of which his ex-wife replied to.
There was no suggestion the messages were abusive, but they were in breach of the order, Judge Nicholls said.
Vesty argued a conviction would mean Skinner’s position on the council would be automatically vacated, which was a disproportionate consequence of conviction.
Elected official who ‘breached a court order’
Judge Nicholls accepted the consequences of a conviction were out of all proportion to the gravity of the offending, but Skinner was an elected official who had breached a court order and was subject to a harsher penalty under laws set by Parliament.
“At stake is the local democratic process, and a standard set by Parliament that when a local politician is convicted of an offence punishable by two years or more then local electors should have the opportunity to decide whether he or she continues in office,” Judge Nicholls said.
The Crown, as agent for the prosecutor, said the consequence of a conviction would not prevent Skinner from standing for re-election.
“You can be back in that role if it’s considered appropriate by the electorate,” prosecutor Jackson Webber said.
He submitted on appeal the District Court judge was not wrong in exercising his discretion to refuse to grant Skinner a discharge without conviction.
He said the public interest considerations outweighed Skinner’s personal interests, justifying refusal of a discharge without conviction.
However, Justice Paulsen considered there were errors in the judge’s approach in the District Court, and he was wrong to refuse a discharge without conviction.
He was unable to accept the analysis that “granting [Skinner] a discharge without conviction would defeat the standard set by Parliament”.
He said in considering the views of Skinner’s wife, as far as the offending was concerned, Skinner has never denied his conduct or failed to take responsibility for it.
Skinner promoted himself in election material as a “born and bred Nelsonian with a strong voice for families” and local businesses.
The fifth-term councillor described himself as passionate about social justice, environmental wellbeing, and building a healthy vibrant, safe community, and unafraid to speak his mind to improve the culture of council.
