Caitlyn Hopping

Qualifications

LLB (Hons), BA (Criminology), Victoria University of Wellington 2025
Admitted to the Bar in New Zealand 2026

Contact

M: +64 21 356 416
E: caitlyn.hopping@hobec.co.nz

Caitlyn Hopping is a Solicitor in Holland Beckett’s litigation team, with specialist interest in criminology.

Caitlyn joined the litigation team in 2026 after completing her studies in Law and Criminology at Victoria University of Wellington. With a strong academic background in criminology, she has developed a keen interest in all aspects of the criminal justice system. She has also gained experience working on cases involving applications for discharge without conviction, assisting with matters arising from a range of circumstances. Caitlyn is eager to begin her career with Holland Beckett and looks forward to developing her expertise across both criminal and civil litigation.

Caitlyn was born and raised in Tauranga. Outside of the office she enjoys dance classes and spending time outdoors.

Caitlyn Hopping's Expertise

Civil Litigation & Dispute Resolution

Caitlyn Hopping's News & Resources

What is a Discharge without Conviction in New Zealand?

Frequently, when a prominent New Zealander is being sentenced for criminal offending, there will be discussions about Discharges without Conviction. Discharges are commonly misunderstood and this article sets out what a discharge is and when it is likely to be available. What is a Discharge without Conviction? A Discharge without Conviction is an Order that the Court can make when a person has pleaded guilty or been found guilty of a criminal offence. Despite the finding of guilt, the Court may consider that the “direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offence”. This language comes from section 107 of the Sentencing Act 2002 which is the current test for a discharge without conviction. In practical terms, there are situations where the consequences of a conviction (whether or not a sentence is also imposed) may be too serious to be justified by the gravity of the offending. This can be either because the offending itself is so minor or because the consequences that the person will face if convicted are so significant. Often, it is a combination of both of these factors that will mean that a discharge without conviction is appropriate. What is the test for a Discharge without Conviction? When deciding whether to grant a Discharge without Conviction, a Court will first determine how serious the offending is. This is referred to as the “gravity of the offence”. The gravity of the offence is more than just the seriousness of the act itself – it also considers how it came about, the personal circumstances of the offending and steps that they have taken subsequently. For this reason, people who are seeking a Discharge without Conviction will often plead guilty and show remorse, both of which help reduce the seriousness of the offending in the Court\'s eyes. What consequences will the Court consider? Once the Court has determined how serious the offending is, the Court will consider the consequences that the person will face if convicted. In very low level cases, the Court may be satisfied that the ordinary consequences of the conviction (things like it being harder to get employment and the shame associated with a conviction) are enough that a conviction should not be entered. More commonly, the Defendant will provide evidence showing that a conviction will have a particularly severe impact on them. This commonly involves the loss of employment, consequences for their immigration status or consequences for their ability to travel in the future. Courts will not easily be persuaded that consequences are out of proportion to the gravity of offending. Defendants must show both that the consequences are likely to occur and that the impact on them is severe. For things like travel, they will need to show both that they have no pathway to continue the travel they had planned and also that the travel is something that they were actually intending to do. This is to prevent speculative arguments about consequences that are unlikely to occur in reality. Likewise claims of employment consequences or immigration consequences will generally need to be backed up by evidence from a person who can comment on the likelihood of those outcomes. Professional registration and Discharge without Conviction In a handful of cases, defendants have pointed to the impact that it will have on their professional registration status as a reason why they should be discharged without conviction. However, these arguments are commonly rejected. This is for two reasons. First, the Court is always very hesitant to prevent a professional registration body (such as the Law Society, the Medical Council or the Licenced Building Practitioners Board) from considering whether criminal offending has an impact on that person’s ability to fulfill their role. Secondly, in most cases, the professional registration body will follow a detailed process to determine the outcome. The removal of a practising certificate is far from a foregone conclusion in these cases, especially where the offending is minor. For these reasons, Courts will usually refuse a Discharge without Conviction solely on these grounds and will require that person to face their professional body to determine the appropriate outcome for their registration. Discharge without Conviction for drink driving There are certain offences where a discharge without conviction can be more difficult to obtain, notably drink driving. This is because the Courts review certain kinds of offending as inherently serious. When this is the case, the Court must be persuaded that there are clear consequences before the Court will be persuaded that Discharge without Conviction is appropriate. It is for this reason that many applications for Discharge without Conviction in cases like this fail. What happens if a Discharge without Conviction is granted? If a Discharge without Conviction is granted, then the legal effect of this is to treat the person as though they were acquitted of the charge. This means that no sentence can be imposed on them. It also means that they will have no criminal record for any purpose going forward. The Court can, however, order a disqualification from driving or reparations in appropriate cases. It also does not mean that a person is not required to report what has happened to a professional body or a government agency if they have a separate obligation to do so. It does, however, mean that a person does not need to disclose a criminal conviction on job applications or travel applications either within New Zealand or internationally. What if a Discharge without Conviction is not granted? For people who do not receive a Discharge without Conviction, the Clean Slate legislation may provide an alternative in some circumstances. This legislation means that where a person has been convicted of relatively minor offending (meaning they were not sentenced to imprisonment and if it is not of a specified class of offenses, such as sexual offending) that person will only have a conviction on their record for 7 years. If at the end of 7 years they have had no further convictions of any kind then they may tell employers and other people within New Zealand that they have no criminal convictions. This legislation only applies in New Zealand however, and so it does not impact on international obligations. Holland Beckett regularly advises clients on the availability of Discharges without Conviction for a range of offending. Our litigation and dispute resolution team have successfully argued discharges for drink driving, minor criminal offences and even offending under the Resource Management Act 1991. If you would like to understand more about this process, please contact one of our legal specialists.