Hanna McCallum for The Post
March 4, 2025
A Wellington rugby club has had its alcohol licence denied after a fatal hit-and-run involving one of its players.
More than a year-and-a-half after Cass Maguire died after being struck outside Te Papa in June 2023, a decision on Johnsonville Rugby Football Club’s alcohol licence renewal application landed on Tuesday.
The application was declined and the club would be able to continue trading and supplying alcohol for three months until June 4 before its licence ended.
Jason Tuitama was sentenced at the High Court in Wellington in May last year to four years and four months’ jail, and disqualified from driving for a further four years from the time of his release.
Tuitama struck and killed Maguire after he had been drinking at his rugby club, Johnsonville Rugby Football Club. He was speeding, driving while suspended and was not wearing the glasses he needed.
Tuitama pleaded guilty to charges of manslaughter of Maguire by reckless driving, reckless driving causing injury to Natasha Tanuvasa, failing to stop and render assistance after an injury accident, and driving on Cable St with a breath alcohol level of 993mcg ‒ just short of four times the 250mcg limit.
Maguire’s father, Paul, formally objected to the rugby club’s application to renew its alcohol licence for its premises on Helston Rd. The hearing was last August.
The club had applied on June 26, 2023 – eight days after the fatal hit-and-run.
Cass Maguire died in hospital on July 5.
Paul Maguire told the Wellington District Licensing Committee that Tuitama – who remained a member of the club – was responsible for the death of his daughter “but ultimately, so is Johnsonville Rugby Football Club”.
Tuitama had been celebrating the blazer presentation for those who had played 25 games and was drinking at the club on the night of the incident.
He was “quiet” and the people at the table he was sitting at in front of the bar did not cause any concerns, duty manager Amy Mahu said at the hearing.
“I am really sorry that what has happened has happened, being a parent myself, but the actions of one person … I can’t be blamed for that.”
Wellington’s chief licensing inspector Judith Austin opposed the club’s application during the third hearing day.
It took 10 months and the fear its alcohol licence could be revoked for the club to take action, she said.
“I find it difficult not to express some cynicism that it was the very real possibility of losing its licence that was the catalyst for the club to take its legal responsibilities seriously,” Austin told the Wellington District Licensing Committee.
The events during the night of June 17 and the way in which the club sold and supplied alcohol spoke directly to its suitability to hold a licence, she said.
Meanwhile, lawyer Edward Cox, representing Johnsonville Rugby Football Club, said there was no evidence of a heavy drinking culture at the club during the hearing.
Club chairperson Susan Poutoa said at the time, changes had been made since the incident including having better awareness of the number of drinks being served, levels of intoxication, ongoing training for staff and better practices to respond to people being intoxicated.
Drink prices were increased, alcohol levels in drinks reduced and some spirits predominantly consumed as shots had been removed.
In its decision, the committee said it was “extremely concerning” that Tuitama’s level of intoxication went undetected by staff and past staff training was “unsatisfactory and insufficient”.
“The incident shows the extent of alcohol related harm that can result when a licensee fails to comply with the Act,” it said.
It had “serious concerns” about whether staff could identify a lower level of intoxication in other individuals in other circumstances, and with the club’s response to the incident.
Tuitama had not been suspended or expelled by the club and there had been no change to bar staff since the incident. It also did not think that the executive committee fully understood and appreciated the importance of issues raised by the inspector.
“Most concerning is none of the staff have yet received any hands-on formal training in how to identify intoxication since the incident,” it said.
“Based on the evidence available, we are not confident this applicant will sell and supply alcohol safely and responsibly.”
It did not have to consider the financial impact or impact on the community in its decision.
The incident should have never been allowed to occur and at the very least, it should have led to the club to take “direct and immediate steps” to understand how it happened and ensure preventative steps were put in place so it never happened again, the committee said.
“The committee agrees with the inspector that this did not occur in any meaningful way until the inspector opposed the club’s renewal application.”
The police and the medical officer of health did not oppose the application.
The club had had a licence since at least 1980 and applications for renewal had been granted unopposed until now.
Maguire left behind her partner Luke Harper and her son who was 1 at the time.
Harper described her as selfless, radiant, kind and generous, devoting herself to those around her – most recently then, to her son.
Poutoa said the club would be making a media statement within 24 hours.
It had 10 working days to appeal the decision.