Open Justice reporting, funded through NZ on Air

Working as a senior manager earning more than $100,000 a year, owning his own home, and diligently looking after his children, 42-year-old Duane Simon was living what could be considered a respectable, normal lifestyle. 

The Rotorua man had been working for lines company Unison for 10 years and was a senior foreman on a team that managed the electricity network across the Rotorua and Taupō districts. 

But behind the scenes, Simon was secretly using his knowledge and access to defraud his employer of thousands of dollars worth of electricity for the sole purpose of growing cannabis. 

Simon was one of 19 defendants charged with various offences relating to a large-scale cannabis operation that spanned three cities and produced millions of dollars worth of cannabis for supply. 

On Thursday, Simon was sentenced to four years' imprisonment in the Rotorua District Court on 12 charges; five of cultivating cannabis, five of stealing electricity, and one each of attempted cultivation of cannabis and conspiracy to sell cannabis. 

The saga surrounding Operation Morepork originally began in 2019, when a group of what the court described as "principal defendants" established three companies, which were then used to filter cash and sign leases for multiple commercial properties. 

The ring was a large supplier of cannabis around the Waikato and Lakes districts, operating large growing facilities in commercial buildings across Taupō, Hamilton and Rotorua. 

At the time, Simon was working for Unison as a senior foreman, earning a decent salary managing the electricity network across Rotorua. 

His friend, Macarthur Atkins, played a central role in the establishment and ongoing operation of the cannabis ring, eventually recruiting help to assist the group with the offer of significant financial reward. 

Although it's not completely clear when Simon became involved in the large-scale operation, police surveillance recorded 130 phone calls between Simon and Atkins between June and August 2020. 

According to the agreed summary of facts, 57 of those calls surrounded a request from Atkins that Simon modify the electrical wiring at the properties, in an attempt to both escape paying for power and to prevent the authorities from discovering the large amount of power being consumed at the growing sites. 

The offending was assisted by Simon, who rerouted electricity lines so the operation wouldn't arouse suspicions from authorities. Photo / Supplied 

Simon used Unison's computer networks to identify where the power could be rerouted to, as well as the locations of meters and how to bypass them. He then went ahead and conducted the work. 

"Your role was ensuring the electricity was safely diverted and that in turn meant that the risk of detection was decreased," Judge Greg Hollister-Jones said. 

"You had been involved in tapping into the electricity supply at each of these sites and bypassed electricity meters." 

Simon received a $25,000 payment for his work on the wiring. He was later involved in discussions with Atkins around selling eight ounces of cannabis himself, which did not proceed. 

Atkins, 30, died shortly after charges were laid. 

In handing down his sentence, Judge Hollister-Jones granted Simon a 25 per cent discount for pleading guilty to the 12 charges. 

Simon's lawyer, Moana Dorset, argued during the sentencing hearing her client should be granted additional discounts for other mitigating factors. 

That included what Dorset described as Simon's otherwise good character, as well as his difficult upbringing with a violent father and a lack of food. 

However, Judge Hollister-Jones could not find a connection between that upbringing and his eventual offending, declining to issue a discount. 

But the judge did issue an additional 5 per cent discount for Simon's remorse.