Legacy of young US man killed near Gisborne to live on
US man Nick Simon, 25, was on a month-long surfing holiday with his partner when a speeding driver crashed into their car and killed him.
The driver, Myrtle Whatarau-Te Puni, has been jailed for two years and nine months.
Nick’s family has started the Nick Would Foundation that will support others to pursue a life as full as his.
The legacy of a young American man killed by a speeding driver near Gisborne will live on in many ways, including through a foundation that will help others lead the sort of life he did.
Nick Simon was just 25 when he died.
He had been travelling Aotearoa on a month-long surfing holiday with his partner Brooke Buchanan, 23.
Simon was driving a Toyota Estima rental van travelling south towards Gisborne along SH2 near Matawai around 5.20pm on October 27, 2022, as a Mazda Atenza being driven by Myrtle Whatarau-Te Puni approached from the other direction.
Whatarau-Te Puni, 27, held a learner’s licence. She was accompanied by a friend who was wearing an electronic bail monitor. Data from the monitor shows the car was travelling at speeds between 125kph and 136kph for several kilometres prior to the collision.
Witnesses described the Atenza as speeding and out of control, and said it crossed the centre line and only just missed crashing into them shortly before the crash that killed Simon.
As Whatarau-Te Puni negotiated a right bend before a bridge the left wheels of her car went off the road. She steered back onto the sealed road surface, crossed the centreline and into the path of Simon’s Toyota Estima.
He had no way of avoiding the collision. The impact of both vehicles was such that the Toyota was lifted over the barrier running alongside the side of the lane, and came to a rest facing back towards the way it had travelled from.
The vehicle was extensively damaged and Simon was critically injured. He was removed from the vehicle and flown to Gisborne Hospital by helicopter, then to Waikato Hospital, but passed away the next morning.
Buchanan suffered multiple serious injuries from which she will spend years recovering.
Whatarau-Te Puni, a mother of two young children, also suffered serious injuries, as did her friend.
She pleaded guilty to dangerous driving causing death, dangerous driving causing injury, and dangerous driving causing injury and was this month sentenced to two years and nine months in jail.
Judge Warren Cathcart noted Whatarau-Te Puni’s apparent lack of remorse, and heard victim impact statements from Simon and Buchanan’s family, via AVL from the US.
Following Simon’s death his family created the ‘Nick Would Foundation’. It takes its name from the saying: ‘If you are ever wondering if you should go do that thing, help that person, or spread a little love, remember “Nick Would”’.
Simon was an adventurous spirit from a very young age. He was a passionate and accomplished outdoorsman, skier, surfer, mountain biker, rock climber, mountaineer, kayaker, and other outdoor pursuits. He was also a gifted musician and songwriter, having written over 50 songs.
He travelled to more 30 countries and made many friends.
Speaking to Stuff on Friday Simon’s father Dan Simon said the loss of his son was still very raw.
“Losing Nick is a reminder, in the worst way, of how fragile life can be and that you want to make sure you live every day.”
“This was not something we expected in life and not something we would want for anyone. It’s been hard for us,” he said.
He described Simon as someone who embraced life and said the family hoped others would draw inspiration from the way he led his life.
“Nick squeezed the nectar out of every single day. He was a special person. he knew how to spread love. That was his most unique characteristic. It was innate. He was born with that. His spirit lives on for the legion of people he inspired,” Dan said.
The Foundation’s long-term goal was to raise more than $1 million, give away $100k annually, and impact at least 1000 people each year “to create opportunities for all people to excel, break paradigms, and open new horizons; and to leverage the experience of outdoor pursuit, wildland exploration, or development of artistic talent into learning that we are all capable of more”.
“More kindness, more love, more gratitude, more humility, more fun, and yes, a more enriched life. This is how we extend and expand the light and love Nick brought to our world,” Dan said.
