New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Kolinio Yabia TAMANITOAKULA

Hearing: 7 August 2018

at Hawke’s Bay Regional Prison

via AVL from Upper Hutt Community Corrections

Members of the Board:

• Judge N MacLean – Panel Convenor
• Ms S Driver
• Mr L Tawera

Counsel: .

• Mr M Phelps

DECISION OF THE BOARD

1. Kolinio Yabia Tamanitoakula is before the Board on a second appearance for consideration of parole.  He is serving a sentence of three years and four and a half months having pleaded guilty to assault with intent to commit rape.  His sentence commenced on 27 July 2017 and he has been eligible for parole consideration from 9 April this year.  His sentence release date is 8 July 2020.  His RoC*RoI is 0.297 and his security classification low/medium.  He was represented today by his counsel, Mr Phelps.
2. Mr Phelps accepted on behalf of his client that having been served with a deportation order, which is not being challenged, that is realistically the only option.  Commendably, Mr Tamanitoakula has picked up on earlier suggestions and completed a comprehensive safety plan which we have sighted.  The basic position following consultation with the psychologist is that no further treatment needs can be identified or further engagement required.
3. Generally, the report from the Principal Corrections Officer and the parole assessment report is of a man who has been an asset in the prison environment, both in the prison rugby team and also in joinery and work.  He has a high work ethic and is seen as very competent and constantly looking for work.
4. He is to be deported back to Fiji where he has strong pro-social rapport.
5. In summary, taking account of his static and dynamic risk assessments, the opinion seems to be that he is generally at low risk of further sexual offending.  It seems that he has moved on somewhat from an element of earlier denial and has a much better appreciation now of the appropriate way to deal with a woman who is not consenting to his advances, either by word or behaviour, and not taking advantage of a woman who is impaired by alcohol or drugs.
6. Clearly then he has completed everything that is appropriate whilst in prison and he will be granted parole for deportation.  The release date is [withheld] September 2018.
7. We anticipate that as he apparently has a valid passport, that it may be possible for the authorities to put together the necessary arrangements and if so the convenor would be receptive to the matter being put before him to validate an earlier date.
8. Conditions are as follows:

   (1) To be released into the custody of the New Zealand Immigration authorities, or to the New Zealand Police, for deportation from New Zealand.

   (2) Not to return to New Zealand.