New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Nadene Faye MANUKAU-TOGIAVALU

Hearing: 9 May 2019

at Auckland Region Women’s Correction Facility

by video conference to Arohata Prison

Members of the Board:

• Mr J Thomson – Panel Convenor
• Ms G Hughes
• Ms W Taumaunu

Support Persons:

• [withheld]
• [withheld]

DECISION OF THE BOARD

1. Nadene Faye Manukau-Togiavalu is aged 22 and has made her second appearance before the Board for the consideration of release on parole.  Ms Manukau-Togiavalu is serving a sentence of three years imposed on 3 July 2018.  She became eligible for parole on 1 September 2018 and the sentence ends on 30 August 2020.
2. The prison sentence was imposed for imposed for kidnapping and burglary.  At the same time, Ms Manukau-Togiavalu was convicted and discharged of using a document for pecuniary advantage, criminal harassment and making an intimate visual recording.
3. The index offending occurred with her cousin as a co-offender.  Ms Manukau-Togiavalu created false references and applied to a nanny agency to become a carer of newborn children.  She gained employment to look after a newborn child on an overnight basis.  In the early hours of the morning, she permitted her cousin to enter the home and they kidnapped an 11 day old child.
4. The sentencing judge had a report from a psychiatrist to assist.  The judge refers to a diagnosis of post-traumatic stress disorder and a major depressive episode.  The judge noted that by consent, the psychiatrist report was to be released to the Department of Corrections.  Unfortunately, the report has not been provided to the Board.
5. Ms Manukau-Togiavalu has no previous convictions of any kind.  She has a RoC*RoI of 0.190.
6. The last appearance before the Board was on 6 September 2018.  There were reports of mixed behaviour.  Ms Manukau-Togiavalu was planned to undertake the Kowhiritanga Programme.  [withheld] was to continue working with her.
7. Since then, Ms Manukau-Togiavalu has completed the Kowhiritanga Programme.  She tells us that she has learned useful things from the programme and is able to identify high risk situations such as relationships and associates.
8. She told us today that the work with [withheld] had ceased shortly before she began the Kowhiritanga Programme in January this year.
9. The security classification is minimum.  There have in the past, been a number of misconducts.  The most recent was for fighting with or assaulting another prisoner in January of this year.  There has also been an incident where Ms Manukau-Togiavalu sprayed disinfectant towards a prison officer.
10. If released, Ms Manukau-Togiavalu plans to live at [withheld].  The probation officer suggests that GPS monitoring should be a component of any release on parole.  The whereabouts condition would be not entering Auckland.
11. The Board has a brief memorandum from Psychological Services.  It sets out that a report has been required of them, but they have not completed it because Ms Manukau-Togiavalu was currently undertaking Kowhiritanga.  It is suggested that should the report still be required after completion of the programme, the Board could request it.
12. It appears that central to Ms Manukau-Togiavalu’s offending is her [withheld] health and wellbeing.  The Board has very little information about this and what it does have is second hand opinion.  We have no clear idea of the progress and Ms Manukau-Togiavalu has made no treatment with the [withheld] while she has been in custody.
13. This leads to considerable concern that we have insufficient information to be sure that it is safe to release Ms Manukau-Togiavalu.  We cannot be satisfied that she no longer poses an undue risk to the safety of the community.
14. Parole is declined.
15. For the next hearing, a psychologist’s assessment is requested.  The Board asks that the psychologist assess Ms Manukau-Togiavalu’s level of risk, the progress she has made on treatment programmes in prison, the progress she has made on treatment with [withheld], any suggestions for further treatment in prison or in the community and finally, an assessment of any proposal for release.
16. Ms Manukau-Togiavalu will be scheduled to be seen by the Board in October this year and no later than 31 October 2019.