New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Nadene Faye MANUKAU-TOGIAVALU

Original Hearing Date: 3 October 2019

At Auckland Region Women’s Corrections Facility

Date of Amended Decision: 16 October 2019

Members of the Board:

• Ms M More – Panel Convenor
• Mr G Crowley
• Mr L Comer

Support Persons:

• [withheld]
• [withheld]
• [withheld]

Amended decision 16/10/19:

1. Nadene Faye Manukau-Togiavalu was seen by the Parole Board on 3 October 2019. At paragraph 3 the Board’s decision said;

   “At the same time, Ms Manukau-Togiavalu was convicted and discharged of fraud, harassment and making intimate visual recordings. That victim was her ex-partner”.

2. Information provided to the board showed incorrectly that she was convicted and discharged on the charge of “Take/Obtain/Use Document for Pecuniary Advantage”. The Board now has an updated criminal and traffic history for Ms Manukau-Togiavalu.
3. The Court’s records have now been corrected to show that Ms Manukau-Togiavalu was sentenced to 3 years for the Document fraud, to be served concurrently on her sentences for Kidnapping and Burglary.
4. The Board’s amended decision now records that she was convicted and sentenced, not discharged.

Original decision 03/10/19:

1. Nadene Faye Manukau-Togiavalu is 23, she appears for consideration of parole on a sentence of three years for other kidnapping, and burgles by night.
2. Ms Manukau-Togiavalu faked a pregnancy to her family and friends.  She used fake references and obtained work as a nanny for a newborn child, and then she and her cousin kidnapped the baby she was caring for, who was then 11 days old.
3. At the same time, Ms Manukau-Togiavalu was convicted and discharged of fraud, harassment and making intimate visual recordings. [withheld].
4. Ms Manukau-Togiavalu’s RoC*Rol is .19098, indicating that she is low risk of reoffending; her parole eligibility date is 1 September 2018, and her statutory release date is 30 August 2020.  Ms Manukau‑Togiavalu’s security classification is minimum, the parole assessment report tells us that she is compliant and respectful, and the prison officer from her unit tells us that her behaviour has improved. She is helping staff in the unit and during disagreements she has learnt to walk away.  The officer said that Ms Manukau‑Togiavalu has learned to talk to staff when she has issues.
5. Ms Manukau-Togiavalu was last before the Board on 9 May 2019. The Board asked for a psychological assessment as they felt there was insufficient information available to consider if it is safe to release Ms Manukau-Togiavalu.
6. The Board has the psychological report dated 2 August 2019.  The report‑writer raises some issues; they question whether or not Ms Manukau-Togiavalu shows remorse for her offending, and they question why she chose to miss one of her Kowhiritanga maintenance sessions.  In response Ms Manukau-Togiavalu told us that she felt that was not a correct understanding of how she was, she said she feels great remorse and she is very sorry for the parents of the child she kidnapped.  She also says [withheld] is a victim and she is sorry.
7. Regarding missing Kowhiritanga maintenance, Ms Manukau-Togiavalu said that she consulted a prison officer; when she learned that the maintenance was to be at the same time as visits from the family the officer told her to prioritise family.
8. The psychologist recommended that Ms Manukau-Togiavalu do some one-on-one work. She has had three sessions and she thinks there are two or three more to go.  She said that the psychologist is helping her learn how to be more accepting of things that she cannot change, how to understand relationships, and to know when things have gone too far.
9. Ms Manukau-Togiavalu talked to us about breaking rules and consequences.  She said when she is stressed she can be impulsive, and may do anything to get rid of the feeling.  She said she is learning the consequences of rule-breaking, and she is learning to talk to her support people.
10. Ms Manukau-Togiavalu said that one of her high-risk situations would be relationships, and she said that she does know if she is getting obsessive thoughts.  She said if that happens she will get help.
11. The psychologist said that it is unlikely that Ms Manukau-Togiavalu will have the motivation or opportunity to kidnap another baby, she said “It is considered more likely that Ms Manukau-Togiavalu will experience relationship difficulties and could engage in harassment or stalking behaviour”.
12. Ms Manukau-Togiavalu was supported by [withheld].  [withheld] spoke to the Board, she talked of the supports that she had arranged in [withheld] should Ms Manukau-Togiavalu be released.  She has psychological and mental health support arranged, several family members have confirmed support, the family engage with a church, and she has referred Ms Manukau-Togiavalu to a gym.  Importantly, [withheld] said that Ms Manukau-Togiavalu will be loved and protected.
13. The psychologist recommended that Ms Manukau-Togiavalu have a reintegration hui; we see value in that.
14. Considering the information before the Board, having spoken to Ms Manukau-Togiavalu and having heard from [withheld], the Board feels that any residual risk Ms Manukau‑Togiavalu poses may be met by way of special conditions, and parole is granted.
15. The Board went through the proposed special conditions with Ms Manukau-Togiavalu. She accepts the need for them all and will comply.
16. Ms Manukau-Togiavalu will be released in two months. She needs some time to complete her psychological work and to have a reintegration hui. The hui is to take place before Ms Manakau-Togiavalu is released. We ask that as many of her support people as are available are invited, particularly the mental health support worker and significant whanau.
17. In the interim the Board supports Ms Manukau-Togiavalu being offered any further reintegration that will facilitate a structured return to the community such as work outside the wire.
18. Given her youth, the relatively recent demonstrations of compliant behaviour, and the fact that her rehabilitation will be completed in the period between the date of this decision and her release date; the Board considers there are special circumstances and are asking for a monitoring hearing.  Pursuant to section 29B(2)(b) of the Parole Act 2002, we ask that Ms Manukau-Togiavalu attends a hearing in person in March 2020.  At that hearing we invite Ms Manukau-Togiavalu to discuss with the Board whether the conditions of electronic monitoring and curfew may be amended or discontinued.
19. Ms Manukau-Togiavalu will be released on 3 December 2019, the standard and special conditions are to continue until six months past her statutory release date.  The special conditions are:

    (1) Not to have contact or otherwise associate, with any victim of your offending, [including previous offending] directly or indirectly, unless you have the prior written approval of a Probation Officer.

    (2) Not to possess or use any electronic device capable of accessing the internet, other than a device that has been approved in writing by a Probation Officer.

    (3) Upon request, to make available to a probation officer, or his or her agent, any electronic device capable of accessing the internet that is used by you, or is in your possession or control, for the purpose of monitoring your use of the device.

    (4) To attend a psychological assessment and attend, participate in and complete any recommended treatment as directed by a Probation Officer.

    (5) To attend an assessment for a departmental programme/maintenance group, and attend, participate in and adhere to the rules of the programme/maintenance group as directed by a Probation Officer.

    (6) To attend appointments with a mental health provider as directed by a Probation Officer.

    (7) To comply with the requirements of electronic monitoring and provide unimpeded access to your approved residence by a Probation Officer and/or representatives of the monitoring company for the purpose of maintaining the electronic monitoring equipment as directed by a Probation Officer.

    (8) To submit to electronic monitoring as directed by a Probation Officer in order to monitor your compliance with any conditions relating to your whereabouts.

    (9) To be at your approved address between the hours of 9:00pm and 6:00am daily, unless you have the prior written approval of a Probation Officer.

    (10) Not to enter the wider Auckland area as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.

    (11) To comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing at a time and place to be notified to you.

    (12) To disclose to a Probation Officer, at the earliest opportunity, details of any intimate relationship which commences, resumes, or terminates.

    (13) To obtain the written approval of a Probation Officer before starting or changing your position and/or place of employment (including voluntary and unpaid work). To notify a Probation Officer if you leave your position of employment

    (14) To reside at [withheld] or any other address approved in writing by a Probation Officer, and not move from that address unless you have the prior written approval of a Probation Officer.