New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

David Kang Huat LIM

Hearing: 26 January 2022

at Tongariro Prison

Members of the Board: Ms T Williams Blyth – Panel Convenor

Mr L Tawera

Hon. C Borrows

DECISION OF THE BOARD

1. David Lim (46) was scheduled to appear today for consideration of parole.  Ms Lim is serving a five-year sentence for serious sexual offending against four young men.
2. Ms Lim was sentenced on 18 August 2017 and has a sentence end date of 1 June 2022.  There is about four months left on her sentence.
3. On 1 June 2018 Ms Lim was served with a deportation order.  On release, she is to be deported to Malaysia.
4. The parole assessment report confirms that Ms Lim has not been involved in any incidents or misconducts.  Due to her continued denial, she has not completed any offence-focused treatment.  Her engagement with psychological services was to develop a safety plan from a denier’s perspective.  If released, Immigration New Zealand (INZ) have requested eight weeks’ notice to make the appropriate arrangements.
5. Before the hearing we received a waiver dated 22 January 2022 signed by Ms Lim.  She does not wish to attend the hearing because: “Nil changes in circumstances and nil new development.”
6. There is limited information regarding Ms Lim’s release plan.  Once deported, she will live with [withheld]. [withheld] are aware of the charges, but they do not believe that she is guilty.  It is difficult to know whether the release plan is appropriate or considers any risk to the Malaysian community.
7. In the circumstances, we are not satisfied that Ms Lim no longer poses an undue risk and parole is declined.  Ms Lim will be released at her sentence end date.  Due to COVID-19 and together with the difficulties in obtaining flights it is possible that Ms Lim will be released into the community.  Her continued detention in custody will be a matter for INZ.
8. If, at her sentence end date, Ms Lim can be deported directly to Malaysia then she will be subject to the following standard and special conditions:

(1) If Ms Lim is unable to be deported to Malaysia on her release then the following standard and special conditions will be in place for six months past her sentence end date.

9. If, at her sentence end date, Ms Lim is unable to be deported directly to Malaysia on release, the following conditions are recommended:

(1) When applicable, to abide by the direction of New Zealand Immigration authorities, or the New Zealand Police, for deportation from New Zealand.

(2) Once deported under the direction of the relevant authorities, not to return to New Zealand.

Should Ms Lim be released on parole prior to deportation, the following conditions are recommended:

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

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

(5) Not to enter Hawke’s Bay or Auckland without the prior written approval of a Probation Officer.

(6) To reside at an address approved in writing by a Probation Officer, and not to move from that address unless you have the prior written approval of a Probation Officer.

(7) Not to engage in any employment, including voluntary or unpaid work unless you have the prior written approval of a Probation Officer.

(8) 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.