A Tauranga man deported from Australia after serving one third of his eight-year jail sentence for drug dealing is fighting an application to impose two years of supervision conditions on him.
New Zealand-born Aaron James Falle, 41, served his sentence in a Queensland prison then spent four months in a detention centre before being deported to New Zealand.
Falle, who had been adopted and lived in Australia since he was 5, arrived back in New Zealand on December 1 and initially lived on the North Shore before making his way to Tauranga. He is currently subject to an interim supervision order but the Department of Corrections has made an application to Tauranga District Court for a supervision order to be imposed on Falle for two years from the date of his release from prison, under the Returning Offenders (Management and Information Act) 2015.
The supervision regime is intended to assist in monitoring offenders returning from overseas who had served more than one year in prison in another country. The court heard Falle was looking for work in the mining industry and was due to have a job interview in the industry today.
Steve Symon, who appeared on behalf of Department of Corrections, told Judge Thomas Ingram that the department was seeking the supervision order which included the conditions that Falle reside at an address approved by the department, a ban on consuming alcohol and possessing illicit drugs, and a restriction on his travel without prior written approval.
The department was also seeking a condition that Falle undertook an assessment into his rehabilitation and counselling needs and for him to do some counselling and attend a rehabilitation programme if directed to do so.
Mr Symon said this was a unique case because Falle had made his way to Tauranga and was not eligible to apply for criminal legal aid so the matter was being heard in the civil jurisdiction.
Falle, who represented himself in the proceedings, said he did not object to the drug condition but saw no need to impose an alcohol condition nor restrict his travel because he wanted to return to Australia as soon as he was granted permission to do so. He also said he did not believe he needed counselling because he had undertaken rehabilitation programmes while in prison.
However, Mr Symon said it may assist him from sliding back and re-offending.
Judge Ingram questioned whether it was necessary to impose most of the conditions sought by Department of Corrections on Falle.
The judge said there was also no evidence of any further offending nor alcohol-related issues for Falle and there would have to be some justification to impose the conditions sought.
Judge Ingram adjourned the matter until April 28.
Outside court Mr Falle said he did not want be here because his home, and his family, including his 20-year-old daughter were in Queensland and he did not understand why there was any need to impose a two years supervision order on him. As soon as the 12-month restriction expired he would be applying to go back to Australia.