The court heard Tuivai was in New Zealand from Tonga working at the refinery in Marsden Point. The living complex he lived in backed on to a block of emergency housing units where the victim lived.
About midnight, the victim was getting ready for bed when she heard a knock at the door. Thinking it was a friend who lived next door, she opened the door to an intoxicated Tuivai, whom she did not know.
Tuivai forced his way into the apartment, demanding the woman take off her clothes and then held her down.
Judge John McDonald said because of the size of Tuivai, the victim was unable to stop him.
Tuivai raped the woman, refused to let her leave the apartment and also forced her into oral sex.
After some time he told her not to tell anyone and, when a neighbour knocked on the door, got up and ran naked into the night.
His clothing was found outside the building and DNA matched him to the crime.
Tuivai’s lawyer, Jarred Scott, argued his client deserved a reduced sentence due to his age but Crown prosecutor Danette Cole countered he was too old to qualify as a youth.
Scott also submitted his client, who cannot speak English, had submitted a letter of remorse which was difficult for him to prepare because of his language capabilities.
Judge McDonald said this was a home invasion committed by Tuivai for the sole purpose of obtaining non-consensual sex.
“You accept she did not consent,” Judge McDonald said.
“She was surprised and confronted by you, a much larger and powerfully built man.
“You are not a young man, misreading the signals of a partner. This was not impulsive and this was not bad decision-making on your part.”
Judge McDonald said Tuivai’s explanation he was drunk was not an excuse for rape and sentenced him to seven years and three months’ imprisonment.
Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.
