NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Criminal's five children not enough to stop Australia deporting him

Sarah Curtis
By Sarah Curtis
Multimedia Journalist·NZ Herald·
21 Mar, 2022 06:00 AM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Australian authorities have deported a New Zealand-born father of five who clocked up an extensive criminal history and served a recent jail term. Picture: 123RF

Australian authorities have deported a New Zealand-born father of five who clocked up an extensive criminal history and served a recent jail term. Picture: 123RF

A New Zealand-born father of five with a criminal history spanning 23 years in Australia has failed in a last-ditch bid to remain there.

The man, who was sent to Australia to live with an aunt after being physically abused as a teen, pleaded with authorities to let him stay in the same country as his children.

He said he wanted to be a father to his kids and be there for them when they needed him.

"I always said I would never disown my kids like my dad did with me."

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

However, Australia's Administrative Appeal Tribunal has decided his children weren't enough of a reason to stop him from being deported.

The 41-year-old was sentenced last January to 18 months' imprisonment for burglary.

The prison term of more than 12 months and his lengthy criminal history meant he failed Australia's controversial character test under Section 501 of the Migration Act 1958, triggering mandatory cancellation of his visa.

In a recently-released decision, the Administrative Appeal Tribunal refused his application to revoke the cancellation.

Advertisement
Advertise with NZME.

While the best interests of minor children in Australia are a primary consideration for the Tribunal, it was outweighed in this case by other primary considerations - to protect the Australian community from serious misconduct, including family violence, the Tribunal said.

The man was sent to Australia when he was 15 after suffering physical abuse from his father and stepfather. He has never been back to New Zealand.

His criminal offending began when he was 18 and has continued almost yearly since.

While characterised by property and dishonesty-related crimes, numerous traffic offences and breaches of court-imposed orders, his list of previous offences also includes some that resulted in extended prison terms.

Discover more

New Zealand

Father-of-three worried about weather before fatal trip

21 Mar 06:05 PM

He was jailed for two years and seven months in 2006 for a grievous bodily harm charge, in which he fractured a man's eye socket.

In 2008, he received a three-year prison term for his part in a phony robbery set up to steal about $40,000 from his employer.

He was warned by immigration officials in 2010 that his visa was in jeopardy but continued to offend regardless.

In 2015 and 2020, he was subject to domestic violence orders after incidents involving his current partner – the mother of his three youngest children, some of whom were present as he issued derogatory taunts, damaged and destroyed property.

The man told the Tribunal his children were the main reason for his application to stay.

They are all Australian-born: two from an earlier relationship are aged 23 and 21 and three from his current relationship are aged nine, six, and two.

Advertisement
Advertise with NZME.

He took "full responsibility" for his offending but felt he had been dealt with too harshly for the burglary charges and that he had not expected the prison term.

At the time he was drinking alcohol every day and using ice (crystal methamphetamine).

"I'm willing to do everything I can to not reoffend. I'm 40 years old now and have a loving, caring family who need their partner, Dad, home," the man said.

The Tribunal said there were no reports to assess the man's risk of recidivism but based on his history, any reoffending by him would likely result in wide-ranging financial, emotional, and physical harm to people and/or road users.

He showed little insight into his offending, often downplayed it, blamed it on others or on his substance abuse.

He had not sought help to address his childhood trauma and had limited engagement with offender rehabilitation programmes, despite repeated warnings from the judicial system.

Advertisement
Advertise with NZME.

Previous alcohol and drug rehabilitation programmes were ineffectual.

It was accepted the man had a parental role in the lives of his three youngest children, but the Tribunal was concerned about how genuine the man's evidence about his children was.

He made similar claims about his older children to the Department of Home Affairs in 2010 but he now had little if any contact with them.

Inconsistencies in his evidence as to the nature and duration of his relationship with his younger children also caused concern. His claimed daily phone calls with his younger children breached conditions of the 2020 Domestic Violence order, which forbade him from contacting his partner.

Since their father's imprisonment, the three younger children had lived with their mother in a house built by her parents who lived on a neighbouring property and were helping to raise the children.

Other considerations, including the strength, nature and duration of the man's ties to Australia and impediments he would face if returned to New Zealand, were not sufficient to change the Tribunal's decision.

Advertisement
Advertise with NZME.
Save

    Share this article

Latest from New Zealand

New Zealand

Lawyer challenges 'plain wrong decision' in Jago's sexual abuse case

17 Jun 09:20 AM
New Zealand

Watch: Inside look after fire engulfs Auckland supermarket

17 Jun 08:15 AM
New Zealand|crime

Fit of rage: Man injures seven people in attack on partner, kids and neighbours

17 Jun 08:00 AM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Lawyer challenges 'plain wrong decision' in Jago's sexual abuse case

Lawyer challenges 'plain wrong decision' in Jago's sexual abuse case

17 Jun 09:20 AM

Former Act president's lawyer claims sentence was too harsh, calls for home detention.

Watch: Inside look after fire engulfs Auckland supermarket

Watch: Inside look after fire engulfs Auckland supermarket

17 Jun 08:15 AM
Fit of rage: Man injures seven people in attack on partner, kids and neighbours

Fit of rage: Man injures seven people in attack on partner, kids and neighbours

17 Jun 08:00 AM
Inside look: Damage revealed after fire engulfs Auckland supermarket

Inside look: Damage revealed after fire engulfs Auckland supermarket

Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP