The Press

Parole boss speaks out on deportatio­n of criminals to NZ

- Deidre Mussen and Ben Heather

The Parole Board head says he is concerned Kiwi criminals are being deported on parole with no legal oversight.

Justice Warwick Gendall said a political solution was needed for the stream of criminals, some of them dangerous, who arrived in New Zealand, with little means of keeping track of them.

‘‘It’s a dilemma for the receiving country of someone who should be monitored on parole.

‘‘In order that there can be supervisio­n in the country to which they are deported, there has to be some reciprocal legislatio­n.’’

His comments come as Australian Prime Minister Malcolm Turnbull visited Auckland during the weekend for talks with his Kiwi counterpar­t John Key. The plight of New Zealanders stuck in detention centres awaiting deportatio­n formed part of the talks but Key gained few concession­s.

Gendall also suggested that dangerous criminals on life sentences could stay in the country where they offended for the rest of their lives.

At present, once these dangerous criminals arrive back in New Zealand, they faced no supervisio­n, regardless of their crimes.

Paroled lifers in New Zealand who remained on our shores were monitored for the rest of their lives and could be recalled to prison if they breached parole conditions or reoffended.

There are nearly 200 Kiwis in detention centres in Australia, awaiting deportatio­n following criminal conviction­s. They account for one in every 10 people detained in immigratio­n centres, second only to Iranians.

Most have committed minor crimes, in some instances decades ago, but others are dangerous criminals, who will face no parole conditions when they are eventually deported to New Zealand.

Documents released recently by Justice Minister Amy Adams, under the Official Informatio­n Act, have revealed growing alarm among officials about the stream of criminals returning from Australia. The number has increased dramatical­ly after immigratio­n law changes in Australia in December last year, which automatica­lly revoked visas of anyone who had been cumulative­ly sentenced to 12 months or more in prison.

If the offenders had remained in Australia, they would be on parole but back in New Zealand there was ‘‘no formal way’’ to keep track of them, officials said. When police were informed of a returning criminal they were able to meet them at the airport, but could not compel them to undergo supervisio­n.

Police have struggled to get a record of deportees’ criminal history from Australian authoritie­s, which cite privacy restrictio­ns.

The problem of dangerous criminals returning from Australia was highlighte­d in 2011, when Jeremy George McLaughlin murdered Christchur­ch 13-yearold Jade Bayliss. It was later revealed McLaughlan had been deported from Australia after serving time for another murder, and Bayliss’ mother has since campaigned for a trans-Tasman register of killers.

Last month, Adams announced a deal had been struck with Australia to share more informatio­n about deported criminals. This would include a six-month headsup for any pending deportatio­n, along with a criminal history, fingerprin­ts and gang connection­s.

On Friday, Adams said the Government recognised ‘‘there was a gap’’. ‘‘At the moment there is no scheme for monitoring all offenders who are deported after completing their sentence overseas.’’

Some law changes are also in the works that would allow supervisio­n of criminal deportees equivalent to parole conditions.

‘‘It’s the Government’s intention that all criminals being deported should be subject to the same sort of conditions that they would likely to be subject to if they came out of a New Zealand prison,’’ Adams said.

 ?? Photo: FAIRFAX NZ ?? The deportatio­n of New Zealand criminals from Australia was discussed by the two countries’ prime ministers, Malcolm Turnbull, left, and John Key, in Auckland last week.
Photo: FAIRFAX NZ The deportatio­n of New Zealand criminals from Australia was discussed by the two countries’ prime ministers, Malcolm Turnbull, left, and John Key, in Auckland last week.

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