KEY POINTS:
A Samoan who indecently assaulted his neighbour's 12-year-old daughter has been allowed to stay in New Zealand because deporting him would cause his wife too much "distress and shame".
The Deportation Review Tribunal this month quashed a deportation order made against Komi Sao on March 31 2005, saying he was not likely to reoffend and it would be "unjust or unduly harsh" to deport him.
The 24-year-old was found guilty of indecent assault after he kissed and fondled his neighbour's daughter in June 2003.
At the time of the offending he had been in New Zealand on a residence permit for less than two years.
His wife is a New Zealand resident, as are his two children and a third child that was adopted to relatives.
Mrs Sao, a Sunday school teacher at her Mormon church, said she had forgiven her husband for his offending and her main priority was keeping her family unit together.
As a result she would return with her husband if he was deported to Samoa, despite the "shame, distress and embarrassment' it would cause.
In making its decision the tribunal said the principal concern was whether the effect of the deportation on Sao and his family would meet the statutory test of unjustness or undue harshness.
It found a return to Samoa would be difficult for Sao and his wife as they had worked and established a solid foundation for their family in New Zealand.
"They have no savings or assets with which to re-establish themselves in Samoa. Their standard of life will inevitability be lower there.
"Most importantly, however, the wife's family support is here and her removal to Samoa will cause her to lose this.
"The wife's return to Samoa in particular will expose her to a continuation of the distress and shame she has been enduring for three years that have elapsed since [Sao's] arrest."
The tribunal noted that Sao had attended a programme designed to prevent re-offending, had told his extended family and made a voluntary admission about his offence to his church elders and minister.
He had also been participating in voluntary counselling provided by the church.
