Donna Awatere Huata was "bowled over" when the Parole Board granted her home detention yesterday and is expected to return to Hawkes Bay next week.
The former MP applied for the home detention that is often available to offenders who are within three months of being eligible for parole.
Awatere Huata was sentenced last September to two years and nine months in prison. She is eligible for parole in July.
Lawyer Jeremy Bioletti said the board was told that Awatere Huata was not a risk to the community and was a mature and responsible person who would respect the conditions of home detention.
The board deliberated in private for 10 to 15 minutes before returning with the decision, he said.
"I think she was bowled over. You're never quite sure about what's going to happen. You can't take it for granted," he said.
She is likely to be released from Waikeria Prison, south of Te Awamutu, on Tuesday or Wednesday.
Awatere Huata and husband Wi Huata were found guilty of four charges of fraud and one joint charge of attempting to pervert the course of justice.
They were found guilty of stealing more than $80,000 from the Government-funded Pipi Foundation, set up by Awatere Huata to help underprivileged Maori children develop literacy and social skills.
The jury trial was told some of the money helped to pay for a stomach-stapling operation for Awatere Huata and some went on school fees for her children.
Wi Huata is on bail pending an appeal against his convictions.
Awatere Huata, who is also appealing against her convictions, was supported at yesterday's hearing by family members and people from her community.
A spokesman for the Parole Board said a full copy of the decision to grant home detention should be released today.
Awatere Huata will be monitored by an ankle bracelet and must not leave her Bridge Pa, Hawkes Bay, home.
Mr Bioletti said Awatere Huata, who has five children, was pleased to be returning home to her family.
"That is what she is really happy about, that she can be a mum."
Wi Huata would not comment on the decision when contacted by the Herald yesterday.
Asked if the former Act MP had found it tough in prison, her lawyer said most people did.
"She's a pretty strong person and the case is not over yet. We've got an appeal."
Awatere Huata had been writing and studying for a doctorate during her time in prison.
After being verbally abused at Mt Eden she requested a transfer to Waikeria Prison.
Huata 'bowled over' with home detention ruling
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