The two appealed against their sentence last month and today the Court of Appeal released their judgement indicating Tepatasi would have her sentence reduced by three months but Kalifa's appeal would be dismissed.
The 10-week-old child was in the care of the couple, however it was later established he was not their biological child despite a birth certificate indicating otherwise.
The baby received multiple bone fractures, including a fractured femur which had also been displaced, and a fractured tibia and pelvis. The injuries occurred sometime between when the child was born on January 26 and March 25, in 2011 but were only discovered in April 2011 when the pair moved to Hastings from Lower Hutt.
Expert evidence given during the trial indicated the injuries occurred from at least two separate incidents and the displaced femur would have caused "significant, sometimes excruciating pain".
Three Court of Appeal Judges, Justice Jillian Mallon, Justice Simon France and Justice P O'Regan, found no issue in relation to the sentence imposed on Kalifa but an "additional factor" in relation to Tepatasi "ought to have been recognised".
They said Tepatasi had taken the baby to either a hospital or medical centre on three occasions, firstly on March 16, 2011 because of a fever, on March 30, 2011 for immunisations and on April 5, 2011 where there was swelling evident in one of the child's limbs.
During the first two visits to a doctor the injuries were not discovered, nor disclosed by Tepatasi, but on the third trip "the full extent" of the boy's injuries were found by medical staff.
Tepatasi's lawyer Roger Philip argued some allowance should have been made for his client taking the baby to a doctor, however Crown prosecutor Kim Laurenson resisted and said Tepatasi did not alert medical staff to the seriousness of the injuries.
The Judges said Tepatasi should be given credit for taking the child to receive medical treatment, which "could have have led to the discovery of the injuries".
"Given that the sentencing was undertaken on the basis that the case was one of concealment of injuries, we think it should have been a factor in Mrs Maulolo's favour that her conduct was a failure to alert doctors to the incidents causing the injuries, rather than simply keeping [him] away from medical practitioners who may have discovered the injuries," the judges said.
"We consider that an additional allowance of three months is appropriate for this factor."
Last month Tepatasi pleaded guilty in Hastings District Court to falsifying the baby's birth certificate and will be sentenced next month.
