Overstayer abuses NZ lifeline

By STEPHEN COOK

The overstayer who was allowed to remain in New Zealand for lifesaving kidney treatment when he beat his wife has assaulted her again, and now faces prison and possible expulsion.

Last August, Senee Niusila, 31, pleaded guilty to assaulting his wife, Moana Niusila, but was discharged without conviction on humanitarian grounds.

During that altercation Niusila punched his wife in the face while she was breastfeeding their 18-day-old son.

Now less than a year later, the unemployed Tuvaluan overstayer is facing a possible two-year prison sentence after pleading guilty last month to charges of assaulting and threatening to kill his wife at their Auckland home on June 13.

The case is likely to pose a moral dilemma for the Government and the Immigration Service.

Deporting Niusila would amount to a death sentence, as Tuvalu does not have the medical facilities to provide the care he needs.

Medical experts say that without that treatment Niusila would be dead within a fortnight.

A spokesman would not say whether police were seeking a prison sentence. But he said police did not have the power to recommend Niusila be deported. That was a matter for the Immigration Service.

Alerted this week by the Weekend Herald to developments in Niusila's case, the Immigration Service said it was investigating and would report its findings to Associate Immigration Minister Damien O'Connor.

A spokesman for Mr O'Connor would not be drawn yesterday on whether the minister would ask the service to deport Niusila.

The Immigration Service can revoke a person's work permit if he or she is convicted of a crime in New Zealand.

Niusila came to New Zealand in 1998 on a three-month visitors visa.

While here, he developed a serious kidney condition and in May last year, despite being an overstayer and facing an assault charge, he was granted a two-year temporary work permit so he could continue receiving dialysis treatment at Auckland Hospital.

The permit was granted because Niusila's Cook Island-born wife was a New Zealand resident and the couple had a New Zealand-born child.

Prime Minister Helen Clark and then-Immigration Minister Lianne Dalziel knew of the assault charge, but supported Niusila, describing him as "a special case".

Judge Josephine Bouchier also gave the overstayer a reprieve, saying a criminal record would affect his application for permanent residency.

Deportation would also end his dialysis treatment.

Dialysis costs about $70,000 a year for each patient. The Government spends about $600,000 a year treating overseas kidney patients, mostly Pacific Islanders.

Niusila is one of about 400 people on the waiting list for a kidney transplant.

National's immigration spokesman, Wayne Mapp, said the Immigration Service had no alternative but to deport Niusila.

He had been given every chance to be a good citizen, and regardless of his medical condition had waived his right to stay in New Zealand.

"If he is jailed he should serve his term and then be deported," Dr Mapp said.

"This man has to show a degree of accountability for his actions. The fact that he is ill should not mean he gets a free run."

Niusila's convictions for assault and threatening to kill follow an altercation on June 13 at the Waitakere home he shares with his wife and three children.

Police said Niusila argued with his wife and then pushed her and pulled her hair. Mrs Niusila, fearing for her safety, went to the kitchen and picked up a knife.

Niusila retaliated by saying he would kill her. Police were called and he was arrested.

This week, Mrs Niusila claimed the incident had been blown out of proportion and that she was to blame for her husband attacking her.

Last year, she also claimed she was partly to blame for her husband assaulting her.

"It was me this time, all me. It was my fault. My husband is a good man, a good family man," she said.

"I only called the police because I was angry. I don't want him to go to prison. "We are having counselling now. We have a good marriage."

Mrs Niusila said she took a swing at her husband because "I just got angry" and he grabbed her hair.

Said Niusila: "My wife was hitting me. I just was trying to stop her. I did not hit her."

Mrs Niusila said she then "went crazy" and grabbed a knife, but thought twice about using it after her husband told her he would kill her.

"I was angry because she had got a knife. I wasn't really going to kill her," Niusila said.

Still angry, Mrs Niusila said she then called the police, a decision she now regretted, especially as it could mean her husband may be deported.

While there had been "no substance" to the charges, she had told her husband to admit them "just to get the whole thing out of the way".

She had no idea at the time he could end up in prison or be forced to leave his home in New Zealand.

If he was forced to return to Tuvalu he would die, she said, because no treatment was available there for his condition.

Niusila said he was "very worried" about the prospect of a prison term, and believed he deserved another chance.

He regretted what had happened and was confident there would be no further trouble with his wife.

"I am not a violent man. I am a good man. I love my wife. I am devastated about this," he said. "I don't want to go to prison, but I know it is a possibility."

Niusila will be sentenced in Waitakere District Court on August 4.

SHOULD HE GO?

Associate Immigration Minister Damien O'Connor

No comment.

National Party immigration spokesman Wayne Mapp

"If he is jailed he should serve his term and then be deported."

New Zealand First leader Winston Peters

"It is a matter of humanity, really. Do New Zealanders want that [Niusila's death] on their conscience. It's a tough call. His Government should tell us now what their answer to this problem is."

Immigration lawyer Olinda Woodroffe

Niusila should be given one more chance but monitored by authorities to ensure he did not reoffend again.

Amnesty International New Zealand director Ced Simpson

Believes several human rights issues need to be considered. These include not only the Niusila family's rights but those of ordinary New Zealanders.

Tell us your view, Email the Herald News Desk or fax (09) 373-6421.