Babies for sale: New Zealanders commissioning illegal surrogacy in Thailand
New Zealanders are travelling overseas to illegally commission surrogate babies from Thai women, and bringing them back home to adopt them despite opposition from Oranga Tamariki.
It's a practice the agency has labelled a 'concerning trend' and it said there had been five cases where surrogate parents have flouted international
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National Business Review
4 hours ago
- National Business Review
Self-defence in the workplace: how much force is reasonable?
The Employment Court has upheld the dismissal of an Oranga Tamariki youth worker for using unnecessary force during an altercation with a rangatahi (young person). The worker, Ioana Hill, told the Employment Court she was entitled to defend herself under Section 48 of the Crimes Act, which is the
Otago Daily Times
a day ago
- Otago Daily Times
Man who killed German backpacker eligible for parole
It has been almost 20 years since a young German backpacker was murdered in a picnic area of a national park. The death of Birgit Brauer, whose body was found in Lucy's Gully, near Ōakura, southwest of New Plymouth, shocked two nations and led to an 18-day manhunt for her killer, Michael Scott Wallace. Wallace, then a 44-year-old drug-taking transient with an extensive criminal history, went on to deny the murder but was found guilty by a jury. He was sentenced in 2007 to life imprisonment with a non-parole period of 18 years. This month, he became eligible for parole and, despite the time that has passed, the 63-year-old is still refusing to admit to killing Brauer. Wallace made his first appearance before the Parole Board on May 14, at which he sought parole but was denied. The panel determined he had "a long way ahead to go" before he could be released. Wallace did not have an approved address at which he could reside if paroled, nor did he have a release proposal. The board's decision, released to NZME this week, stated Wallace has not been motivated to complete recommended treatments and was considered to still be in the rehabilitative phase of his sentence. It was also noted that he would undergo a formal assessment of psychopathy. Wallace recently refused to discuss his criminal history with a psychologist, and while the decision stated he had at some point claimed he could not remember the murder, he told the board that was no longer his stance. "He now says that he did not commit the offending," according to the decision, which was the position he took at trial. The fatal hitchhiking trip On September 20, 2005, Brauer and Wallace's paths fatally crossed in the tiny town of Waitōtara. There, she was picked up hitchhiking by Wallace as she travelled between Whanganui and New Plymouth. He drove her to Lucy's Gully in Te Papa-Kura-o-Taranaki, formerly known as Egmont National Park, and bludgeoned her with a metal bar before unbuttoning her jeans, likely with sexual intent. When Wallace was disturbed by a passing vehicle, he dragged Brauer into the bush and stabbed her in the chest. Her body was later found by a jogger. Wallace disposed of evidence and eventually made his way to the Manawatū area, where, almost three weeks later, he was arrested. He told police at the time that he did not want to hurt people, but he had, and he would be better off if police had shot him. Meanwhile, Brauer's body was returned to Germany. She was described by those who knew her as reserved yet open, honest and friendly. Brauer knew how to enjoy herself; she had a good sense of humour and was sometimes cheeky. She was drawn to New Zealand by a love of nature and geography and soon became a keen All Blacks fan. Brauer loved New Zealanders' down-to-earth attitude and believed she was safe hitchhiking. At Wallace's sentencing, Brauer's parents told the court that the events of 2005 would never leave them. "To this day, we cannot believe Birgit is not with us. A criminal like him does not deserve to live," they said in their victim impact statement. The unforgettable case A former top Taranaki detective said he wasn't surprised Wallace still denied killing the 28-year-old tourist, who had been on a working holiday in New Zealand when she was murdered. Grant Coward became a household name when he led the high-profile investigation into the murder, during which he made a "we will catch you" promise to the killer. Speaking to NZME this week, Coward, who received the Commissioner of Police's Silver Merit Award in 2008 for his role in the inquiry, recalled the murder as being callous and cold-blooded. Now retired, Coward said the case had been "a real whodunit", and it was a team effort to track Wallace and help bring him to justice. "It took longer than normal, but we got there in the end." He said it was difficult to know if, or when, Wallace should be released. But, he believed that if Wallace was not rehabilitative or admitting fault, he should have an extended period of imprisonment. Coward said he had not maintained contact with Brauer's family, but she would be in his thoughts forever. "I reflect on the cases that I've worked on, and she's right up there as someone who you remember, because of what happened." Brauer was also someone Caryl Blomkvist remembered from time to time. She and her husband, Fritz Blomkvist, hosted Brauer at their Whanganui farm in the final two weeks of her life, as part of the World Wide Opportunities on Organic Farms. When Brauer left, the Blomkvists dropped her off at the edge of Whanganui so she could begin her hitchhiking journey, but not without a warning. "We told her she shouldn't hitchhike," Blomkvist recalled when speaking to NZME this week. "Then a cop came and banged on our door at 11pm that night. We were pretty shocked." Blomkvist said Brauer's death was a traumatic time for everyone who knew her. "We still think about her," she said, describing Brauer as pleasant and hardworking. "She was no trouble. She spent her time quietly doing what we expected of her, very well. And she enjoyed reading her books and writing. "She wasn't living a party life at all; she liked the quiet life and enjoyed being on the farm." Blomkvist remained in contact with Brauer's mother, whom she said was a strong woman. Brauer's father has since died. Blomkvist preferred not to comment on Wallace, only to say that what he did to Brauer was undeserved. She said that she and her husband do not support him ever being released on parole. The unmotivated prisoner After Wallace's conviction for murder, it was revealed he had an extensive criminal history dating back to dishonesty offending in 1976, as well as arson and violence. In particular, he twice raped a woman in 1983, after attacking her husband and locking him in a closet. He served a five-year sentence of imprisonment for the home invasion and sex attack before later committing armed robbery and being sent back to prison. According to the recent parole decision, Wallace acknowledged at the hearing that he was guilty of his other crimes. "It would be useful to understand from him why he thinks he committed that offending, even if he continues to deny the index murder offence," the board's decision stated. While Wallace, who has not had any misconducts during his current sentence, was initially reluctant to speak with a psychologist in April for a risk assessment, he did, but refused to discuss his offending. The psychologist's report detailed a long history of alcohol and drug use and referred to a formal assessment of psychopathy to be conducted. Wallace, who has reimmersed himself in Te Ao Māori while in prison, has completed sessions with a one-to-one departmental psychologist, and a special treatment unit for high-risk violent offenders has been suggested. But there were impediments to Wallace entering such treatment, including his denial of the murder and his belief that he would not work well in a group setting. In the meantime, he will continue to undergo one-to-one treatment. The board found it was important Wallace also complete a drug treatment programme, despite not being motivated to do so. "Overall, Mr Wallace is still considered to be in the rehabilitative phase of his sentence, and therefore rehabilitation must be a priority." An updated psychological risk assessment was ordered before his next parole hearing, scheduled for next year. "So that the assessment is useful, we encourage Mr Wallace to discuss his offending history with the psychologist." - Tara Shaskey, Open Justice reporter
RNZ News
a day ago
- RNZ News
Oranga Tamariki youth worker loses appeal, dismissal for excessive force upheld
By Shannon Pitman, Open Justice reporter of Youth residence Korowai Manaaki. Photo: RNZ/Marika Khabazi A youth worker who was initially awarded nearly $30,000 for unfair dismissal after pushing a teenager who called her a derogatory name has now lost her case on appeal. The Employment Court has ruled that her dismissal was justified, determining she used excessive force and should receive no compensation as a result. Ioana Hill worked at the Oranga Tamariki youth residence, Korowai Manaaki, in South Auckland between 2017 and 2021. In March 2021, Hill was in the Nikau unit alongside four male staff members and six male rangatahi. A disagreement occurred between Hill and one of the teenagers over a missing pen and the boy was told to sit at the non-participation table (NPT). According to a recently released decision, he muttered, "F***** s***" as he walked towards the table, which caused Hill to feel embarrassed, humiliated and degraded in a room full of boys. She approached the teen who continued to aggressively repeat, "You f***** s***, you're a s***, you're a s***". Fearing for her safety, she used a technique called the train stop and pushed the boy backwards. He fell onto a chair. The boy went to get up again and Hill performed a second train stop but reported her hands missed his chest and moved towards his collarbone, pushing him back further than she anticipated. Hill left the unit upset, reported the incident to a team leader and admitted she had "f***** up". Oranga Tamariki conducted a review and dismissed her after viewing CCTV that showed her hand around his neck in a back-and-forth choking motion. The letter informing her of dismissal for serious misconduct said she had initiated the altercation when there had been no lawful ground to use force. Hill took her dismissal to the Employment Relations Authority (ERA) in 2024. It found she was unjustifiably dismissed and awarded her $29,000. Oranga Tamariki appealed the ERA decision recently, taking Hill to the Employment Court. Much of the ERA decision found Hill's actions were warranted as she was acting in self-defence, but Judge Merepaia King disagreed. "The purpose of a youth justice residence is to provide a safe environment and high standard of personalised care for rangatahi in Oranga Tamariki's care," she said. "Oranga Tamariki care for some of the most complex and challenging rangatahi in New Zealand. These rangatahi come from backgrounds of criminal offending, mental health or addiction issues and physical, sexual and emotional trauma. "There is an inherent power imbalance between staff and rangatahi. This is due to the legitimate and authorised power and control that Oranga Tamariki employees have over rangatahi in the youth justice residence." Although King acknowledged Hill was acting in self-defence, she said the teen did not pose any threat to Hill's safety, the safety of others or to property. "He was making offensive comments, but nevertheless he was complying with her instruction to go to the NPT in the corner of the room." Judge King ruled Hill used excessive force and the ERA erred in finding that Hill was unjustifiably dismissed. Despite this finding, Judge King found Oranga Tamariki conducted an inadequate investigation and criticised flaws in procedures, including an immediate dismissal. "Oranga Tamariki ought to have conducted a more thorough investigation before it rejected her position that she had feared for her safety at the time of the incident." Hill told NZME the four-year legal battle was about standing up for what was right. "I was invited more than once to consider an early resolution but chose to see the case through. I maintained my position throughout, and, despite the appeal, I'd rather bear the cost of pursuing justice than walk away quietly," Hill said. Iain Chapman, DCE for Oranga Tamariki youth justice services and residential care, told NZME that the safety of children sits at the core of its work and he welcomed the court's decision on this matter. "Our focus in the appeal was to ensure that the court accurately applied our regulations to this employment matter," Chapman said. "The regulations are intended to ensure force is only used in limited and appropriate circumstances." The previous order to pay $15,643.86 in lost wages and $14,000 in compensation has been set aside. * This story originally appeared in the New Zealand Herald .
