The man was sentenced in April 2023 to seven years and 10 months in prison after a jury found him guilty of rape, unlawful sexual connection, two charges of male assaults female and two charges of injuring with intent to injure.
A psychologist said the man and his family likely “oversold” New Zealand to his wife’s family. After the arranged marriage she likely came with high expectations, which life did not match. Photo / 123RF
He later said he did not know that “consent was required with one’s wife”, and as far as assaulting her, he considered that it was “within the boundaries of his right to control her behaviour”, a deportation decision by the NZ Immigration and Protection Tribunal detailed.
The man’s parents were also charged with offences against the same victim. Charges against his mother were later dropped and the father was discharged without conviction.
Tribunal chair and District Court Judge Martin Treadwell said the tribunal, in dismissing the appeal, found no exceptional circumstances of a humanitarian nature.
The arranged marriage
According to the decision, the man, who was granted residence in New Zealand about 10 years ago, later returned briefly to India for an arranged marriage.
He and his wife then had a honeymoon before he returned to New Zealand, later followed by his wife.
Judge Treadwell said the offending happened soon after and continued until the man’s wife left the family home and stayed at a women’s refuge before finding her own accommodation.
The man went on to plead not guilty to the charges but was convicted after a jury trial in November 2022.
A notice from Immigration NZ that he was liable for deportation followed.
He went on to unsuccessfully appeal against his conviction and sentence in the Court of Appeal.
Appeal against deportation
In his appeal against deportation, he was supported by evidence from the president of his gurdwara (temple), Daljeet Singh, and clinical psychologist Greg Woodcock.
Singh submitted that the man had endured significant hardship in custody, including the loss of his mother, and hoped the experiences might have instilled a renewed perspective and genuine motivation to change his life for the better.
He said the man’s sister, who resides in New Zealand, was under “considerable mental and emotional stress” and needed her brother’s support.
Woodcock said the man’s response to therapy had been good, even though working through an interpreter was difficult.
He said the man and his family likely “oversold” New Zealand to his wife’s family and so she likely came here with high expectations, which were not met.
Judge Treadwell said the man first became eligible for parole in June this year but it was declined.
‘Kind, hard-working and generous’
Documents and letters included in a parole assessment report outlined the man as “kind, hard-working and generous” and despite his offending, he should be given the chance to contribute to New Zealand.
He said his sister relied on him for emotional and financial assistance as much as his father relied on him.
Judge Treadwell said it was accepted that deportation would separate him from his sister, who would need to continue to live in New Zealand.
He said the man’s father, who also resides in New Zealand, had a choice whether to remain or return to India to support his son.
The judge said there was “no reason” why the $200,000 equity in the family home could not be applied to resettlement in India.
“It is accepted that the family had a dream of permanent resettlement in New Zealand but that dream ended, at least in part, with the death of the appellant’s mother,” Judge Treadwell said.
He said it was true that the man had established a wide circle of friends in this country, particularly within the Sikh community, many of whom had written letters of support for him.
Submissions related to the man’s mental health were noted but there was no strong, corroborative evidence to assist the tribunal, Judge Treadwell said.
He said a return to India would be challenging for the man but he was an adult, capable of living independently.
He had assets in New Zealand, which could be realised to provide him with some capital to settle successfully.
“It is also accepted that the appellant will be saddened by the end of his efforts to build a life for himself in this country. He has invested in a business here and will no doubt have had plans for the future,” Judge Treadwell said.
The tribunal declined the appeal, but removed the period of prohibition on entry to New Zealand that would otherwise apply, to allow him to apply for a visa to visit his father and sister, subject to Immigration NZ approval.
The man’s statutory release date from prison was September 2030. He would be deported upon his release.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.