In the Hamilton District Court in March, Tamati-Te Paki was sentenced to 11 months’ home detention by Judge Stephen Clark on representative charges of accessing a computer system for a dishonest purpose and obtaining by deception in March.
He has spent the last six months doggedly pursuing name suppression through to the Court of Appeal on the basis that it would cause extreme hardship to his wife and her occupation, which was redacted in its decision released to NZME this week.
In dismissing his application for leave to appeal, Justice Palmer stated that the grounds fell “significantly below” the specific thresholds.
She referred to Justice MacGillivray’s decision in the High Court where he stated there was “a strong and legitimate public interest in publication of Mr Tamati-Te Paki’s name”.
He noted that suppression would put other officers under suspicion, and the victim also wanted him named.
‘A snake in the grass’
The drawn-out proceedings have meant the victim, who has name suppression, has been unable to move on.
“Yes, there has been a sense of revictimisation,” a family spokesperson told NZME.
“She didn’t choose any of this. She continues to live with the consequences, while he has continued fighting to keep his identity secret.
“We believe his name should be out there. Thankfully, it is now.”
The spokesperson said the victim suffered PTSD and still had nightmares.
“He came into her life because he was supposed to help her. Yet he came as a snake in the grass.”
The spokesperson said the victim’s trust in police had been badly shaken.
“We don’t blame all police for what one officer did … yet one bad apple is enough to leave a sour taste.”
‘To help people in need’
Tamati-Te Paki is a father of six and was a police officer for six years.
He was supposed to focus on crime prevention and connect people in need with appropriate support services, and often worked with vulnerable victims, including the elderly.
He instead made the victim, aged in her 70s, drive to various ANZ bank branches and withdraw thousands of dollars of cash at a time, as he waited in the car park in his patrol car.
The victim lived alone and was vulnerable not just because of her age and isolation, but because of ongoing medical and mental health issues.
On July 24, last year, the victim visited her local ANZ branch to report suspicious bank account activity, claiming people had stolen her bank cards.
A staff member discovered a $4000 withdrawal, and Prezzy cards totalling $10,059.50 had been bought at Pak’nSave Highland Park in Auckland.
The victim was distraught, and the staff member advised her to contact police.
‘My dog needs surgery’
Tamati-Te Paki was assigned the woman’s file on August 19 and received the relevant CCTV footage from an Auckland ATM and the Pak’nSave.
His supervisor suggested he visit the victim for a “prevention and reassurance visit”.
He went to her house the same day and learned she had CCTV footage of her home. The pair reviewed the footage but couldn’t identify who stole her cards.
Tamati-Te Paki said he would return to review the footage more thoroughly and asked the victim for copies of her bank statements to help in his inquiry.
He visited on several occasions, and, at least once, was accompanied by a colleague who found the victim to be easily confused, had a poor memory, and struggled to articulate her thoughts.
Becoming aware of the money in her bank accounts, Tamati-Te Paki made several requests for money, all while in police uniform.
Haimona Tamati-Te Paki was a celebrated sporting success while a policeman, and is pictured here winning the 2022 Police Sportsperson of the Year. Photo / NZ Police Association Facebook
During a visit on August 21, Tamati-Te Paki told her that his dog was unwell and required surgery.
That was a lie.
However, the victim agreed to help because she wanted the dog to get better.
She drove to her ANZ branch to withdraw $8000 while he followed in his patrol car.
She then handed him the cash as he sat in the police car.
Later that day, he made two cash deposits of $4000 into his personal bank account.
On August 27, he asked the victim to make another withdrawal.
She again drove to her branch while he followed in his patrol car. The woman tried to withdraw $4000 but was declined by bank staff.
When she told him what happened, Tamati-Te Paki instructed her to follow him to another branch, where the withdrawal was successful.
He then deposited it into his personal bank account.
Tamati-Te Paki went to the woman’s house eight more times and, without her knowledge, used her mobile phone to access her online banking.
Between September 8 and October 17, he transferred $56,000 over eight transactions, ranging from $4000 to $9500.
He coded the transactions with “wedding gift”, “early Christmas present”, and “loan payment”, while others had just the victim’s name.
On October 20, the victim went to her bank in a distressed state, advising that a substantial sum had gone from her account.
Bank staff identified the numerous transfers into Tamati-Te Paki’s account.
A review of bank records found that he had previously contacted the bank, advising that the fraud inquiry had been allocated to him.
Bank staff froze the victim’s account and contacted police.
The next day, Tamati-Te Paki went to the victim’s house twice.
She was home but too frightened to open the door and instead hid from him.
A review found Tamati-Te Paki stole $68,000 – of which $12,000 was in cash withdrawals and $56,000 in bank transfers.
ANZ has refunded the victim in full.
‘This was manipulative and intentional’
The victim impact statement was read to Judge Stephen Clark by her stepdaughter who said she expected police to help her, but was instead “immediately deceived”.
“At the time of this, I was already vulnerable. I was not expecting to be harmed again.”
The offender, a police officer, was someone in a position of public trust, and made the whole process much harder, she said.
“He was someone I should have been able to trust without hesitation.”
Instead of being protected, she was exploited, she said.
“The offending was manipulative and intentional.”
‘A significant fall from grace’
Tamati-Te Paki’s counsel, Russell Boot, urged Judge Clark to hand down a home detention sentence.
He also pushed for credit for his previous good character and lack of previous convictions.
“He has taken significant steps at rehabilitation, and that should give you some confidence.”
He also had $30,000 to immediately pay in reparation, which Boot described as a lot, given he was a father and no longer employed.
It was also a significant fall from grace for his client, he said.
Crown Solicitor Jacinda Hamilton said the case was so unusual, she had been unable to find any other case involving a police officer as serious as this.
She labelled his actions calculated and cynical, by “spinning her a yarn” about his dog’s supposed emergency surgery, and then deceitfully taking advantage of her.
She suggested that of the officer’s $30,000 reparation, $5000 should be given to the victim.
While Boot submitted the offending was motivated by the former officer’s gambling addiction, Hamilton said there had not been any evidence provided to confirm this.
“The reference to a gambling addiction may put it into context, but there is little evidence about that,” she said.
She also opposed a good character discount, as that’s what he used to get his job as a policeman, and then went on to offend.
Judge Clark told Tamati-Te Paki that the victim “clearly trusted you to do the best by her”.
He allowed 40% in discounts; 25% for his guilty plea, 5% for providing the reparation, 5% for his gambling addiction, and 5% for his previous good character.
From a starting point of three years’ imprisonment, Judge Clark reduced the sentence to 22 months.
That was converted to 11 months’ home detention.
He would then be subject to 12 months’ post-detention conditions.
“I have to say Mr Tamati-Te Paki, it’s a really close run thing … the circumstances are quite extraordinary,” the judge said.
“Perhaps what sways it for me is the steps that you have taken, belatedly, what is clearly a gambling addiction and the offer of reparation.”
Judge Clark ordered the man to pay the full $68,000 in reparations, with $5000 to go to the victim.
‘Extremely disappointed’
At the time of sentencing, Waikato police Superintendent Scott Gemmell told NZME he was “extremely disappointed” by his behaviour.
Within 24 hours of being alerted, police had launched a criminal investigation, laid charges and had the former officer in court.
Tamati-Te-Paki’s actions fell “far below the standard expected of our staff”.
“It is particularly egregious that this person targeted a vulnerable older person who rightly trusted them in their capacity as an officer.
“The public deserves to have trust in us, and police will not hesitate to take action any time offending like this is detected.
“The community can be assured that a full investigation was undertaken and there is no further evidence to indicate any wider offending has been undertaken by this person.”
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 11 years and has been a journalist for 22.