Esther Faifailoa, 31
11 charges of fraud (obtained $38,000 in benefits).

Fraudulently obtained $38,000 in benefits over a three-year period. She did not tell Work and Income New Zealand that she was living with her husband and failing to declare income.

The Facts

Faifailoa admitted that she did not tell Work and Income New Zealand that she was living with her husband Eliu Eliu, and failing to declare income. In omitting that information, Faifailoa fraudulently obtained $38,000 in benefits over a three-year period. Eliu was also charged alongside her for fraudulently obtaining $8000 in benefits. The court heard that Faifailoa used the overpaid money to clear debts taken out in her name by her former partner, the father of her children, including a personal loan and vehicle finance. Eliu became involved in the scam when he was encouraged to sign WINZ forms after an explanation from Faifailoa. As he did not speak English he was reliant upon her to tell him what he was signing.

The Victim:

A lawyer for WINZ said there had been a "breach of trust" between his client and Faifailoa. He said the benefit system relied on honesty, and she had taken advantage. He said a strong sentence needed to be handed down deterring other beneficiaries from doing the same thing in future. Eliu's $8000 fraud was "relatively modest" but still cost the taxpayers. WINZ were not seeking any reparation order from the court, and had their own fraud recovery mechanisms in place.

Features of Offending:

Aggravating:

• None.

Mitigating:

• First time offenders.
• Cooperated with investigators once the fraud was detected.
• Early guilty plea.
• Offending was not out of greed or for personal gain.
• Remorse and regret.

Judge's Comments:

“ The amount of Faifailoa's fraud was "close to the border" for home detention, and in similar cases sentences of 12-18 months had been handed down. I accept the offending was not for any personal greed on your behalf. I accept that this money was used to clear debts you had been left. HOme detention has the potential to interfere with your employment, the best thing I can do with her today is to preserve her employment. That you have a job are working is the most significant thing in terms of preventing your reoffending. Your offending can be met with a term of community work - it will be significant to take into account that an electronically monitored sentence hasn't been imposed. As far as I'm concerned... for your children the most important thing is you remain in employment. You can though, contribute something back to the community and that will be by a meaningful term of community work. ” Judge Russell Collins