23 Jun 2024

Lawyer who assaulted girlfriend has new name, defending people facing domestic violence charges

9:17 am on 23 June 2024

By Jeremy Wilkinson, Open Justice reporter of NZ Herald

Kris Dender, now going by the name Kris Tuanui

Kris Dender, now going by the name Kris Tuanui. Photo: File / New Zealand Herald

This story discusses domestic violence

A lawyer who was convicted and then suspended for strangling his champion triathlete girlfriend is back practising law again under another name - much to the surprise of his victim.

Kris Dender, now going by the name Kris Tuanui, was sentenced to nine months' home detention in 2016 after he punched his partner Amelia Watkinson and then strangled her.

Dender, a multisport athlete, had stayed over at Watkinson's flat following a day of training together before waking in the early hours of the morning to find her texting another man. He told the court at the time he completely "lost it" before assaulting her.

Following his conviction, the Hawke's Bay-based Dender was suspended by the Lawyers and Conveyancers Disciplinary Tribunal in 2017 for two years, though he voluntarily suspended his practising certificate as soon as he was arrested.

"There was no dispute that this was serious criminal conduct of the sort which inevitably brings the profession into disrepute," the tribunal said at the time.

The tribunal described Dender's conduct as "reprehensible" and said it was giving him one final chance to remain in the profession by suspending him, rather than striking him from the roll.

"It is a profession where the standards of personal conduct are held to be high and there will not be tolerance of any repetition by you of serious criminal offending," its 2017 censure reads.

Now, Dender is back with a new name and is practising as a duty lawyer in the Taupō District Court where he has recently represented people facing domestic violence charges.

A duty lawyer is a government-appointed role that sees lawyers rostered on to defend people facing criminal charges in district courts. They qualify for legal aid payments to fund their time.

"I think it's surprising given the current climate on domestic violence," Watkinson told NZME.

"I feel that a lawyer is supposed to be someone who is supposed to be trusted and respected so it feels like an interesting call to let someone with a criminal conviction back in."

Watkinson said it had been eight years since the incident and she was still struggling with anxiety, particularly when she gets out of breath.

"Which is especially difficult given I'm a professional athlete," she said.

"I always thought that feeling would go away, but it hasn't."

Watkinson said she didn't know her ex-partner was acting as a lawyer again until contacted by NZME.

"It seems bizarre that, in the Law Society's eyes, it's apparently okay."

In a statement to NZME, Tuanui said he sincerely apologised for the 2016 incident and he took responsibility for it.

"My personal struggles at the time are no excuse for my grave mistake, which I deeply regret," he said.

"Since then, I have taken significant steps to ensure this never happens again. Notably, I stepped away from the legal profession for five years to develop the necessary skills and address my personal issues. This included completing a domestic violence course, one-on-one counselling, and other personal development programmes."

Tuanui said he was grateful to the Law Society for granting him an opportunity to return to the legal field.

"I understand the gravity of their decision and the responsibility that comes with it. My actions will be held to the highest standards, and I will not disappoint their trust."

His profile on the website of his employer, Mansfield Law in Hastings, mentions he "took a break from the law" before training as a duty lawyer and returning to criminal defence.

Tuanui was granted a practising certificate in 2021, but completed his duty lawyer training last year before returning to the profession in January this year.

'A criminal should not be permitted to defend other criminals'

His reinstatement has also drawn the ire of some legal professionals, who said it wasn't right for him to be representing people with the same charges he has convictions for.

"Working in the criminal justice sector involves working with volatile, aggressive, violent and unreasonable people in a high-pressure situation, the lawyer needs to be the opposite to that," a member of the legal community, who wanted to remain anonymous, told NZME.

The concerned person said domestic violence was one of New Zealand's biggest problems.

"How are we supposed to address the issues with the criminal justice system when the lawyers working within it are the criminals who every year sign a declaration that they are fit and proper people?"

Their sentiment was echoed by Watkinson's younger sister, Laura Watkinson, who believed Tuanui suffered only minor consequences for his actions at the time.

"Eight years on, he gets to live life as normal and my sister is still impacted," she said.

"A criminal should not be permitted to defend other criminals, it's as simple as that."

Tuanui's application for a practising certificate went unopposed by the Law Society, unlike several other lawyers who have had to plead their case before the Lawyers and Conveyancers Disciplinary Tribunal in recent years.

Last year NZME revealed Alwyn O'Connor was granted a practising certificate in 2011 despite serving time in prison for abusing a three-year-old boy and having a raft of dishonesty convictions to his name

After O'Connor was struck off in June last year, the Law Society said in a statement that since 2019 Practicing Approval Committees have included lay members to provide a public perspective.

It also said it would be reviewing its approach to aspiring lawyers having previous convictions.

In a response to NZME this week, the Law Society said it had since undertaken training with Practice Approval Committees and that any lawyer with prior convictions seeking a certificate would have to provide evidence they had reformed since then.

"In respect of convictions, the matters that may be considered relevant (in addition to the nature and seriousness of the offending and the lapse of time since it occurred) include the applicant's insight into their conduct and whether they have accepted responsibility for their actions," a spokesperson said.

Also taken into account was the aspiring lawyer's conduct since the offending, whether the applicant is remorseful, and if they have the support of other practitioners.

- This story originally appeared in the New Zealand Herald.

Where to get help:

Women's Refuge:(0800 733 843

It's Not OK 0800 456 450

Shine: 0508 744 633

Victim Support: 0800 842 846

HELP Call 24/7 (Auckland): 09 623 1700, (Wellington): 04 801 6655 - push 0 at the menu

The National Network of Family Violence Services NZ has information on specialist family violence agencies.

If it is an emergency and you feel like you or someone else is at risk, call 111.

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