A man who murdered his second cousin in a "drug deal gone wrong" will remain on parole despite being caught using drugs again.
Nicholas Michael Kawana, 60, was jailed for life, with a minimum non-parole period of 10 years, after shooting Mark Waihape in Nightcaps in 2006.
His criminal record, though, stretches all the way back to 1984 and includes driving offences, weapons-related crime, fraud, drugs, violence and dishonesty.
Kawana had previously been paroled and recalled to prison in 2019, 2020 and 2024.
He appeared in the Dunedin District Court last week for yet another breach of his conditions and was given a nine-month deferred sentence.
The court heard Kawana was last released in November — and was in trouble again three months later.
On February 28, he completed a drug test, which was positive for cannabis.
Court documents noted his compliance in reporting to his Probation officer was "borderline sufficient, recurrently showing reluctancy to engage on a level suffice to someone on life parole".
A week after his failed drug test, Kawana was instructed to provide evidence of his recent cannabis prescription but, after several opportunities, failed to do so.
It was not his first drug-related parole breach.
Kawana had previously been caught using cannabis and methamphetamine while outside the confines of prison.
The murder of his second cousin also had a grounding in illicit substances.
In 2006, while being pressed for payment of a drug debt, Kawana retrieved a shotgun.
He fatally shot Mr Waihape, who had approached him with a hunting knife.
Parole Board documents released to the Otago Daily Times detailed his 2024 recall to prison for the first time.
Police said they had observed Kawana on August 28 last year consorting with a known drug dealer in a Mosgiel petrol-station forecourt.
Over the following week, he reportedly visited 13 petrol stations "at all times of the day and night".
Kawana told the board that each visit involved legitimate transactions and explained his frequent trips were the product of him eking out his available funds.
The Parole Board said the man’s version of events "lacked credibility" and recalled him to continue serving his life term.
However, he was immediately released.
Kawana’s deferred sentence at last week’s court hearing means he remains on parole.
He will next see the Parole Board for a progress hearing in September.
His current conditions include:
— To abide by an 8pm-8am curfew.
— To live at an approved address.
— To submit to electronic monitoring.
— Not to use alcohol or non-prescribed drugs.
— To attend any treatment as directed.
— Not to enter Southland.
— To obtain approval from Probation for changes in employment.
— Not to contact any victim.
Timeline
Nov 2007: Nicholas Kawana is jailed for life for murdering Mark Waihape.
Sept 2018: He is released on parole for the first time.
Feb 2019: Sentenced to a month’s imprisonment for using cannabis, immediately released.
Feb 2020: Kawana tests positive for methamphetamine use.
Mar 2020: Jailed for two months over the breach.
Aug 2024: Seen visiting numerous service stations over several days in suspicious circumstances while on parole.
Nov 2024: Kawana is recalled to prison but immediately paroled.
Feb 2025: Tests positive for cannabis use.
Jun 2025: Kawana is given a nine-month suspended sentence and remains on parole.
rob.kidd@odt.co.nz , Court reporter
