A teacher who secretly filmed a woman performing oral sex on him, and then shared the video with his friends, has been labelled a “terrible example to students”. 

Herman Fiu was charged with making an intimate visual recording and sharing it after the woman learned the video that was circulating online. 

Fiu pleaded guilty and was discharged without conviction in the district court, and ordered to pay his victim $4000. 

The Teachers Council was made aware of the prosecution against Fiu, and investigated whether he was suitable to hold a teaching registration. 

In 2024, he was charged with serious misconduct, and the Teachers’ Disciplinary Tribunal held a hearing where Fiu was censured and required to tell any future employer about the tribunal’s decision. 

According to the summary of facts outlined in the tribunal’s ruling, Fiu had been on several dates with the woman. 

After one, they returned to his home and had consensual sex. 

Fiu used his phone, without the woman’s knowledge, to record her performing oral sex on him, and sent the video to four of his friends the same day. 

One of the friends posted the footage to a website. 

Several months later, Fiu learned the video had been uploaded and asked his friend to remove it. 

About a month later, the victim saw the video and complained to police. 

In 2022, Fiu declared on his application for a full teaching certification that he was under investigation by police, when he had already been charged. 

In the recently released ruling, the tribunal found Fiu’s offending had a significant impact on his victim and he could have landed a maximum three-year prison sentence. 

“We also take into account that smartphones, social media and image posting and sharing are an increasing and problematic issue for high school students, and for schools to try to manage,” the tribunal said. 

“This is especially so around relationships and intimacy. A young high school teacher engaging in this very conduct, to the level of criminal offences, - conduct which schools are trying to deter - sets a terrible example to students and undermines the work being done in that space.” 

The tribunal found that taking a surreptitious recording of an oral sex act and sharing it with friends brought the teaching profession into disrepute. 

While Fiu highlighted his discharge without conviction, the tribunal said that was in a different jurisdiction, and it would impose its own penalty. 

“We have, however, considered the features of Mr Fiu. We consider that he is remorseful for his actions. He was also relatively young and foolish when he was carrying out this spontaneous act of taking and sharing the footage,” the tribunal found. 

Fiu has since undertaken professional development regarding relationships and behaviour and accepted the facts before the tribunal. 

In addition to a censure and conditions on his registration, the tribunal ordered that Fiu pay $25,000 in legal costs. 

Fiu’s lawyer was contacted for comment. 

Jeremy Wilkinson is an Open Justice reporter based in Manawatū, covering courts and justice issues with an interest in tribunals. He has been a journalist for nearly a decade and has worked for NZME since 2022.