RANGIHUNA - Anaru Tureio Tamati - 17/02/2015
Under section 21(1) of the Parole Act 2002
Anaru Tureio Tamati RANGIHUNA
Hearing: Tuesday 17 February 2015 at [Withheld] by Video Conference to the New Zealand Parole Board Head Office, Wellington
Members of the Board:
- Alan Ritchie (Panel Convenor)
- Mr J Thomson
- Ms R Pritchard
DECISION OF THE BOARD
1. Anaru Tureio Tamati Rangihuna, 41, appeared for the further consideration of parole on his effective sentence of 11 years for wounding with intent to cause grievous bodily harm, possession of methamphetamine for supply and the unlawful possession of a firearm.
2. There is an extensive criminal history.
3. The prison security classification is low, the RoC*RoI 0.73067 and the sentence expiry date is 29 May 2020.
4. On 19 November 2014, the Board noted the completion of the [Withheld] and the [Withheld] and agreed on a release (on 9 December 2014) to [Withheld].
5. A revocation of that direction for release followed allegations of involvement by Mr Rangihuna in the distribution of contraband.
6. As noted by the Board on 22 December 2014 at a hearing subsequent to the revocation it was noted that the allegations appeared to be baseless but the damage had been done by the withdrawal of the bed at [Withheld] which was pivotal to the Board’s release decision.
7. At that hearing Mr Rangihuna’s counsel, [Withheld], advised that he had asked for an investigation of the allegations but he said it was accepted by Mr Rangihuna that work had to be done, either to repair the situation with [Withheld] or to explore another residential opportunity.
8. What has now been presented to us by way of memorandum of 16 February 2015 is advice that Mr Rangihuna has been accepted for the [Withheld] Programme on a residential basis. It is due to commence on 9 March 2015 with a completion date of 29 April 2015.
9. We have some concern that the programme is of significantly shorter duration than [Withheld]. On the other hand the [Withheld] dimension is of significant interest to Mr Rangihuna and will in our view be a compensating factor.
10. For the sake of completeness we have had it confirmed that Mr Rangihuna has been cleared of any allegations against him.
11. We have made our own decision in this case although it is fair to say that we have taken account of the decision made by the Board for Mr Rangihuna’s original release. We have decided that risk is not undue but it will certainly be up to Mr Rangihuna to demonstrate once and for all a commitment to change.
12. There is certainly residual risk and there are special circumstances relating to his history and the change of residential programme which satisfy us in terms of Section 29(B) of the Parole Act that is desirable for the Board to monitor Mr Rangihuna’s compliance with release conditions which we are imposing.
13. In most circumstances the Board merely calls for a report from Community Corrections and then makes a decision whether to require an offender to attend a hearing. In this case we are requiring Mr Rangihuna to attend a hearing. That will be in July 2015. We will expect a report from [Withheld] and of course from the Probation Officer to be presented at that hearing.
14. Mr Rangihuna needs to be aware that the Board has very wide powers at a monitoring hearing. It can vary any special conditions and it can impose new special conditions. Furthermore, if the circumstances were to justify it, it could take steps for the recall of Mr Rangihuna to serve the remainder of his sentence. Mr Rangihuna will understand the implications of all of that.
15. Also for the sake of completeness we record our expectation that once [Withheld] is completed Mr Rangihuna will reside at the address of his [Withheld] who was present at this hearing and who appeared as supportive and pro-social. That address has, if we are following the papers correctly, been previously approved but will be subject to further approval by Community Probation.
16. One matter which the Board will wish to consider at the monitoring hearing will be the option of residential restrictions and we call for the appropriate report in that regard as well.
17. Mr Rangihuna will be released on 9 March 2015. He will be subject to the standard conditions set out in Section 14 of the Parole Act 2002 and the following special conditions with all conditions continuing for three years from the date of release. The special conditions are:
(a) On release to travel directly to [Withheld] at [Withheld] for the purpose of full participation in the residential treatment programme provided by [Withheld] to the satisfaction of the Probation Officer and treatment provider.
(b) If directed, attend a psychological assessment and complete any treatment or counselling as may be recommended by the psychological assessment to the satisfaction of the Probation Officer and treatment provider.
(c) On the successful completion of the [Withheld] programme, to reside at [Withheld] or such other address as may be approved by your Probation Officer and not to move from the approved address without the prior written approval of the Probation Officer.
(d) Not to have contact or otherwise associate, directly or indirectly, with any victim of your offending except with the prior written approval of the Probation Officer.
(e) Not to possess or consume alcohol or illicit drugs.
(f) Attend a hearing in accordance with a direction issued to you under Section 29B(2)(b) of the Parole Act 2002 in July 2015 for the purpose of Parole Board monitoring of compliance with your release conditions.
(g) To comply with all rules and guidance issued to you by [Withheld] including any curfew.
(h) Following release from [Withheld] to your approved address you will be subject to a curfew which means that you will be required to be at the approved address between the hours of 10.00 pm until 6.00 am daily except where you have the prior written approval of the Probation Officer.