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TAMIHERE - David Wayne - 08/11/2011

Progress hearing
Under section 29B(2)(b) of the Parole Act 2002

David Wayne TAMIHERE


Hearing:
08 November 2011
at [Withheld] Prison

Members of the Board:
Judge D J Carruthers
Judge E Paul
Assoc. Professor P Brinded
Mr A Ritchie
Ms K Snook

Observer:
Ms N Reynolds for Department of Corrections

Counsel:
Mr [Withheld]

In Attendance:
Mr [Withheld] – Probation Officer
Ms [Withheld] – Probation Officer

Support Person:
[Withheld]
[Withheld]
[Withheld]

DECISION OF THE BOARD

David Wayne Tamihere appears for a progress and monitoring hearing.  This is the last time that such a hearing can take place.

Unfortunately, the progress report shows that he has continued to be plagued with serious health issues.  It is estimated he has spent about three months in hospital now.

Today however Mr Tamihere was looking well.  [Withheld] says that she has lived with these medical crises but he seems now to be improving.  Certainly when out of hospital he has been active and actively involved in marae activities, carving and so forth.

Today as always, he is supported by family members.  Mr [Withheld] as counsel addressed the Board.  Probation Officers were also present. 

Some changes are suggested.  One suggestion is that it is time now for Mr Tamihere to be released from partial residential restrictions and the curfew which was supported by partial residential restrictions.  This electronic monitoring device has fulfilled its original purpose and needs now to be regarded as having run its course.  In addition the continuing monitored curfew prevents the sensible visiting by Mr Tamihere to ancient family properties for proper family reasons and he now needs the freedom to do that properly and represent the family at proper occasions.

We agree with this submission.  Partial residential restrictions and the curfew supported by it, will therefore expire on 15 November 2011.  Mr Tamihere has been fully compliant and it is time that that restriction is released.  It will be on that date. 

So far as the exclusion zone is concerned, there will be an amendment to this part of the special conditions.  This will allow him to visit the family property (Withheld) the basis set out in that condition.

There are some other ancillary changes supported by the Probation Service.  They are also agreed to by us.  For the purposes of simplicity and convenience, at the end of this brief decision, we will set out the remaining special conditions as they now apply so that everyone will know what is left for Mr Tamihere to obey from the terms set out in the original release decision.

In all other respects, the good report is noted.  We particularly note the strong support he has from whanau members and know that will always continue.

The following are the amended conditions as from the 15 November 2011 when partial Residential Restrictions are discharged.

  1. To engage with Support Services (as directed by the Probation Officer) including [Withheld] and [Withheld], to the satisfaction of the Probation Officer and the Service Provider.
  2. Attend for a psychological assessment.  Attend and complete any treatment/counselling including any maintenance for the Adult Sex Offenders Programme as may be directed by your Probation Officer.
  3. Undertake and complete appropriate alcohol and drug treatment/counselling to the satisfaction of the Probation Officer and treatment provider.  The details of the counselling/treatment to be determined by your Probation Officer.
  4. To notify your Probation Officer prior to starting, terminating or changing your position or place of the employment.
  5. Not to communicate or associate with any person(s) or class of persons specified in writing by the Probation Officer, unless you have the prior written consent of your Probation Officer.
  6. To reside at [Withheld]or at such other address as may from time to time be approved in writing by your Probation Officer and not to leave the approved address without the prior approval of your Probation Officer.
  7. To attend a whanau/family hui at an approved venue within a time frame to be determined by your Probation Officer.
  8. Not to consume or possess alcohol or illicit drugs for your lifetime.
  9. Not to have contact or otherwise associate with the families of the victims of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.
  10. Not to enter the Coromandel Peninsula area past Kupa and Whangamata without the prior written permission of your Probation Officer.
  11. You may however visit the family property at (Withheld) if accompanied at all times by approved whanau members and otherwise upon such conditions and for such times as may be authorised to you by your Probation Officer in writing – in such case you must travel to and from the property by the most direct route.




(signed)
Judge D J Carruthers
Panel Convenor

Review

•    You may apply for a review of the Board’s decision under section 67(1).  The only grounds under which you may make an application for review are that the Board, in making its decision:

a)    Failed to comply with procedures in the Parole Act 2002; or
b)    Made an error of law; or
c)    Failed to comply with Board policy resulting in unfairness to the offender; or
d)    Based its decision on erroneous or irrelevant information that was material to the decision reached; or
e)    Acted without jurisdiction.

•    To apply for a review you must write to the Board within 28 days of its decision stating which of the above ground(s) you consider to be relevant in your case and giving reasons why you believe that ground(s) applies.
 
•    Reviews are considered on the papers only.  There is no hearing in respect of your Review Application.