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MOANAROA - James Tawhirimatea Frazer - 06/12/2017

Parole Hearing

Under section 21(2) of the Parole Act 2002

James Tawhirimatea Frazer MOANAROA

Hearing: 6 December 2017

at [withheld] via Video Conference to New Zealand Parole Board, Wellington

Members of the Board:

  • Ms M Coleman (Panel Convenor)
  • Ms S Davis
  • Mr B McMurray

Support People:

  • [withheld]
  • [withheld]
  • [withheld]

DECISION OF THE BOARD

  1. James Tawhirimatea Frazer Moanaroa, who is aged 32, appeared before the Board today for further consideration of parole on an eight year six month sentence for rape, unlawful sexual connection, and male assaults female.  The victim was his then-partner.
  2. Mr Moanaroa’s SRD is 8 March 2020.  Mr Moanaroa’s other offending is limited; he has one conviction for driving with excess blood alcohol and one for disorderly behaviour.  His RoC*RoI is 0.533.
  3. Mr Moanaroa was last before the Board in May 2017.  It noted he had graduated from the Adult Sex Offender Treatment Programme (ASOTP) and was entering the reintegration phase of his sentence.  Mr Moanaroa had earlier completed the Drug Treatment Unit (DTU).
  4. Release on parole was sought by Mr Moanaroa at that hearing but the Board said it had not yet reached the view that his risk was no longer undue.  There was also some concern that the family was minimising his offending and shifting the blame onto the victim with comments about the relationship being toxic.
  5. [withheld] has sent a letter to the Board to explain her position.  In her letter she said she was frustrated at the lack of progress for Mr Moanaroa at that time but acknowledges there has been significant progress leading up to today’s hearing.
  6. Mr Moanaroa was transferred back to [withheld], is now residing in Self Care and is working outside the wire on the dairy farm.  Importantly, a whānau hui was held by way of Guided Release at the [withheld].  The report we have of that meeting is positive.  Mr Moanaroa went over his safety plan, in the course of which he was able to outline how his core beliefs, particularly around relationships, have changed.  He and [withheld] were able to discuss his past behaviour and to develop strategies should they see him regressing.  For his part, Mr Moanaroa undertook to be more open and honest about how he was feeling and to ask for help.  [withheld] said they would be persistent in voicing any concerns to him and would work closely with his probation officer.
  7. Communication is a matter that Mr Moanaroa needs to continue to work on.  The Board discussed with him today the comments from his engagement on the ASOTP where he was said to present as superficial.  The Board asked him what he understood by that comment and Mr Moanaroa said that he considered it was that he did not deal with issues as they cropped up and was not communicating well.  Mr Moanaroa went on to say that he understands now that he behaved as he did then because he was hurting and he wanted to hurt his partner back.  He told the Board that he does not like the person that he had become at that time but he does like the person he is now.
  8. Mr Moanaroa does not have any planned employment at this stage.  He says he has completed his CV and has sent it through to the Corrections employment liaison person.  There was also a conversation at the whānau hui where family raised concerns about him returning to work in a high stress environment.  His intense competitiveness and difficulty in accepting failure were also identified by [withheld] as stress factors and this needs to be watched.  The report we have says that Mr Moanaroa has worked on this aspect of his personality in prison and at the whānau hui asked his whānau for feedback once in the community.
  9. Mr Moanaroa plans to reside with [withheld] on release.  The address has been approved.  Both he and [withheld] have agreed to the imposition of partial residential restrictions and we have a copy of that report today.
  10. Taking all those matters into account, the Board has reached the view that Mr Moanaroa would not pose an undue risk to the safety of the community.  That view takes into account the special conditions that we intend to impose on release, one of which will be that he will be subject to partial residential restrictions until he is seen again by the Board in June 2018.
  11. Another of the conditions is that Mr Moanaroa is not to possess or consume alcohol or drugs.  He was made aware at the hearing today that his compliance with that condition can be monitored, either continually or by being directed to undertake a test once he is in the community.
  12. Mr Moanaroa will be released on [withheld].  He will be subject to the conditions set out below, which along with standard conditions will remain in place until his statutory release date.
  13. The exception to this is the curfew which will alter following the first two months of his release, to extend the time to which he may stay away from his home at night.
  14. The special conditions are as follows:
  15. (1) If directed, undertake and complete appropriate treatment/counselling to the satisfaction of the Probation Officer and treatment provider. The details of the counselling or treatment to be determined by your Probation Officer.

    (2) To reside at [withheld] and not to move from that address without the prior written approval of a Probation Officer.

    (3) Upon release from prison, to travel directly to [withheld] and await the arrival of a Probation Officer and a representative of the monitoring company.

    (4) Until 7 March 2018 to submit to electronic monitoring as directed by a Probation Officer and comply with the requirements of residential restrictions. To remain at [withheld] at all times between the hours of 9.00pm and 6.00am daily and comply with the requirements of residential restrictions.

    (5) From 8 March 2018 to submit to electronic monitoring as directed by a Probation Officer and comply with the requirements of residential restrictions. To remain at [withheld] at all times between the hours of 11.00pm and 6.00am daily and comply with the requirements of residential restrictions.

    (6) To disclose to a Probation Officer, at the earliest opportunity, the start or resumption of any intimate relationship.

    (7) You are not to have contact or otherwise associate with the victims of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.

    (8) Not to possess or consume alcohol or use a controlled drug or psychoactive substance.

    (9) To comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing in June at a time and place to be notified to you, to enable the Parole Board to monitor your compliance with your release conditions.

    Ms M Coleman
    Panel Convenor