New Zealand Parole Board -

Parole Hearing

Under section 21(1) of the Parole Act 2002

David Ingram ROWLEY

Hearing: 19 August 2016  at [Withheld]

Members of the Board:
Judge A Tompkins (Panel Convenor)
Mr R Crotty
Mr L Comer

Counsel:
[Withheld]

Support Persons:
[Withheld]
[Withheld]

DECISION OF THE BOARD

1. David Rowley appears before the Board for consideration of parole.  On 17 August 2012 he was sentenced to, in total, eight years imprisonment following conviction for fraud and obstructing or perverting the course of justice.  In respect of that sentence Mr Rowley had a parole eligibility date of 21 March 2015 and he has a statutory release and sentence end date of 19 July 2020.  As will be seen from that brief chronology, in effect Mr Rowley is at the half way point in his sentence.

2. Mr Rowley has been before the Board earlier in his sentence and, in addition, has sought on three separate occasions earlier consideration of parole and, in addition, sought to review an earlier decision of the Board.

3. The Board has before it a parole assessment report.  That records that Mr Rowley has recently concluded a Short Rehabilitation Programme and that as part of that programme he completed and presented an offence map and developed a safety plan.  Realistically, having completed that rehabilitative plan, no further rehabilitative opportunities will be available to Mr Rowley.  He gets good reports from his unit and he is fortunate to retain good support from his family and the community.

4. Mr Rowley presents to the Board as a first offender and, as is often the case with inmates who have committed the kind of offences Mr Rowley did, his RoC*RoI score is very low.  He now accepts that what he did was dishonest, attributing at least in part his offending to what he perceived as being something of a game with the tax authorities and that even after the tax authorities raided his offices and commenced prosecutions he was still of the view that it was in substance a tax compliance issue, hence the distinct dishonest steps he subsequently took and which formed the basis of the perverting the course of justice offending.

5. The Board is required to release Mr Rowley onto parole if it is satisfied that he is not an undue risk to the safety of the community, taking into account, among other matters, the desirability of reintegration back into the community and the level of support and oversight available to Mr Rowley in the community.

6. The Board has reached the view that applying those tests Mr Rowley should be released onto parole.

7. He will be released on 5 September 2016 with standard and special conditions to last until his sentence end date, the special conditions being the five conditions set out in the parole assessment report with an added condition that during the term of his parole he is not to proffer, whether paid or unpaid, tax compliance advice, accounting or business management advice nor to offer financial advice to any person.
(1) To attend an assessment for a departmental maintenance programme. To attend and complete an appropriate departmental maintenance programme, if and as recommended by the assessment to the satisfaction of your Probation Officer and programme provider. Details of the appropriate programme 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) To notify your Probation Officer prior to starting, terminating or changing your position or place of employment and or self-employment and or voluntary work.
(4) To comply with the requirements of the Registries Integrity and Enforcement Team, until 17 August 2017.
(5) Not to communicate or associate with your co-offenders Mr Skinner or Mr Stevens, unless you have the prior written consent of your Probation Officer.
(6) Not to proffer, whether paid or unpaid, tax compliance advice, accounting or business management advice nor to offer financial advice to any person.

Judge A Tompkins
Panel Convenor