New Zealand Parole Board -

Parole Hearing
Under section 21(1) of the Parole Act 2002

David Alexander NICHOLSON

Hearing: 10 April 2017 at [Withheld] via Video Conference to New Zealand Parole Board, Wellington

Members of the Board:

• Ms K Snook (Panel Convenor)
• Dr P Taylor
• Ms P Rose

DECISION OF THE BOARD

1. David Alexander Nicholson, 53, appeared for a first consideration of parole on a sentence of two years, two months’ imprisonment for tax evasion over an extended period of time.

2. The Judge’s sentencing notes refer to the serious nature of the offending over a period from 2008 to 2010 and then for the years 2013 and 2014.   The Judge also notes that Mr Nicholson was solvent at all times and could have paid the GST and income tax on the due date.  In addition, at the time of sentencing, Mr Nicholson was continuing to trade as an IT consultant but was failing to comply with ongoing tax obligations.  Instead it appears he was paying back his historical tax obligations.

3. Mr Nicholson has no prior convictions on his offender detail history but he was convicted of bigamy in around 2011. Mr Nicholson talked to the Board about that conviction today.  He says it resulted from him [Withheld]  on the understanding [Withheld] proceedings had been completed when in fact they had not.

4. Mr Nicholson was also made bankrupt in 2007 for non-payment of tax and child support.

5. Mr Nicholson’s sentence commenced on 25 July 2016, he has a parole eligibility date of 15 April 2017, and a sentence expiry date of 24 September 2018.  He has a RoC*RoI of 0.08006 and is on a minimum prison security classification.

6. Mr Nicholson is residing in self-care and is said to be well behaved.  The officer gave a good report about his behaviour today.  He is now working outside the wire.

7. No rehabilitative programmes are scheduled for Mr Nicholson because of his RoC*RoI.  He told the Board today that he investigated the possibility of attending the DTU, however he was assessed as not eligible for that programme.

8. Since coming into prison Mr Nicholson [Withheld] and told the Board today that in fact coming into prison has turned him around both physically and mentally.

9. At the moment Mr Nicholson does not have a release plan.  [Withheld].  Mr Nicholson appeared to understand this and although he is hopeful that they may get back together again at some stage there is no certainty about that.

10. That being the case, Mr Nicholson has been investigating the possibility of [Withheld] accommodation in [Withheld].

11. Given the serious offending which occurred over a lengthy period of time Mr Nicholson’s risk remains undue at this time in the absence of a robust release proposal.  Parole is declined.

12. We will see Mr Nicholson again in October 2017 and no later than the end of that month for the further consideration of parole.

Ms K Snook
Panel Convenor