New Zealand Parole Board -

Parole Hearing
Under section 21(2) of the Parole Act 2002

Tamaoho NUKU

Hearing: 27 April 2017 at [withheld] via AVL to NZPB Offices, Wellington

Members of the Board:

• Mr N Trendle – Panel Convenor
• Ms S Driver
• Mr S.A.M Perry

DECISION OF THE BOARD

1. Tamahoho Nuku has slightly less than four months remaining on a sentence of two years three months and seven days’ imprisonment for injuring with reckless disregard, and possessing objectionable material.  His statutory release date is 19 August 2017.

2. Mr Nuku has a RoC*Rol of 0.6092 reflecting some 50 convictions that have accumulated over the last 15 years.  Included in that history are convictions for serious violence, and serious domestic violent offending.  The offending on this occasion was no less serious.  Mr Nuku was found guilty of shaking his six to eight week old baby daughter to the extent that she suffered very serious injury.  Moreover, he was convicted of possessing objectionable material which was described as child exploitative material.

3. To date on this sentence Mr Nuku has completed no substantive intervention.  He completed the [withheld] programme in January of this year.  We understand he is presently engaged in [withheld] sponsored counselling.  He has shown as waitlisted to be assessed by the psychologist but, presumably because of his RoC*Rol, he is not regarded as a priority.

4. The Board sees the situation differently.  We are concerned with his risk.  He has a record of serious violence, and the two offences for which he is now imprisoned raise significant risk issues in their own right.  We are of the view that urgent intervention is needed having regard to his statutory release date.  Accordingly, we support Mr Nuku’s reference to the psychologist for assessment and treatment with a view to him leaving prison with a safety plan.  Anything less than that would in our view mean he would pose an undue risk to the safety of the community having regard to his history and his index offending.

5. Prior to today’s hearing the Board met with [withheld] victim.  [withheld].  She expressed the view that she wished not to have any contact with Mr Nuku, and that he should not be permitted to enter the area in which she lives.  In the Board’s view that is the geographic area south of Dunedin.  Mr Nuku told us that he did not intend to have contact with his victim, and that he would not enter the area in which she lived.

6. We understand Mr Nuku had been referred to the [withheld] Service for accommodation, and that he was assigned an address.  Given our view of the need for intervention before he leaves prison, the issue of his release address does not require further consideration.  We note, however, that any address must take account of
Mr Nuku’s status on the child sex offender register.

7. Parole today is declined.  Mr Nuku will be scheduled to return to the Board in three months, by 30 July 2017.  For that hearing we request a specific parole assessment report providing an update on the progress made with psychological counselling, and confirmation of Mr Nuku’s release plan.

Mr N Trendle
Panel Convenor