New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Damian NGATAIERUA

Hearing: 5 November 2018

at Whanganui Prison

Members of the Board:

• Ms T Williams Blyth – Panel Convenor
• Mr A Hackney
• Ms M More

In Attendance:

• [withheld]

Support Person:

• [withheld]

DECISION OF THE BOARD

1. Damian Ngataierua (36) appears for consideration of parole.  He is serving a three year nine month sentence for wounding with intent to cause grievous bodily harm and being part of an organised criminal group.
2. Mr Ngataierua has a limited criminal history with convictions for disorderly behaviour, excess breath alcohol and fighting in a public place.
3. In prison he has a RoC*Rol of 0.28321, a prison security classification of minimum and a statutory release date of 16 December 2020.  There is approximately two years left on his sentence.
4. When he appeared in July 2018, there were issues with his accommodation.  The development of a robust release plan and safety plan were also considered helpful for the next Board.
5. The parole assessment report advises that since the previous hearing, Mr Ngataierua has incurred a misconduct.  The misconduct was for disobeying a lawful order.  He, and a number of other men on Release to Work (RTW), wore unit clothing to work.  Other comments include Mr Ngataierua getting frustrated and struggling to understand prison policies and procedures.  Despite that, he is said to be engaged and respectful.
6. In terms of prison policies and procedure, due to his low RoC*Rol, he is not eligible for offence-focussed treatment.  He has, however, completed the Short Motivational Programme.  It is said that he demonstrated an understanding of his offence chain and expressed a desire to change (his method of problem solving) and to be a better father to his children.
7. Currently, Mr Ngataierua resides in external self-care and is engaged in RTW.  The plan for his release is to reside with [withheld].
8. At the outset of the hearing, Mr Ngataierua was asked about the misconduct and his response.  In the past, Mr Ngataierua said he would have wanted to yell and swear but he didn’t.  He described the issue with the misconduct as a misunderstanding.  A number of the RTW prisoners were wearing unit clothing to work.  They all thought that that some items were allowed.  There was no penalty and the misconduct clarified the situation.
9. He identified his high-risk situations as not thinking about things and not asking for help.  The main thing he has learned is not to be shy to ask for help from his family and friends.  His release proposal is to [withheld].  He has been accepted by [withheld] supported accommodation and is waiting for confirmation that a bed is available.
10. Mr Ngataierua was asked how he would respond in the future if the issue arose again where a member of his family was threatened, he explained that he would remove the family member from the situation and then contact family, friends or the police to resolve the issue.  He has learned to stop and take a breath.
11. The Principal Corrections Officer (PCO) confirmed that there have been no issues in the prison setting.  The PCO also explained that at the outset of the hearing Mr Ngataierua was a little distressed because despite completing the correct forms for [withheld] to attend the hearing and submitting his safety plan, there were issues with her attendance at the hearing and the information was not before the Board.  Mr Ngataierua was clearly flustered when he entered the boardroom. However, he managed the situation well.
12. The Board has considered Mr Ngataierua’s offending, the rehabilitation completed as well as his positive engagement in reintegration particularly RTW and living in external self-care.  In addition, he has an approved release proposal.
13. In the circumstances, the Board is of the view that he no longer poses an undue risk, and any residual risk can be managed by conditions.
14. Mr Ngataierua will be released on [withheld] November 2018.  He will be subject to standard and special conditions until his statutory release date.
15. The special conditions are as follows:

    (1) Not to possess, use, or consume alcohol, controlled drugs or psychoactive substances except controlled drugs prescribed for you by a health professional.

    (2) Not to communicate or associate, directly or indirectly, with any person known to you to associate with the Black Power or Cook Street Thugs unless you have the prior written approval of a probation officer.

    (3) To attend, participate in and complete any other programme and/or counselling as directed by a probation officer.

    (4) To reside at [withheld] or any other address approved in writing by a probation officer, and not move from that address unless you have the prior written approval of a probation officer.

    (5) To comply with any tenancy agreement or rules issued by the provider of your approved accommodation.

    (6) For three months from the date of your release, to be at your approved address between the hours of 10:00pm and 06:00am daily unless you have the prior written approval of a probation officer.

    (7) Not to have contact or otherwise associate, with any victim of your offending, [including previous offending] directly or indirectly, unless you have the prior written approval of a probation officer.