New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Hayden Tyrone POULTER

Hearing: 17 May 2018

at Whanganui Prison via AVL from New Zealand Parole Board Head Office, Wellington

Members of the Board:

• Judge E Paul (Panel Convenor)
• Dr J Skipworth
• Mr B McMurray

Counsel: Mr P Murray

Support Persons:

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

DECISION OF THE BOARD

1. Hayden Tyrone Poulter appears again for parole consideration today on a life sentence for three homicides, 10 years for an attempted murder and nine for rape.
2. This offending occurred over two decades ago now. Mr Poulter has remained in custody since then. Mr Poulter is represented at this hearing by his counsel Mr Murray. He is supported by [withheld] who will be sponsoring his possible release to her home address. He is also supported at this hearing by [withheld] and his case manager, [withheld] is also present.
3. When last seen by the Board in May 2017, it was noted he had completed all intensive rehabilitation programmes to address the drivers of his offending, in particular the Drug Treatment Programme (DTP) 6, the Adult Sex Offender Treatment Programme (ASOTP) in 2012 and significant one-to-one counselling between 1998 and 2002.
4. He was on the reintegration pathway in a self-care unit. The Board sought further testing in terms of his moderate to low risk being assessed. At that stage Mr Poulter had completed five guided releases into the community. He was also applying for further opportunities for release to work outside the prison. There was planning underway in terms of his release proposal and future relationships.
5. The Board was of the view then that some further release to work was appropriate.  Since that hearing, Mr Poulter has progressed to an outer self-care unit. He has continued to apply for release to work but at this stage none has been offered to him.  He does however point to the almost three years he spent on release to work with private contractors, while constructing various buildings for the prison. That was not in a custodial setting, so very much a testing environment.
6. Furthermore, Mr Poulter has had a total of 20 guided releases. All advice we received is that has gone well. Those releases have been to a range of venues and only positive reports have been returned.
7. We have an addendum psychologist’s report, dated 10 April 2018, which records further treatment sessions between April and May of 2017. The report writer recorded Mr Poulter demonstrated flexibility of thought. He was assessed then as a moderate risk of general offending and moderate to low sexual offending. His release proposal to a rural address with family members where work was provided was considered appropriate after assessment by the report writer.
8. We spoke at length with Mr Poulter today. We canvassed those guided releases. We canvassed his work history with him, in particular when he worked on the construction site in the absence of custodial staff. He has also maintained part time work while in the prison undertaking tractor driving outside the wire. We also spoke with his supporters and they have spent time meeting with both Mr Poulter and Corrections to prepare for his release to [withheld].  During the course of our discussions at the hearing, the unit manager did raise with us an incident where Mr Poulter had kept back some excess vegetables from the garden he is responsible for. Mr Poulter explained he accepted that he had acted immaturely. However he equally accepted that being taken off the garden for a month was appropriate. The unit manager also agreed Mr Poulter dealt with the outcome maturely.
9. This Board is satisfied that the concern about further release to work expressed by the previous Board in May 2017 has been sufficiently met by the previous three years release to work. Certainly Mr Poulter’s behaviour and conduct on the numerous further guided releases and his general behaviour inform the Board that across time and circumstances he can be relied on to conduct himself in a pro-social and appropriate manner. Accordingly after consideration of all the material presented we are satisfied that Mr Poulter has sufficiently reduced his risk, that he can be released on parole subject to conditions which are extensive and will support his release into the community.
10. The special conditions will endure for five years, with the exception of the prohibition against alcohol and drugs which will endure for this man’s lifetime given their specific link to his index offending. Mr Poulter has had explained to him the consequences of that drug and alcohol condition. That he can be tested and monitored by Corrections at any time. There will be significant limitations on his movement and that is all set out in the conditions which follow.
11. Finally, to assist with his release he will be seen by way of a monitoring hearing face to face five months following his release.  The release date allocated will be [withheld] June 2018.
12. The special conditions are:

    (1) To attend an assessment for psychological treatment and complete any treatment, counselling and/or Programmes as recommended by the assessment to the satisfaction of your Probation Officer and treatment provider.

    (2) To attend an alcohol and other drug assessment and attend and complete any treatment and/or counselling, including residential treatment programmes, as recommended by the assessment to the satisfaction of the Probation Officer and treatment provider.

    (3) To abstain from the consumption and/or possession of alcohol, synthetic cannabinoids and non-prescription drugs, unless prescribed by a medical practitioner, for the duration of your sentence.

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

    (5) To reside at [withheld] between the hours 10.00pm to 6.00am, seven nights a week unless you have prior written approval by a Probation Officer and not move from that address, or any subsequently approved address, without the prior written approval of a Probation Officer.

    (6) To notify your Probation Officer prior to starting, terminating or changing your position or place of employment, this includes paid and unpaid work.

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

    (8) Not to enter Auckland region or areas north of the line from Whakatu, Huntly, Paeroa to Whangamata without the prior written approval of a Probation Officer.

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

    (10) You are not to enter, use or solicit services of escort agencies, prostitutes or massage parlours without the prior written permission of a Probation Officer.

    (11) Not to place any advertisement, or reference in any printed or digital publication (including the internet), and not to respond to such advertisement by any person, without the prior written permission of a Probation Officer.

    (12) Not to communicate or associate with any media organisation, directly or indirectly, without the prior written permission of a Probation Officer.

    (13) To comply with the requirements of electronic monitoring, and provide access to the approved residence to the Probation Officer and representatives of the monitoring company, for the purpose of maintaining the electronic monitoring equipment as directed by the Probation Officer.

    (14) To submit to electronic monitoring in the form of Global Positioning System (GPS) technology as directed by a Probation Officer in order to monitor your compliance with any condition(s) relating to your whereabouts.

    (15) To comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing in November 2018 at a time and place to be notified to you, to enable the Parole Board to monitor your compliance with your release conditions.