New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Haiden Mark DAVIS

Hearing: 5 September 2019

at Auckland South Corrections Facility

via AVL from Christchurch Men’s Prison

Members of the Board:

• Sir Ron Young – Chairperson
• Judge D Mather
• Mr P Elenio

Counsel:                                          

• Mr R Chambers

In attendance:

• Ms V Veldhuizen – ASCF Principal Psychologist
• Ms R Tan – Case Manager
• Mr T Aati – Community Corrections

Support persons:

• [withheld]

DECISION OF THE BOARD

1. Haiden Mark Davis was sentenced to life imprisonment for murder in 2009. He is 30 years of age.  He has minimum security classification.
2. He had only very minor previous convictions prior to coming to prison for murder.
3. We last saw him in May 2019. He had then completed his rehabilitation programmes.  He was on the reintegrative phase of his sentence. He was also on release to work and it seems had been offered a permanent job with his release to work employer. He was looking at the possibility of release to [withheld] and other accommodation. Overall, he had made excellent progress.
4. When we saw him today the progress that he had made had continued. He had a confirmed permanent employment at [withheld]. He had a release address at [withheld]. He had also a possible release at [withheld] address but we think it wise that he has chosen [withheld]. [withheld] address is his old offending grounds and he is better away from that. The proposal is that he would go to [withheld] and then CPP would take over responsible for his long term housing.
5. We are satisfied he is no longer an undue risk and can be released. As we have noted, he has completed all his rehabilitation. He has done significant reintegration. He has had guided releases to accommodation. He has talked to his family about his safety plan and overall has a supportive situation.
6. Somewhat confusingly, in the reports prepared and provided to the Board we had a suggestion of full residential restrictions, partial residential restrictions and a curfew with no residential restrictions. We have chosen the latter which we think better reflects Mr Davis’ current risk. In any event no reports under section 34/35 of the Parole Act 2002 had been provided to support the proposals for residential restrictions.
7. We have changed the curfew times to 10pm to 5am. The curfew will continue until we see him on a monitoring hearing. We will see him on a monitoring hearing in the month of March 2020.
8. As we have noted, we have amended the other special conditions suggested to delete any relating to residential, partial or full restriction.
9. The special conditions will be for a period of five years from today’s date. We will release him on 23 September 2019.
10. The special conditions are:

    (1) To attend a reintegration meeting as directed by a Probation Officer.

    (2) To attend, participate in and complete any programme/treatment/counselling as directed by a Probation Officer.

    (3) 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.

    (4) To be at your approved address between the hours of 10:00pm and 5:00am daily from the date of release unless you have the prior written approval of a Probation Officer.

    (5) Not to have contact or otherwise associate, with the victims family, [including previous offending] directly or indirectly, unless you have the prior written approval of a Probation Officer.

    (6) To obtain the written approval of a Probation Officer before starting or changing position and/or place of employment (including voluntary and unpaid work). To notify aProbation Officer if you leave your position of employment.

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

    (8) To comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing at a time and place to be notified to you.

    Please note: you may be required to undergo a drug or alcohol test and/or submit to drug or alcohol monitoring.