New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Hendrix Vai ARIKI

Hearing: 7 February 2019

at Tongariro Prison via AVL to New Zealand Parole Board, Wellington

Members of the Board:

• Ms M Coleman – Panel Convenor
• Ms W Taumaunu
• Ms S Driver

Counsel:

• S Cameron

Support Persons:

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

DECISION OF THE BOARD

1. Hendrix Vai Ariki, who is 30, appeared before the Board today for further consideration of parole on a five year one month sentence for manslaughter.
2. The victim was the ex-partner of his partner, [withheld].  [withheld].  Mr Ariki and the victim are related.
3. Mr Ariki’s sentence release date is 25 November 2020.
4. Mr Ariki was supported at today’s hearing by [withheld].  He was represented by Ms Cameron.
5. Ms Cameron said that Mr Ariki had done everything that he can by way of rehabilitation, including more recently through his engagement in Medium Intensity Rehabilitation Programme (MIRP) maintenance sessions and his attendance at AA meetings, and was in the reintegration phase of his sentence.  She said that he had not been transferred to Springhill Prison as had been requested by the last Board and has been unable to have guided releases at Tongariro because of victim concerns.  In addition, Ms Cameron said that his behaviour was generally compliant.
6. Ms Cameron also said that he had very strong support from his family.  They had moved to [withheld] in order to provide him with an address that could be approved by Community Corrections.  Ms Cameron further said that Mr Ariki had had mental health counselling, following the prison’s concern over a series of abusive and controlling phone calls to [withheld] last July.  Ms Cameron further said that Mr Ariki had ended his relationship with [withheld].
7. The Board has before it an intel report that is dated 24 January 2019.  This report has been provided to Mr Ariki – he confirmed today that he had seen it.  The report demonstrates that his manipulative and controlling behaviour has continued despite his work with the mental health counsellor.  For example, in a phone call on 24 January 2019, [withheld].  Mr Ariki accepted that he had made that threat.
8. Mr Ariki told the Board he terminated the relationship a week ago after receiving the intel report.  He told the Board that the reason he finished the relationship was that he recognised his “freedom was on the line”. It is unclear whether Mr Ariki has been honest about this relationship.  The information to the last Board was that the relationship was over and the Board noted in its decision that he did not intend to have any contact with [withheld], yet today from our discussions it appears as though the relationship has continued, at least until a week ago.
9. The Board has received a copy of Mr Ariki’s safety plan.  Relationships are not listed in his safety plan as being one of his high risk situations, despite Mr Ariki telling the Board today that relationships were a high risk situation to him and stating the same at his last hearing.  Mr Ariki’s explanation for this omission was that he had not got around to amending his safety plan since he had sent it to us.
10. The relationship with [withheld] gives rise to several concerns quite apart from the manipulative and controlling behaviour Mr Ariki has been displaying.  The index offending arose in the context of his relationship with [withheld].  The plan has been, at least until a week ago, for them to continue their relationship on release, and for [withheld].  [withheld].  Mr Ariki needs to undertake further work to address his sense of entitlement and to understand the ongoing impact of his offending on [withheld]. The Board would expect to see evidence of greater insight in Mr Ariki’s safety planning, before we could reach a view that he meets the statutory test for parole.
11. Mr Ariki has not yet had an opportunity to undertake reintegration.  This is not a matter of his making.  We were advised today that a further application to Springhill has been made and the outcome of that is awaited.  The Principal Corrections Officer at the hearing today indicated it may be possible for Mr Ariki to undertake work outside the wire on the prison grounds where he is.  We leave those issues to the prison to manage.
12. For completeness, the Board adds that it met with a number of family members of Mr Ariki’s victim.  [withheld].
13. Parole today is declined.
14. Mr Ariki will be seen again in November 2019, by the end of November 2019 at the latest.  The Board requests that he be given some time limited sessions with a psychologist to work on the risk issues arising around his relationship with [withheld] and to update his safety plan.  It further requests that Mr Ariki be offered further reintegration, in particular release to work, so that he is able to demonstrate his ability to manage his behaviour appropriately in less structured settings.