New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Anton Henare MATENGA

Hearing: 12 January 2021

at Christchurch Men’s Prison via AVL to NZPB Office Wellington

Members of the Board: Sir Ron Young – Chairperson

Dr J Skipworth

Dr G Coyle

Ms K Coutts

Counsel:                                           Ms J Fyfe

Support Persons: (withheld)

DECISION OF THE BOARD

1. Mr Matenga who is 43 years of age was sentenced to life imprisonment for murder, kidnapping and aggravated robbery. He was first imprisoned in 1997. His security rating is currently low.  Mr Matenga did have some dishonesty and violence offending pre his offending. As we understand the position, he offended in this way on the day of his release from prison where he was met by (withheld) members and required to participate in an aggravated robbery which ultimately resulted in the murder.
2. We last saw him in September 2020. At that stage he completed the STURP and the DTP, he was in self-care being assisted through the Navigate Programme, working on the prison farm. He had (withheld) support for a possible release in 2021.
3. As to the current position Mr Matenga particularly over the last few years has progressed well in prison. He has completed all of the rehabilitation identified for him. His reintegration has gone well. He had a period on release to work. More recently he has been working extensively on the prison farm earning a number of relevant agricultural working qualifications. He has undertaken a number of grocery shopping visits outside in the community. He has had a number of whanau hui both through (withheld) and (withheld).
4. We talked to him today about his connection with the (withheld) and the difficulty for him given there a number of family members who are members of that gang. Mr Matenga seemed to us to have a realistic view of that issue; he understands the risk for him in his association with the gang but also acknowledges that it will not be easy.
5. Overall, we are satisfied now that he has undertaken all the rehabilitation and reintegration needed for him, he can be released and is no longer an undue risk.  He has a whanau hui scheduled on 20 January and it is vital that that take place particularly so that his family and new Probation Officer can talk to him.  He does have a relationship that began when he was on release to work, his partner resides in (withheld), they are taking a very slow way forward and will decide sometime after his release whether they have long-term prospects.
6. He will therefore be released to (withheld) on 10 February, the special conditions suggested will apply with the following additions or amendments:

(1) First the monitoring hearing will be in July 2021;

(2) Secondly, we have added a requirement to advise his Probation Officer of any intimate or continuing relationship;

(3) Thirdly the special conditions will be for a period of five years save the following special conditions will be for life: the prohibition against drugs and alcohol, prohibition against co-offender contact, the prohibition against victim contact, the prohibition about him going to Wellington.

7. We note that of course it will be open for Mr Matenga after a significant period of stable life to apply to vary the drugs and alcohol provision sometime after the five-year limitation on the other special conditions.

(1) 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.

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

(3) To attend the (withheld) programme as directed by a Probation Officer and comply with the rules of the programme.

(4) Upon release from prison, to travel directly to (withheld) and await the arrival of a Probation Officer and a representative from the monitoring company.

(5) To comply with the requirements of electronic monitoring and provide unimpeded access to your approved residence by a Probation Officer and/or representatives of the monitoring company for the purpose of maintaining the electronic monitoring equipment as directed by a Probation Officer.

(6) To submit to electronic monitoring as directed by a Probation Officer and comply with the requirements of partial residential restrictions. To remain at your approved address between the hours of 10pm and 6am daily, unless you have the prior written approval of a Probation Officer, or as permitted by section 33(4) of the Parole Act 2002.

(7) To submit to electronic monitoring as directed by a Probation Officer in order to monitor your compliance with any conditions relating to your whereabouts.

(8) Not to enter the Wellington Region as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.

(9) To attend a psychological assessment and attend, participate in and complete any recommended treatment as directed by a Probation Officer.

(10) To attend an alcohol and drug assessment, and attend, participate in and complete any treatment or counselling directed by a Probation Officer.

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

(12) 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.

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

(14) Not to communicate or associate with your co-offenders, (withheld), directly or indirectly, unless you have the prior written approval of a Probation Officer.

(15) Not to communicate or associate, directly or indirectly, with any person known to you to associate with the (withheld) unless you have the prior written approval of a Probation Officer.

(16) 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.

(17) To disclose to a probation officer, at the earliest opportunity, details of any intimate relationship which commences, resumes, or terminates.

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