Application for variation of conditions – parole Under section 56(2) of the Parole Act 2002

Department of Corrections

Applicant

Clinton John TE KANI

Hearing:                                            12^th March 2021

at [withheld]

via AVL from NZ Parole Board Offices

Members of the Board:                    Jim Thomson – Panel Convenor

Mr S Perry

Mr G Coyle

DECISION OF THE BOARD

1. Clinton John Te Kani is subject to an application to vary the conditions of his parole. Mr Te Kani is serving a sentence of eight years’ imprisonment having become eligible for parole in 23 November 2017. The sentence ends on 24 March 2023.
2. Mr Te Kani has been released and recalled on more than one occasion. The last appearance before the Board was on 12 January 2021. This was a hearing to monitor progress. All seem to be going well. However, there appeared to be a degree of confusion about the date at which the standard and special conditions were to end.
3. The application for variation is made by (withheld), Probation Officer. In the application (withheld), outlines some differences in various decisions of the New Zealand Parole Board. He notes that at the hearing on 11 August 2020 the standard and special conditions were to remain in force until the statutory release date. At a later hearing on

   19 October 2020 which was an application to vary conditions the Board said that conditions were to expire on 6 March 2021.

4. At the hearing on 11 August the Board stated that it would be "cautious” with Mr Te Kani and as a consequence set the monitoring hearing for January of this year.

5. At today’s hearing Mr Te Kani expressed no opposition to the special conditions continuing passed 6 March 2021. He asked the Board to consider ending the conditions at some point before the Sentence Expiry Date.
6. It is quite clear that the original intention of the Board was that the special conditions were to remain in force until the end of his sentence. It is appropriate that they do so in view of the previous recalls during the sentence. We are of the view that Mr Te Kani is benefiting from the support and supervision of his present Probation Officer. In order to manage his risk to the safety of the community conditions will apply until the statutory release date.
7. Section 56 of the Parole Act 2002 allows that: "A probation officer may at any time apply to the board for the variation or discharge of any release condition imposed by the Board that applies to an offender." We note that the application was made on 4 February 2021 while the conditions were still in force. We believe that it was, therefore, appropriate for the Probation Officer to have made the application and for the Board now to make a decision on the application which we do.
8. The special conditions are:

(1) To reside at (withheld), and not move from that address without the prior written approval of a Probation Officer.

(2) Not to enter the South Island without the prior written approval of a Probation Officer.

(3) Not to have contact or otherwise associate, with any victim of your offending, directly or indirectly, unless you have the prior written approval of a Probation Officer.

(4) To attend, participate in and complete any programme, treatment or counselling as directed by a Probation Officer

(5) Not to have contact or otherwise associate with any female person under the age of 16 years, directly or indirectly, unless you have the prior written approval of a Probation Officer, or unless you are under the supervision and in the presence of an adult approved in writing by a Probation Officer.