New Zealand Parole Board -

Parole Hearing

Under section 21(1) of the Parole Act 2002

Jason Robert TREMBATH

Hearing: 15 April 2021

at Waikeria Prison

Members of the Board: Judge A N MacLean (Panel Convenor)

Mr A Hackney

Assoc Prof K Quince

Support Persons: (withheld)

In attendance: (withheld) (Case Manager)

(withheld) (Case Manager)

DECISION OF THE BOARD

1. Jason Robert Trembath is before the Board for the third time on a sentence with a statutory release date of 31 December 2023 for indecent offences against women, and related charges.
2. Since his last Board in December he has completed psychological treatment and helpful written submissions from his counsel note that he has done 16 sessions and had a whānau hui to discuss his safety relapse plan.  His psychologist attended that along with his parents.
3. (withheld) were in attendance today and continue to support him.  They have also offered their property at (withheld) for residence and that has been approved.  There are prospects of some part-time plumbing work that (withheld) may be able to facilitate but that needs to be explored particularly in light of the nature of his offences.
4. For his part, Mr Trembath is confident that given time he can find meaningful employment.
5. Mr Trembath spoke well today in discussing what he learnt from his sessions with the psychologist and appears to have a much better insight and understanding of how his various personality traits came to bear on his offending and lead him into a series of frightening offences.
6. He has been recently transferred back from Hawke’s Bay Prison to the Te Ao Marama Unit at Waikeria.  After initial difficulties in adjusting to a new culture he seems to have settled in well and his PCO spoke very supportively about him.
7. He has been approved for a guided release to meet up with his probation officer in Rotorua in the near future.
8. Mr Trembath told us that as a result of his offending his relationship has ended.  He has settled matters with his former partner and has plans in due course to buy another property and set himself up as he does not want to be a burden on (withheld) for too long.
9. Mr Trembath seemed to display a realistic attitude as to how he needs to manage the various personality characteristics that he has described in his safety plan to avoid getting into the same sort of addictive behaviour that was manifest in his offending.  That is both sexual issues, gambling, drug and other issues.
10. Mr Trembath seems to appreciate that many of his apparent friends in the past are not appropriate people for him to associate with in the future and he needs to be careful to only be involved with prosocial support such as (withheld) and (withheld).  He says there are some other longstanding friends who have stood by him and will continue to do so.
11. Mr Trembath seemed able to reflect back to the Board today a strong appreciation of how his various personality factors have impacted on his activities in the past and has a good insight into how to avoid problems arising from that in the future.
12. In the circumstances, the Board is satisfied the risk would not be undue if he was now released on parole with the appropriate release conditions.  They will be reasonably comprehensive.  There is a recommendation for full electronic monitoring, but we think that is overly onerous.
13. In our view, a short period of non-monitored curfew, 10 pm to 6 am, will be sufficient to ease him back into the transition to civilian life.
14. He will be released on parole on 4 May 2021 on the standard and following special conditions to run to his sentence end date save for the curfew which will be for three months from 4 May.
15. Bearing in mind the circumstances of the case, including the considerable time yet to run on his sentence, and his relatively high public profile, the Board considers that a monitored progress hearing is necessary.  That will be in October this year, 2021.
16. We reminded him of the implications of the abstinence provision in terms of liability to being tested and/or monitored if and as required.
17. The Special conditions are:

(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) For three months from the date of release, to be at your approved address between the hours of 10:00pm and 6:00am unless you have the prior written approval of a Probation Officer.

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

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

(5) To attend, participate in and complete a gambling programme as directed by a Probation Officer.

(6) Not to engage in any betting or gambling either directly or indirectly.

(7) Not to possess or use any electronic device capable of accessing the internet, other than a device that has been approved in writing by a Probation Officer.

(8) Upon request, to make available to a Probation Officer, or his or her agent, any electronic device capable of accessing the internet that is used by you, or is in your possession or control, for the purpose of monitoring your use of the device.

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

(10) 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.

(11) To disclose to a Probation Officer, at the earliest opportunity, details of any intimate relationship which commences, resumes, or terminates.

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

(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) To comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing in October 2021 at a time and place to be notified to you.