New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Robert Shane MARU

Hearing: 10 February 2021

at Whanganui Prison by AVL from Auckland South Corrections Facility

Members of the Board: Sir Ron Young – Chairperson

Dr J Skipworth

Mr L Tawera

Dr S Davis

Counsel:                                           Ms A Brosnahan

Support Persons: (withheld)

DECISION OF THE BOARD

1. Mr Maru was sentenced to life imprisonment for murder and wounding with intent to cause grievous bodily harm in 1997.  He had two pages of previous convictions before the murder.
2. We last saw him in May 2020. At that stage he had completed all of his rehabilitation and was undertaking a slow integration within the prison.  We identified the need, firstly, for supported accommodation for a period, and then a possible release to (withheld) in (withheld).
3. As to the current position Mr Maru has worked himself to Self-Care.  He has been on release to work now since November 2020.  He has had 14 guided releases. The information we have about his employment is that he is a good worker, he is keen to do the work and has had no difficulties complying with the release to work rules.  Overall, he has acted positively in prison and has had no further misconducts.  All of his treatment targets have been met, and now we think his reintegration targets have been met.
4. As we have indicated he has had a significant period on release to work. His release plan we think is also suitable.  It involves a release to the (withheld) supported accommodation in (withheld) for three months. The proposal then is to release him to live with (withheld) in (withheld).  His (withheld) in (withheld) are good supportive people and they have arranged for employment for him.
5. Mr Maru is in a relationship, but he and his partner acknowledge that for the immediate future at least it would not be appropriate for them to live together, they need a significant period of time getting know each other, and developing their relationships.
6. So overall, we are satisfied that Mr Maru is no longer an undue risk and may be released. Essentially the special conditions suggested in the parole assessment report are accepted as appropriate but with the following amendments:
7. The release date will be (withheld) March 2021.  We have amended the curfew so that is from 10 pm to 6 am.   That curfew will be subject to electronic monitoring for the period of three months that he lives at the (withheld) residence.  After that time the curfew will remain but there will no longer be any electronic monitoring of the curfew.  There will, however, continue of course to be electronic monitoring of the whereabouts condition prohibiting Mr Maru going to Taranaki.
8. We have changed the wording of the gang prohibition so that it matches the agreed draft gang condition.  The prohibition relates to the Black Power gang.  We have added in prohibitions relating to not entering licensed premises other than supermarkets and dairies, given Mr Murray's previous vulnerability to alcohol we think that is appropriate.
9. Finally, we have added a prohibition relating to firearms the condition will read as follows:  that Mr Murray was not to apply for a firearms licence or possess a firearm or reside in a residence where there are firearms.
10. As far as the monitoring hearing special condition is concerned, we will see Mr Maru by the end of September 2021 on an in person monitoring hearing.
11. The special conditions will last for a period of five years from his release date except the following conditions which will be for life;  special conditions relating to non-association with co-offenders, special condition relating to non-association with the victim, special condition relating to prohibition against association with the Black Power gang, and finally the prohibition relating firearms.
12. The release conditions are:

(1) To reside at (withheld) Supported Accommodation, (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 submit to electronic monitoring as directed by a Probation Officer in order to monitor your compliance with any conditions relating to your whereabouts.

(3) 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. ·

(4) From 3 March 2021 to 2 June 2021 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 10:00pm and 6:00am daily, unless you have the prior written approval of a probation officer, or as permitted by section 33(4) of the Parole Act 2002

(5) From 2 June 2021 to be at your approved address between the hours of 10:00pm and 6:00am daily unless you have the prior written approval of a Probation Officer.

(6) In September 2021 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.

(7) Not to enter the Taranaki area as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.

(8) Not to communicate or associate with your co-offenders, Denis Luke, Brownie Marsh Mane, and Symon George Manihera, directly or indirectly, unless you have the prior written approval of a Probation Officer.

(9) Not to communicate or associate, directly or indirectly, with any person known to you to associate with Black Power unless you have the prior written approval of 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) To attend a psychological assessment and attend, participate in and complete any recommended treatment as directed by a Probation Officer.

(12) 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.

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

(14) 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.

(15) Not to apply for a firearms licence or possess a firearm or reside in a residence where there are firearms.

(16) Not to enter any premises licensed under the Sale and Supply of Alcohol Act 2012, other than supermarkets or dairies, or other place approved in writing by a probation officer.

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