Parole Hearing

Under section 21(2) of the Parole Act 2002

Tavita TUETUE

Hearing:                                            16 November 2021

at Otago Corrections Facility via video conference

Members of the Board:                    Ms M More – Panel Convenor

Dr J Skipworth

Mr L Tawera

In Attendance:                                  [withheld]

Support Persons:                             [withheld]

DECISION OF THE BOARD

1. Tavita Tuetue is 65, he is serving a sentence of preventative detention imposed in February 2004 for offending that took place in 1988 and 1994. Mr Tuetue is convicted of two charges of unlawful sexual connection with a woman over 16, male rapes a woman over 16, and enters with intent. There were two separate incidents, Mr Tuetue forced entry into the victim’s properties, he confronted them in their beds and restrained them. He threatened them and then he violated them, he was identified with DNA.
2. Mr Tuetue’s history includes a sentence of three years imposed in 1980 for male rapes a woman over 16 with a weapon, and a sentence in 1997, that postdates the index offending, for assault with intent to commit sexual connection with a woman over 16 and indecently assaults a woman over 16, that was six years.
3. Mr Tuetue has a RoC*Rol of 0.30409 and an ASRS of 1. His parole eligibility date was 24 February 2010, his classification is minimum, and he is on the Victim Notification Register.
4. Mr Tuetue’s behaviour is incident- and misconduct-free, he is noted as mixing well with others, polite and having a positive attitude. The PCO said there had been no custodial issues, he has had 12 shopping expeditions and three guided releases.
5. Mr Tuetue was last before the Board in May 2021, he acknowledged his guilt and admitted another offence in 1993 that he had not been prosecuted for. The Board noted he had completed the Adult Sex Offender Treatment Programme in 2011 and two discrete periods of psychological treatment, the last in 2020. There are no further offence-related treatments proposed.
6. At the last Board the psychologist had outlined a staged release planning process including engagement with [withheld] service, that he should get [withheld].
7. Today, Mr Tuetue appears seeking release on parole. Mr Tuetue has engaged with [withheld], the guided releases were there, he is having [withheld].
8. Mr Tuetue spoke about his offending, he said that because of “harassment” he had been subjected to, he had an anger that he satisfied with sexual violation. He said it took coming to jail to understand what was behind the offending, and he has learned how to manage it. He said he has learned to recognise when it is becoming angry, what is happening with his moods, and how to reframe it.
9. Mr Tuetue said that he has shared his warning signs with his supporters and will also share with [withheld] when a hui can be organised. He said that when he is frustrated or stressed, does not want to talk to anybody, or goes to sit somewhere quiet, the support he requires is for someone to approach him and offer him support and assistance.
10. Before the hearing we spoke with one of Mr Tuetue’s victims, and a representative of another. We told him that her previous comments were still relevant, and that she continues to oppose early release. Mr Tuetue remembered the submissions she has made in the past, he said he knows that she does not want him to be released. Mr Tuetue said that he will be able to cope with life in the community, he said with support, reintegration with everybody who is involved with him, he will do well.
11. Mr Tuetue said he knows the victim has always opposed release, he respects and understands her view, his submission is that the work he has done will mitigate his risk.
12. Mr Tuetue’s Case Manager said that he supported the release proposal.
13. The Board was assisted by the presence of [withheld]. [withheld] spoke about the wraparound support his organisation offers, that there is at least one person on site 24 hours a day, that there are security cameras and alarms, and that the [withheld] staff always know where the residents are.
14. Mr Thompson said Mr Tuetue was welcome at [withheld] for at least a year, longer if necessary. Then he would be assisted into [withheld] accommodation in Dunedin, with follow-up if necessary. The follow-up is a recent addition to the [withheld] portfolio.
15. Taking into account the rehabilitation he has completed, the insight he shows into his offending, and his robust release proposal, the Board considers that any undue risk Mr Tuetue continues to pose can be met by way of special conditions, as such he will be released on parole.

16. We have looked at the proposed special conditions, we spoke to [withheld] about the condition that he is to undertake and engage in a reintegration programme approved by his Probation Officer for up to eight hours a day. [withheld] said the reintegration programmes offered by [withheld] go longer than eight hours a day, however, it is a condition that they require for residents being released into their programme.
17. Mr Tuetue will be released on 7 December 2021. The standard and special conditions imposed will continue for life. There is a condition that in June 2022, Mr Tuetue is to appear in front of the Board pursuant to section 29B of the Parole Act, we support this condition given the length of time he has spent in prison and the violent nature of his offending. Mr Tuetue is advised that at that hearing it will be an opportunity for him to discuss the release conditions if he wishes.
18. 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) To comply with any tenancy agreement or rules issued by the provider of your approved accommodation.

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

(4) 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 08:00pm and 06:00am 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) 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 undertake, engage in and complete a reintegration programme approved by your Probation Officer and administered by a programme provider, for up to 8 hours daily between 08:00am and 4:00pm. Whilst participating in the programme, to submit to being supervised and monitored as necessary to ensure your attendance at classes or participating in other activities associate with the programme. To abide by the rules of the programme to the satisfaction of your Probation Officer.