Daniel John LUFF 28/4/2022
Parole Hearing
Under section 21(2) of the Parole Act 2002
Daniel John LUFF
Hearing: 28 April 2022
at Auckland Prison via MS Teams
Members of the Board: Sir Ron Young – Chairperson
Ms M Kleist
Ms C Tiumalu
Dr J Skipworth
Counsel: Mr T Harre
In Attendance: [withheld] – Case Manager
[withheld] – Case Manager
Support Persons: [withheld]
DECISION OF THE BOARD
- Mr Luff, who is 37 years of age, was sentenced to life imprisonment for murder in 2002. He had finite sentences for attempted murder and kidnapping and other violent offending. He had no previous convictions beyond that very serious offending which all occurred on the same day in 2002. We have described Mr Luff’s offending in previous Parole Board hearings.
- Before we started the hearing, we summarised the submissions made to us by victims to Mr Luff.
- We last saw Mr Luff in May 2021. At that stage Mr Luff was hoping to go to the Hawke’s Bay and be released to family members. We said that we were not prepared to release him to the Hawke’s Bay given our concerns about victim contact.
- Mr Luff completed the STURP Programme in prison. He did very well at that programme, but there was some further work we considered that he needed to do relating to risk identified in the psychological report. In particular, there were issues relating to his perfectionist approach to the world and his intimate and general social contacts and rejection.
- As to the current position, as a result of our identification of the further work that needed to be done, Mr Luff has had a further 12 sessions with a psychologist, and while initially he was reluctant to do the work he accepted that further work was needed to be done. As we have noted, the treatment focused on managing social and intimate partner rejection and on his high driven side and how that might relate to his risk of re‑offending. The treatment report indicates that Mr Luff made excellent progress to deal with these issues and incorporated those concerns into his safety plan.
- The psychologist in reporting to us today said that he had had a good healthy discussion of Mr Luff’s situation and his frustrations and the progress that he had made. He said that he considered Mr Luff illustrated good application of learned skills. There was no further rehabilitation work that would be required of him.
- Mr Luff has had a number of challenging situations more recently, including rejections from some students at Massey University where he was enrolled to undertake a PhD. Because of COVID-19 he had to suspend his work on his PhD because of access issues. Mr Luff had coped well with these issues and had managed his frustrations. Overall, he is now assessed at being a low risk of re‑offending.
- We are satisfied given his release plan and given the extensive rehabilitation he has done he is no longer an undue risk and may be released. He is going to be released to [withheld] address in Nelson. We think that that is an excellent address for him to be released to. It takes him well out of the area in the North Island where there has been broad victim concern about contact with Mr Luff. We are satisfied that given the extensive releases into the community over the years he has had through his PhD work that no further reintegrative work is now needed. And so, he will be released on 25 May 2022.
- The special conditions set out in the Parole Assessment Report we will impose with the following changes: Firstly, we will include a prohibition against possessing a firearm or obtaining a firearm’s licence. Secondly, the curfew will be for a period of three months from his release date. Thirdly, the electronic monitoring of his whereabouts condition will continue on and will be reviewed again at his monitoring hearing, which will be in-person and held in December 2022.
- Finally, we have amended slightly the prohibited areas relating to the whereabouts condition so that they are the Manawatu, Hawke’s Bay, and Whanganui at the request of the victims of Mr Luff’s offending.
- The special conditions are:
(1) To reside at [withheld], Nelson 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, 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 9.00pm 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.
(3) To submit to electronic monitoring as directed by a Probation Officer in order to monitor your compliance with any conditions relating to your whereabouts.
(4) Not to enter the area of Manawatu, Hawke's Bay, or Whanganui, as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.
(5) To disclose to a Probation Officer, at the earliest opportunity, details of any intimate relationship which commences, resumes, or terminates.
(6) 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.
(7) 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.
(8) To attend a psychological assessment and attend, participate in and complete any recommended treatment as directed by a Probation Officer.
(9) To attend an assessment for a departmental programme/maintenance group, and attend, participate in and adhere to the rules of the programme/maintenance group as directed by a Probation Officer.
(10) Not to have access to or have in your possession a firearm or ammunition and not to receive a firearm licence.
“Please note: you may be required to undergo a drug or alcohol test and or submit to drug or alcohol monitoring.”
Sir Ron Young
Chairperson