New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Hayden Joseph TAYLOR

Hearing: 1 November 2022

at Auckland South Corrections Facility via MS Teams

Members of the Board: Sir Ron Young (Chairperson)

Mr A Spierling

Mr B McMurray

Dr J Skipworth

Counsel:   Ms E Burton

In Attendance:  [withheld] – Case Manager

Support Persons:  [withheld]

DECISION OF THE BOARD

1. Mr Taylor, who is 46 years of age, was sentenced to life imprisonment for murder.  Shortly before the murder, which occurred in September 1996, he kidnapped a woman and raped her. Initially he was sentenced to preventive detention on that charge but it was subsequently discovered that that was not available and so he was sentenced to a finite sentence of 14 years’ imprisonment.
2. Mr Taylor therefore has been in prison now for some 26 years.  His security classification is minimum.
3. We last saw him in November 2021. One of the concerns the Board has raised at a number of Parole Board hearings was Mr Taylor’s sexually deviant behaviour relating to the murder. There was evidence that the Parole Board accepted from the trial Judge and other evidence identified in previous Parole Board decisions that showed Mr Taylor had sexually attacked the young woman that he murdered. Mr Taylor has always denied that he sexually attacked the woman he murdered.
4. Our concern has been particularly the sexual aspect of that risk had not been addressed. We rejected the suggestion that attendance of the Adult Sex Offender Treatment Programme which Mr Taylor undertook some years ago focused on the April 1996 kidnapping and rape would have been of assistance to Mr Taylor with regard to his risk arising from the sexual aspect of the murder.  We do not think that is the case.  We think the circumstances of that sexual attack, as we have said, illustrated a deviancy of great concern to us.
5. As to the current position, Mr Taylor has had significant rehabilitative and reintegrative testing over many, many years. As we have indicated, he has undertaken all of his identified rehabilitation, having done so some years ago being essentially in reintegration now for many years.  He has had significant testing, both in the early 2010s when he had a period of time on Release to Work. He was brought back to prison because of a general decision that Release to Work was not appropriate for prisoners at that time.  Subsequently he has done well in the prison without difficulty and almost without misconducts. Misconducts have been significantly rare.
6. More recently in 2017 he had further one-on-one counselling with a psychologist and over the last five years he has been further tested in various forms in the prison. He has been on further Release to Work since May 2021 now, almost 18 months, except for a few COVID-19 stand-down periods. He has very good report from [withheld] his employer and they have offered him permanent employment.
7. He has had a number of guided releases into the community.  He has a good safety plan and knowledge of that plan. He has a very supportive family.
8. His risk assessments are now primarily based on the work that Mr Taylor has done in recent years. His dynamic risk factors (which are low) have meant that his assessed risk for sexual re-offending is below average.
9. Given we are satisfied that Mr Taylor was involved in sexually deviant behaviour at the time of the murder and given his background and the circumstances of both sets of offending it can be difficult to rely upon the risk assessments undertaken.  For example, his risk of sexual offending is assessed at below average and his denial of the sexual aspect of the murder is said to not increase his risk. Those assessments may however not accurately reflect his risk.
10. However, we are satisfied now that Mr Taylor, after extensive rehabilitation and a long period of reintegrative testing, can be released on parole. No further rehabilitation is identified. Further reintegrative testing is unlikely to identify any further risk or concern given the extensive reintegration undertaken by Mr Taylor.
11. The parole conditions will, of necessity, be tight. It will be vital for all of those that are supporting him, including his whānau support as well as professional supports, closely monitor Mr Taylor in the community.
12. The proposed release is to [withheld].  That is for a period of at least six months and up to 12 months. During that time, he will apply to [withheld] who have accepted him for long-term accommodation to arrange that long-term accommodation.  [withheld] have offered employment for Mr Taylor and they are in [withheld] and within driving distance of [withheld] where Mr Taylor will reside.
13. Mr Taylor sought, and we agree, that he should initially be on full residential restrictions.  An exception would allow him to work but for a period we think it wise that beyond work that he stay in his accommodation.
14. He will be released on 23 November to the [withheld] address. The full residential restrictions will apply until an April 2023 monitoring hearing which we will hold. All of the special conditions will apply for life, we will review their length at the time of the monitoring hearing.
15. There is a whereabouts restriction relating to West Auckland.  We think that does need to be redrafted and we ask that that be done and provided to all members within the next week. We think it would be appropriate to restrict him from Auckland Central Business District as defined on the map and West of State Highway 1, the northern boundary at South Head and the southern boundary at the northern end of the Manukau Harbour. Before there is a final approval of that a map should be provided to the Parole Board members so that they can reassess the appropriate limitations.
16. We record that over many years, including today, we have stressed to Mr Taylor the terrible effects that his offending has had on the many victims.  First, the victim of the rape as well as the family members of both the woman who was raped and family members of the woman who was murdered by him. They all oppose his release on parole and have all stressed to us the danger they believe that he is in the community if released.
17. The special conditions are;

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

(2) 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.

(3) Not to enter Auckland CBD or any other area west of State Highway 1, from the Northern end of Manukau Harbour to Warkworth, to be provided to you on a map, unless you have the prior written approval of a Probation Officer.

(4) 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.

(5) 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.

(6) To submit to electronic monitoring as directed by a Probation Officer and comply with the requirements of full residential restrictions daily, unless you have the prior written approval of a Probation Officer, or as permitted by section 33(4) of the Parole Act 2002.

(7) Upon release from prison, to travel directly to the approved address and await the arrival of a Probation Officer and a representative from the monitoring company.

(8) 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.

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

(10) In April 2023, to comply with any direction made under section 29B(2)(b) of the Parole Act2002 to attend a hearing at a time and place to be notified to you.

(11) 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.

(12) To submit to electronic monitoring as directed by a Probation Officer in order to monitor your compliance with any conditions relating to your whereabouts.

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

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