New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Nikola Michael MARINOVICH

Hearing: 16 June 2022

at Auckland Prison

Members of the Board:

Judge J Lovel-Smith – Panel Convenor

Mr G Coyle

Mr A Spierling

Counsel:  Mr R Mansfield

In Attendance:  [withheld] - Case Manager

Support Persons: [withheld]

DECISION OF THE BOARD

1. Mr Marinovich was sentenced to three years’ imprisonment for possession of objectionable child pornography and copying and supplying such material.
2. We have considered the psychological report dated 6 May 2022.  In the author of the report’s opinion, Mr Marinovich has completed substantial offence-focussed treatment and has a release plan which should be sufficient to manage his risk and he could be considered for release at this time.
3. The recommendation is that he resume regular treatment with his private psychologist until he obtains stability in his personal and professional life and he should also continue to engage with any substance abuse aftercare programmes available to him in the community.  The psychologist no longer recommends that Mr Marinovich should attend the SIP‑CSO programme prior to release.
4. Taking all these matters into account, including Mr Marinovich’s exemplary conduct while in prison and the support he has in the community, the Board is satisfied that his risk would not be undue if released on parole.
5. Mr Marinovich will be released on 4July 2022 on standard and special conditions to six months past his sentence end date.  A monitoring hearing will be scheduled for December 2022 to be seen no later than the end of that month.  The special conditions are as follows:

(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 attend, participate in and complete an assessment for any programme/treatment or counselling deemed suitable for your given needs and attend if and as directed by a Probation Officer.

(3) To attend, participate in and complete any maintenance programme/counselling if and as directed by a Probation Officer.

(4) To attend, participate in and complete [withheld] as directed by a Probation Officer.

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

(6) 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.

(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) Not to enter or loiter near any school, early childhood education centre, park, library, swimming pool, other recreational facility, church, or other area specified in writing by a Probation Officer, unless you have the prior written approval of a Probation Officer, or unless an adult approved by a Probation Officer in writing, is present.

(9) Not to enter or loiter near any place where children under 16 are congregating unless you have the prior written approval of a Probation Officer, or unless an adult who has been approved by a Probation Officer in writing, is present.

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

(11) Not to have contact or otherwise associate, with a person under the age of 16 years, directly or indirectly unless you have the prior written approval of a Probation Officer, or unless you are under the supervision and in the presence of an adult approved in writing by a Probation Officer.

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

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

(15) 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.

(16) To comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing in December 2022 at a time and place to be notified to you.

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