New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Andrew Ronald MACMILLAN

Hearing: Wednesday 19 July 2023

at Waikeria Prison via MS Teams

Members of the Board:

Sir R Young – Chairperson

Mr A Hackney

Mr C King

Prof P Brinded

In Attendance: [withheld] – Case Manager

[withheld] – Principal Case Manager (Observer)

Support Persons: [withheld]

DECISION OF THE BOARD

1. Mr MacMillan, who is 57 years of age, was sentenced to life imprisonment for murder in 1989 and he was parole eligible in 2000. His security classification is currently minimum.  Prior to the murder he had two pages of convictions involving property and breaches of court orders. He was released and then recalled in late 2020, subsequently he was convicted of being in possession of an offensive weapon, possession of cannabis and breach of conditions.
2. We last saw him in October 2022.  At that stage he had had further reintegrative work and all of his rehabilitation had been completed.  We did not think that a release to [withheld] met his risk need. We wanted him to do further release to work and other reintegrative work before we would further consider a release.
3. As to the current position, Mr MacMillan has been working with [withheld] on the release to work system.  He has a very positive letter from them today and we saw [withheld], who spoke positively of Mr MacMillan’s progress. He has continued on with his one-on-one work with a psychologist dealing with the reasons why he was returned to prison, and that can continue on in the community.
4. [withheld] have accepted him for release to their residence from 24 July.
5. We are satisfied now that Mr MacMillan is no longer an undue risk and can be released.  He will be released on 9 August to give adequate time for victim notification. The special conditions set out in the Parole Assessment Report we apply with confirmation that the address is [withheld], Hamilton, and that there will be a curfew there from 10 pm until 6 am.
6. As to the curfew, we were told today that Mr MacMillan had signed a consent to the curfew, but [withheld] also need to sign the appropriate section 34 consent, a copy of which should be provided to the Parole Board.
7. As to monitoring, we will see him again in November 2023 for an update on progress.  All of the conditions will be for life, but we will reassess that when we see him again in November 2023.
8. The special conditions are:

(1) To reside at [withheld], Hamilton, or any other address approved in writing by a Probation Officer, and not move from that address unless you have prior written approval of a Probation Officer.

(2) 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.

(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 South Island as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.

(5) 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.

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

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

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

(9) 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.

(10) To attend a reintegration meeting as directed by a Probation Officer.

(11) 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.

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

(13) To comply with the requirements of partial residential restrictions. To remain at your approved address between the hours of 10pm and 6am daily as permitted by section 33(4) of the Parole Act 2002.

(14) Upon expiry of residential restrictions condition, you must reside at an address approved in writing by a Probation Officer.

(15) To submit to electronic monitoring as directed by a probation officer, in order to monitor your compliance with any conditions relating to your residential restrictions.

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