New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Maui Garry ISHERWOOD

Hearing: 24 January 2023

at Christchurch Men’s Prison via Microsoft Teams

Members of the Board:

Sir Ron Young – Chairperson

Mr M Quigg

Ms M Dodd

Prof P Brinded

Counsel: Mr J Tupaea

In Attendance:  [withheld] - Case Manager

Support Persons: [withheld]

DECISION OF THE BOARD

1. Mr Isherwood, who is 44 years of age, was sentenced to preventive detention in 1999 for extensive sexual offending, supplying morphine, living off the earnings of prostitution and unlawful sexual connection. Prior to that he had one page of offending; drugs and assault convictions, but relatively minor.
2. Mr Isherwood has had recalls in 2003 and 2021. We last saw him in October 2022. At that stage he had completed the Drug Treatment Programme for a second time and had behaved well. He had a possible [withheld] release, and guided releases were identified as appropriate.
3. Building on the reasons why Mr Isherwood had been recalled from prison we were concerned about two aspects:  Firstly, his gang association. Although he had said he had left the gang he was found wearing Mongrel Mob colours at the last recall. And, secondly, the concern was allegations of violence to [withheld].
4. As to the current position, the psychological report says that no further rehabilitation is identified as appropriate. Today Mr Isherwood told us that he had left the Mongrel Mob.  He had returned his patch to the Mongrel Mob and with the support of Corrections officers had regularly ensured that he sent younger Mongrel Mob members away when they approached him.
5. As to his violence, there is in place now a full protection order [withheld]. Mr Isherwood accepts that if he wants to [withheld] that he does need to address that by way of bringing formal proceedings in the Court.  We have stressed to him the importance of using the Court system [withheld], rather than anything informal.
6. He had very good feedback from the Drug Treatment Programme, and he had clearly worked hard with regard to that programme.
7. [withheld] had two interviews with him. They were happy with the progress he had made. Ordinarily a move to Leimon Villas might predate any release to [withheld], however, we were told by Corrections today that they had moved away from that process and that Leimon Villas were kept very much for those who did not have adequate support in the community. Given [withheld] had now accepted Mr Isherwood for release and that he has other family support in the community, he is not in that category.
8. And so, [withheld] have offered him a place at their residence from 22 February 2023. We think that that is an ideal release for him. If there are any residual concerns, they do relate to his somewhat chaotic lifestyle last time he was released and concern about any residual aggression towards [withheld].  We are satisfied that those matters can be adequately dealt with by way of his release to [withheld] and the very tight series of special conditions we intend to impose.
9. Mr Isherwood will be released on 22 February 2023. He will be released on the special conditions set out in the Parole Assessment Report. We will have a monitoring hearing in August 2023. All of the conditions will be for life, but we will review each of the conditions as to the appropriate time for their imposition at the August review.
10. We are satisfied, therefore, given we have decided to release him, that he is no longer an undue risk.
11. The special conditions are:

(1) To comply with the requirements of partial residential restrictions. You must be at [withheld], Christchurch between the hours of 10:00pm and 06:00am daily unless: To seek urgent medical or dental treatment; To avoid or minimise a serious risk of death or injury to you or any other person; For humanitarian reasons approved by a Probation Officer; or you have the prior written approval of a Probation Officer.

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

(3) To attend [withheld] as directed by a Probation Officer and comply with the rules of the programme.

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

(5) 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.

(6) 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.

(7) Not to enter any premises licensed under the Sale and Supply of Alcohol Act 2012, other than supermarkets or dairies, or other place approved in writing by a Probation Officer.

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

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

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

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

(12) 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.

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

(14) 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.

(15) 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.

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