New Zealand Parole Board -

There is an order prohibiting publication of the name, address and occupation or identifying particulars of the offender and/or victim.

Progress hearing

Under section 29B(2)(b) of the Parole Act 2002

Jason Robert TREMBATH

Hearing: 14 November 2024

At Rotorua Main Reporting Centre via MS Teams

Members of the Board:

Ms K Snook - Panel Convenor

Mr A Hackney

Mrs F Pimm

Counsel: Mr S Mutch

In Attendance: [withheld] - Probation Officer

DECISION OF THE BOARD

1. The Board has considered a report on the progress on parole of Jason Robert Trembath.  He is serving a cumulative sentence comprised initially of a sentence of four years five months imprisonment which was imposed in June 2019.  Mr Trembath was convicted of 11 charges of indecent assault of a female over 16 and two of making and publishing intimate recordings.  There was then a one year cumulative term of imprisonment imposed in August 2023 for an indecent act which was committed on parole in February 2023.  There was then a one month cumulative term of imprisonment imposed for breach of conditions on parole, which was imposed in June 2024.
2. The circumstances of Mr Trembath’s time in the community are set out in the Board’s decision of 19 July 2024.  There have been several releases and recalls.  Mr Trembath was most recently released on parole on 3 April 2024.  That Board referred to its expectation that Mr Trembath would strictly comply with the conditions set and have an open and honest relationship with his Probation Officer and those who would be supporting him.
3. There was a positive test for methamphetamine on 24 June 2024.  There was also a concern that Mr Trembath had communicated with a former partner and that he had deleted that message, which was of concern.  This is because of his previous behaviour of deleting messages from devices which were subject to monitoring.  The Board on 19 July 2024 considered a recall application and did make a final recall order.  It found that the grounds for recall were established.  Mr Trembath accepted that he had used methamphetamine again over a two-day period while he was attending a sporting competition.  The Board made the final recall order but re-released Mr Trembath on parole on 22 July 2024 with additional conditions, including extending the hours of the partial residential restrictions curfew.  Standard and special conditions were imposed for six months past his statutory release date.  That statutory release date is now 2 February 2025.
4. Today the Board considered a progress report which was finalised on 24 October 2024.  Mr Trembath has been working with a Departmental psychologist.  He has completed eight sessions out of 10 with the psychologist.  He is said to be engaging well.  He also completed some sessions via AVL with [withheld] who had prepared a risk assessment for the Board that released Mr Trembath earlier this year.  That treatment has not recommenced since the recall, but instead Mr Trembath has been doing the treatment with the Departmental psychologist.
5. We did have written submissions from Mr Mutch, which we had read in advance of the hearing.  They referred to some of the matters referred to in the progress report and also asked that the Board give consideration to removing the partial residential restrictions curfew.
6. [withheld].
7. We did raise our concerns with Mr Trembath about the way in which his personality does appear to allow him to return to risk situations despite the treatment he has completed and the fact that he has a safety plan.  This is evident from his return to methamphetamine use in the middle of the year.  He said he has been working through his safety plan again with the psychologist.  [withheld].  He also appeared to accept that he may try to get away with things if he can.  He said he will raise these matters with the psychologist in the final sessions.
8. On the positive side Mr Trembath continues to live with [withheld] and that appears to be going well.  He said he has been tested in terms of them being away again and has not returned to drug use.  He completed six sessions with [withheld] in relation to AOD abuse since the recall.  He is working full-time [withheld].  He is careful to ensure that he does not return to long work hours and the stress that was associated with his prior offending.  There have been two recent negative drug tests.
9. Mr Trembath talked about his plan for the future. He hopes to move to his own property out of Rotorua, [withheld].
10. Mr Trembath remains on parole.  We do not consider that we need to see him again given that his sentence ends on 2 February 2025. He remains on the standard conditions and on the special conditions as set out below.
11. We are not prepared to discharge the partial residential restrictions curfew entirely.  We accept that [withheld – Probation Officer] indicated that in her view the restrictions are no longer necessary but we do not agree. We do think that special condition works to ensure that Mr Trembath remains at his approved address overnight.  Some of his sexual offending did occur early in the morning.  He has found it difficult on his own to avoid high risk situations on parole such as returning to drug use and sexual offending.  He is still working with the psychologist.  We also think that it is important that if Mr Trembath moves from his [withheld – current address] before his statutory release date, any new address will need to come before the Board to approve the variation due to the fact that he is on the partial residential restrictions curfew.  A further section 34 report will be required for any new address.  [withheld].
12. We are prepared to change the hours of the curfew so that it applies between 10 pm and 6 am daily.  The curfew will remain in place and be electronically monitored until Mr Trembath’s statutory release date of 2 February 2025.   All other conditions remain in place until six months past his statutory release date of 2 February 2025.
13. The special conditions are:

(1) Until 2 February 2025 to comply with the requirements of partial residential restrictions and remain in the area defined by a Probation Officer at [withheld], Rotorua between the hours of 10:00 pm to 6:00 am daily unless you leave the residence:

(i) to seek urgent medical or dental treatment;

(ii) to avoid or minimise a serious risk of death or injury to you or any other person;

(iii)  for humanitarian reasons approved by a Probation Officer; or

(iv)  with the prior written approval of a Probation Officer in order to:

1. comply with any special conditions;
2. seek or engage in employment; or
3. to attend training or other rehabilitative or reintegrative activities or programmes.

A change of address while on partial residential restrictions will require a variation application under s56(2) and possibly action under s36 by 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) Until 2 February 2025 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.

(4) Until 2 February 2025 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 purposes of maintaining the electronic monitoring equipment as directed by a Probation Officer.

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

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

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

(8) 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.

(9) 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.

(10) 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.

(11) Not to engage in any betting or gambling either directly or indirectly.

(12) 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.