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.

Parole Hearing

Under section 21(2) of the Parole Act 2002

Matthew Garland KELLY

Hearing: 17 April 2024

at Rolleston Prison

Members of the Board:

Ms S Bailey – Panel Convenor

Ms K Coutts

Ms F Pimm

Counsel: Ms S Payne

In Attendance: 

[withheld] - Case Manager

[withheld] – Reintegration Coordinator

Support Persons:  [withheld]

DECISION OF THE BOARD

1. Matthew Kelly appears for a further consideration of parole. Mr Kelly is serving a sentence of 12-and-a-half years’ imprisonment as a result of cumulative sentences. He was sentenced during July of 2016 for the possession and distribution of objectionable material. He was then further sentenced during January of 2019 for serious child sex offending. The two sentences resulted in an overall term of 12-and-a-half years.
2. Mr Kelly has a RoC*RoI of 0.2628 and a statutory release date of 21 December 2028 which is just over four and a half years away.
3. On Mr Kelly’s sentence plan is CSO:HIP which was completed during September 2021.  He then moved onto the Graduates group which he has been involved with ever since.
4. Mr Kelly also had one-on-one sessions with his treating psychologist who addressed his aggression and emotional regulation. Those sessions have been completed.
5. Mr Kelly has approved accommodation with the [withheld], recognising that he will need intensive support on his release. There is a bed date available from 8^th May 2024.
6. Mr Kelly had his lawyer, Ms Payne, appear for him today. She had forwarded written submissions in support of his release, noting he had the accommodation available and had completed his rehabilitation.
7. Ms Payne made verbal submissions today confirming her written submissions. She also noted that Mr Kelly has now moved to the Rimu Unit, out of the Therapeutic Unit.
8. Mr Kelly last appeared before a Board during April 2023. That Board recognised Mr Kelly would need an intensive reintegration and release proposal to support him on release.  He was at the early stages of reintegration at that time.
9. A recent psychological addendum states that Mr Kelly’s risk of sexual re-offending remains at above average. However, there has been some reduction in his score since the last report. The psychologist also stated that Mr Kelly has completed the Kia Marama, Graduates group and individual sessions required. He stated there has been a decrease in his aggression and demand on prison services such as the complaint process. The psychologist recommended that if Mr Kelly remains in the prison he moves to a different unit, so he can demonstrate his behaviour changes outside the Therapeutic Unit. The psychologist said this will be important for him to develop some skills prior to release. The psychologist also said it will be appropriate for Mr Kelly to meet with his supports prior to release.
10. Mr Kelly spoke well with the Board today. He said that he had 21 further sessions with his treating psychologist to address his aggression, emotional and sexual regulation This has been very helpful. He said he recognises his triggers, acknowledges he now has coping mechanisms, and believes he has his aggression and emotional regulation issues under much better control.
11. Mr Kelly moved to the Rimu Unit two or three weeks ago where there is a much wider range of offenders and more challenging times outside of the Therapeutic Unit. He said in the past he would likely have had several confrontations by now with other prisoners, particularly when he was challenged about his type of offending. He said he had been able to put his skills into place and walk away from those situations while in Rimu.
12. Mr Kelly was upfront and acknowledged that he has at times demonstrated offence paralleling behaviour in his defiance of authority, wanting his own way and demonstrating control. He believes he has done enough work to address these matters satisfactorily on release. He also acknowledged that [withheld]. [withheld]. He recognises that his recent behaviour changes will need continued and determined work.
13. The Board acknowledge that Mr Kelly has engaged positively with his treatment programme including his individual sessions.
14. Mr Kelly has had three meetings with [withheld] staff and has met his case manager on all three occasions. His latest meeting was as recently as this morning where he had a support meeting with [withheld] and other supporters. He appreciates that [withheld] will result in challenges to him such as his behaviour and his compliance. [withheld].
15. Mr Kelly was able to talk to his high-risk situations and understands he still has a long time to go on his sentence and will be subject to recall should his reintegration not work out satisfactorily.
16. His case manager confirmed the [withheld] arrangements and the reintegration co-ordinator confirmed that [withheld] was considered the best option for Mr Kelly.
17. His PCO gave him very good report and he is currently a unit painter. [withheld].
18. In consideration of everything what was heard today - which includes the work completed by Mr Kelly within the prison, the release to [withheld] which is a highly structured and supportive environment, his degree of [withheld] support, the way he spoke to the Board and the understanding he showed about his treatment - satisfies the Board that he is no longer an undue risk and he will be released. He will be released on 8 May 2024 to the [withheld].
19. All standard conditions and all special conditions as outlined in the PAR will remain until his statutory release date which is during December 2028. He will be required to partake in a monitoring hearing in six months’ time, which will be during October 2024.
20. The Special Conditions are:

(1) 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.

(2) To reside at [withheld], Christchurch, 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.

(3) To submit to electronic monitoring as directed by a Probation Officer and comply with the requirements of partial residential restrictions. To remain at your approved address between the hours of 10:00pm and 06:00am daily, unless you have the prior written approval of a Probation Officer, or as permitted by section 33(4) of the Parole Act 2002.

(4) To comply with the requirements of partial residential restrictions and remain in the area defined by a Probation Officer at [withheld], Christchurch between the hours of 10:00pm and 06:00am daily unless you leave the residence:

(a) to seek urgent medical or dental treatment;

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

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

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

(i) comply with any special conditions;

(ii) seek or engage in employment; or

(iii) to attend training or other rehabilitative or reintegrative activities or programmes.

(5) Not to use or possess any device capable of accessing the internet unless you are under the direct supervision of an adult approved in writing by a Probation Officer, or unless you have the prior written approval of 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) To submit to electronic monitoring as directed by a Probation Officer in order to monitor your compliance with any conditions relating to your whereabouts.

(8) To comply with the requirements of electronic monitoring and provide access to your approved residence by the Probation Officer and representatives of the monitoring company, for the purpose of maintaining the electronic monitoring equipment as directed by the Probation Officer.

(9) 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.

(10) To attend, participate in and complete an STU-CSO Relapse Prevention Maintenance Group, which is the equivalent to the KM Graduates Group as directed by a Probation Officer.

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

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

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

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

(15) 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.

(16) 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.

(17) 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.

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

(19) In October 2024 to comply with any direction made under section 298(2)(b) of the Parole Act 2002 to attend a hearing at a time and place to be notified to you.