Nicho Allan WAIPUKA 17/072024

Parole Hearing

Under section 21(2) of the Parole Act 2002

and

Conditions Hearing

Under section 18(2) (SRD) of the Parole Act 2002

Nicho Allan WAIPUKA

Hearing: 17 July 2024

Auckland South Corrections Facility

Members of the Board:

Judge J H Lovell-Smith – Panel Convenor

Ms C Tiumalu

Major C Roberts

Counsel: Ms Regena Sommers

In Attendance: [withheld] – Case Manager

DECISION OF THE BOARD

  1. Nicho Allan Waipuka was sentenced to 12 years 10 months’ imprisonment for manslaughter.  His statutory release date is 11 October 2024.  Counsel is seeking parole on behalf of Mr Waipuka.
  2. Mr Waipuka’s security classification remains high.  He is now aged 32.  Since his last appearance before the Board in December 2023, he has incurred two misconduct charges, engaging in a physical altercation with a fellow prisoner in January and a routine search found an unauthorised modified smoking pipe in his cell.  He has demonstrated mixed behaviour, but custodial staff attribute it to his intention to be released on his statutory release date.  The previous Board identified the Short Violence Prevention Programme as the most realistic and appropriate programme for Mr Waipuka given the short time that was available before his statutory release date.
  3. However, Mr Waipuka has remained unmotivated to attend the programme.  He has received no further treatment since his last appearance before the Board.  He was first identified for the Special Treatment Unit - Violent Offending and again he had been previously unmotivated to attend that programme.
  4. He does have suitable accommodation confirmed in the community and on release will be directed to engage in rehabilitation programmes such as [withheld].  He will also be directed to a non-violence counselling provider located in [withheld].
  5. Mr Waipuka has not made any progress in terms of rehabilitation since his last appearance before the Board and remains untreated.  Parole is declined.  The Board requests that Mr Waipuka be given the opportunity of individual psychological counselling before his statutory release date.
  6. Mr Waipuka will be released on his statutory release on standard and special conditions to six months past his sentence end date as follows:

(1) To reside at [withheld], Wellington 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) Not to enter the South Island area as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.

(3) 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 to maintain the electronic monitoring equipment as directed by a Probation Officer.

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

(5) To attend an alcohol and drug assessment and attend, participate in and complete any treatment or counselling as directed by 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) Not to have contact or otherwise associate, with any victim or family and associates of the victim of your offending, [including previous offending] directly or indirectly, unless you have the prior written approval of a Probation Officer.

(8) Not to communicate or associate with your co-offender, [withheld], directly or indirectly unless you have the prior written approval of a Probation Officer.

(9) Not to communicate or associate, directly or indirectly, with any person known to you to associate with the Killer Beez unless you have the prior written approval of a Probation Officer.

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

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

Judge J H Lovell-Smith

Panel Convenor