New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Nicholas Gavin LOPER

Hearing: 9 August 2024

at Otago Corrections Facility

Members of the Board:

Ms M Coleman

Mr C King

Mr S Perry

Counsel: Ms C Anderson

In Attendance: [withheld] - Case Manager

Support people: [withheld]

DECISION OF THE BOARD

1. Nicholas Gavin Loper, who is 30, appeared before the Board today for further consideration of parole on a two year five month sentence for serious domestic violence against his partner.  Those convictions included strangulation as well as other violence.  Mr Loper’s victim suffered serious physical and psychological injuries as a result of this offending.
2. These are Mr Loper’s only criminal convictions.  His statutory release date is 29 August 2025.
3. Mr Loper accepted today that his violence toward his former partner occurred over a four to five year period, starting shortly after their daughter was born.  [withheld].  More broadly Mr Loper accepted that the victim would feel unsafe around him as a result of his violence and said that any co-parenting arrangements that are put in place on release must respect her need for a sense of safety.  He also acknowledged the damage that his violence had caused her.
4. These comments were made to the Board when we advised him of some of the feedback that we had received from a meeting with his victim earlier today.  [withheld].
5. Mr Loper was last before the Board in May 2024.  At that time, he was seeking to be released on parole, submitting that he could undertake treatment for his violence in the community within a shorter period of time.  The last Board noted that the psychologist had assessed him as posing a low-risk of violent re-offending although that risk was said to be heightened in the context of an intimidate partner relationship.  The psychologist did not recommend that he undertake offence focussed treatment such as the MIRP in prison, as it would not sufficiently target his risk of inter-partner violence and could instead expose him to negative influences.  Instead, a Stopping Violence course, which more precisely seeks to treat relationship violence, was recommended.  The last Board also noted the victim’s comments that he had had an opportunity to Stopping Violence course in the community prior to prison but chose not to and considered that he should at least commence that programme within the prison.
6. We are now advised that this is not possible.  This is because for him to undertake that programme while still in prison it needed to have been ordered by the sentencing Judge, which the Judge expressly stopped short of doing.  Therefore, the only way that Mr Loper can undertake that programme is while on parole.
7. After speaking to Mr Loper, and after understanding the release plan that is in place, we believe that any remaining risk can be sufficiently mitigated by the special conditions which we intend to impose, one of which will be his completion of a Stopping Violence Programme.  We, therefore, direct his release on 2 September 2024.
8. [withheld].
9. Given that this offending happened in the family home, the Board does not see that the risk of further inter-partner violence would be mitigated by the imposition of partial residential restrictions and these are not imposed.  We also do not consider given his assessed low-risk of further re-offending that there is a need for a monitoring hearing.  All the other conditions are appropriate and are imposed.
10. In addition the Board is going to impose a whereabouts condition.  This is intended to ensure that the victim has a sense of safety on release knowing that she will not bump into Mr Loper anywhere near where she lives or works.  That condition is that he is not to enter Otago north of Oamaru and is not to enter Canterbury at all.  That whereabouts condition will be monitored electronically.
11. All special conditions along with standard conditions will remain in place for six months passed his statutory release date.
12. The special conditions are:

(1) To reside at [withheld] Dunedin, 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 Otago north of Oamaru or any part of Canterbury as defined by a Probation Officer in writing unless you have the prior written approval of 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) 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.

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

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

(7) To attend, participate in and complete relationship counselling as directed by a Probation Officer.

(8) To attend, participate in and complete Stopping Violence as directed by a Probation Officer.

(9) Not to have contact or otherwise associate, with the victim of your offending, directly or indirectly, unless you have the prior written approval of a Probation Officer.

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

(11) To attend an alcohol and drug assessment, and attend, participate in and complete any treatment or counselling 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.”