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

Ty-Rae Zachary CHERRY

Hearing: 11 November 2024

[withheld] via MS Teams

Members of the Board:

Judge A Skellern – Panel Convenor

Mr A Hackney

Mr N Trendle

In Attendance: 

[withheld] – Case Manager

[withheld] – Reintegration Coordinator

Support Persons:  [withheld]

DECISION OF THE BOARD

1. Mr Cherry appears again before the Parole Board on a three-year two-month sentence of imprisonment for possessing, knowingly making or copying objectionable material in terms of child exploitation.  It is noted there were 15 charges in all.
2. At the last Parole Board hearing parole was declined as Mr Cherry had yet to engage in rehabilitation.  He began the MIP in March 2024 and graduated September 2024.  Mr Cherry has a RoC*RoI of 0.26108 an ASRS of 2 and a security classification of minimum.  His parole eligibility date was 30 December 2023, his sentence commencement date 9 December 2022 and his statutory release date 8 February 2026.
3. In terms of his report from the PCO, she said he had received reports that were not negative, but the one comment that had been made was that he interacted very little with staff.  In terms of his PAR, Corrections did not envisage any areas of concern in respect of compliance with conditions.  They noted that Mr Cherry had found the programme to be positive and beneficial, and that he now understood the harm that he had caused to victims by this conduct.  He had gained an understanding that he had a sexual preoccupation.  His treating psychologist said overall his engagement was positive.  That he was not identified to engage the MIP maintenance in the community, but he would be able to engage in the STOP Programme if required.  A support hui was required prior to release to ensure his supporters knew his high risks and his safety plan. [withheld].  It was, at by all accounts, a positive and helpful meeting.
4. [withheld].
5. In all the Board considered that any undue risk could be appropriately managed by the proposed conditions, but there were some amendments that the Board considered were appropriate to those conditions.  In terms of the release address, the specific address of [withheld – Otago Region], needs to be added.  The condition restricting Mr Cherry gaining employment is to be removed, as the Board considers that obtaining employment would be a step forward for Mr Cherry.  [withheld].  The Board considered that the monitoring hearing was unnecessary, and that condition is to be removed.
6. In terms of the current condition on not using or possessing any Internet-capable device unless under the direct supervision of an adult approved in writing, is to be amended so that Mr Cherry is only to have possession of a device approved by his Probation Officer, and on the direction of his Probation Officer to produce the device to the Probation Officer along with any necessary passwords.
7. The special and standard conditions are to remain in place until Mr Cherry’s statutory release date which is 8 February 2026.
8. The Special Conditions are:

(1) To reside at [withheld – Otago Region], 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 have contact or otherwise associate, with a person under the age of 16 years, [withheld], 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.

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

(4) To only to have possession of an electronic device capable of accessing the internet as approved by a Probation Officer,  and upon request, to make available to a Probation Officer, or his or her agent, the electronic device for the purpose of ensuring that your use of the device is not unlawful or not in breach of your release conditions.

(5) 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.

(6) 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.