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Nicholas Iain HAWKER

Hearing:
28 November 2011
at (withheld)

Members of the Board:
Judge DJ Carruthers
Dr J Skipworth
Mr J Thomson
Ms L Nathan

Support Persons:
(Name withheld)
(Name withheld) (Residential Programme Name Withheld)


Nicholas Ian Hawker appears for parole to be considered.

The matter was adjourned from 31 August 2011.

Mr Hawker was attending (Residential Programme Name Withheld).  He had already undertaken a series of day leaves but was undergoing the 16 week temporary release trial.  At the time he was seen by the Board he was in week 11. 

The Board considered it important that he complete the 16 week period and continue there so that the final test of him was a full and complete one.  The decision was held over to get answers to that question.

We began the last hearing by letting Mr Hawker know the views of the family of his victim.  We have again had the advantage of seeing family members.  They have again given us some very clear messages to pass on to Mr Hawker, as in the past. 

They are opposed to his release.  They are doubtful whether he has been rehabilitated and are concerned that he should not be released back into the communities of this country until he is fully and properly rehabilitated.  They are concerned that there has never been a concentrated treatment about the sexual aspects of his offending.  They are concerned about his lack of understanding of the consequences of his action, both in terms of the terror and distress of this young woman when she was killed and of the ongoing pain and anguish suffered by members of her family.

We recounted these views to Mr Hawker.  He did not attempt to challenge them.  He says that what they say is true in the sense that this young girl did die in pain and terror and alone, and there is nothing now he can do about that.  What he has been trying to do is to make himself as safe as possible so that no-one else will suffer from his actions again. 

Another matter raised by the victims was an important error in the last Board decision.  It was there stated that Mr Hawker was in his 16th year of imprisonment.  In fact it was only his 15th year.  We apologise for this error.

We also received a report from (Residential Programme Name Withheld) about his progress there to date.  We had the advantage of (Withheld) appearing today in support of the report.

(Withheld) says that Mr Hawker is doing well on the programme and that things are going well generally.  Because he has not been released on parole he is described as having ‘black’ status, which limits what he can do in the programme.  (Withheld) says he is in the right place.  This is a test for him and it tests his ability to sustain new relationships and his learning in a different environment.  She says that others have found that a challenge in the past as he no doubt will but it is the right place for those challenges to be undergone at this stage in a tightly supervised environment.

We have discussed all of those matters with Mr Hawker.  In particular, he was closely examined about the sexual aspects of his offending.  He has received a considerable number of individual counselling treatments with a psychologist in respect of those matters.  We had a lengthy discussion with him about that aspect of his treatment in the prison.  He is continuing to work with a psychologist on a one to one basis and, we are told, that work will continue at the (Residential Programme Name Withheld).

Mr Hawker understands that if he is released on parole it is on the basis of a very closely monitored and supervised arrangement which will continue to test him.  In addition to that, we will also require him to attend back before the Parole Board on regular occasions for the first year so that we can monitor his progress and see what advances or other issues emerge.

Having regard to the whole of this discussion and the report from (Residential Programme Name Withheld); having regard to the recommendations of the psychologist and his assessed risk as being moderate to low; and having regard to the comments from the psychologist that this proposal manages that risk in a very adequate way, we have decided to release him on parole now to (Residential Programme Name Withheld) and that will occur on (Withheld) December 2011.  Of course, that will mean no real change for him.  He will continue to reside there under their supervision but on a slightly different status.

He will be released on both standard and special conditions.  The standard conditions will continue for his life.  There will be a number of special conditions and we will detail those at the end of this brief decision.  All of the special conditions will be for a period of five years except for the prohibition about entering the regions of Wellington and Auckland which is to continue indefinitely.

The special conditions, therefore, are as under:

1. To reside (address withheld) at the premises of (Residential Programme Name Withheld) and fully comply and participate in the programme to the satisfaction of the Director.
2. Upon completion of the programme to reside at an approved address and not to move from that address unless with the prior written approval of your Probation Officer.
3. To undertake and complete appropriate treatment/counselling which may include a residential programme to the satisfaction of the Probation Officer and treatment provider.
4. To attend for a psychological assessment by a Department of Corrections psychologist.  To attend and complete any treatment/counselling as recommended by the psychological assessment to the satisfaction of your Probation Officer and treatment provider.
5. Not to have contact or otherwise associate with the victim’s family, directly or indirectly, unless you have the prior written consent of your Probation Officer.
6. To advise your Probation Officer if you are about to or have entered into an intimate personal relationship and to undertake any relationship or other counselling directed accordingly.
7. Not to travel into or enter Wellington or Auckland regions unless you have the prior express written permission of your Probation Officer and that may be given upon such terms and conditions as considered appropriate by that person.
8. Not to possess or consume alcohol or illicit drugs.
9. To attend for a monitoring and progress hearing in February 2012, date and time to be confirmed to you in writing by the Administration of the New Zealand Parole Board.  Progress report requested from Community Probation Service.

Judge D J Carruthers
Panel Convenor


Review

•    You may apply for a review of the Board’s decision under section 67(1).  The only grounds under which you may make an application for review are that the Board, in making its decision:

a)    Failed to comply with procedures in the Parole Act 2002; or
b)    Made an error of law; or
c)    Failed to comply with Board policy resulting in unfairness to the offender; or
d)    Based its decision on erroneous or irrelevant information that was material to the decision reached; or
e)    Acted without jurisdiction.

•    To apply for a review you must write to the Board within 28 days of its decision stating which of the above ground(s) you consider to be relevant in your case and giving reasons why you believe that ground(s) applies.
 
•    Reviews are considered on the papers only.  There is no hearing in respect of your Review Application.