Parole Hearing

Under section 21(2) of the Parole Act 2002

Dean Waka NATHAN

Hearing:      29 May 2020

at Otago Correctional Facility via VMR from NZ Parole Board, Head Office Wellington

Members of the Board:  

• Sir Ron Young – Chairperson
• Assoc Prof. P Brinded Dr G Coyle

DECISION OF THE BOARD

1. Mr Nathan is 54 years of age. He was sentenced to life imprisonment for murder in July 2001. Subsequently in prison in 2008, he was convicted of significant supply of methamphetamine and conspiring to supply. He was  sentenced then to 17 years’ imprisonment. He had previous convictions before the murder involving driving offending, drugs, violence and property offending.
2. We last saw him in August 2019. At that stage he had completed the STURP and identified [withheld] as the way forward for him. Because of the difficulties with his convictions during the course of his imprisonment, he was not able to get below low security classification. The Board at that stage however thought that the best way forward for Mr Nathan was to undertake the DTP.
3. As to the current position, Mr Nathan has now completed the DTP having finished it just at about the time of the COVID-19 epidemic lockdown. He did very well there and has spoken highly of the programme. Mr Nathan's case manager confirmed that Mr Nathan was a mentor to a number of the other younger men who were also doing the programme.
4. Mr Nathan has significant [withheld] support in [withheld] where in the long term he wants to live. He was a member of the Highway 61 gang but seems to have retired from that gang many years ago now.
5. Unfortunately, it is not possible for Mr Nathan to have any guided releases or indeed any further reintegration without a release date.  He already has an override to low and the prison have made it clear that he would not get a double override.  He is in Self Care and is working outside the wire.  He works in a situation that involves him being sole charge as a trusted offender. Mr Nathan's proposal is, as we have said, to go [withheld] and then afterwards hopefully be released to [withheld] in [withheld].
6. We have decided that he is no longer an undue risk and on the basis of a release to [withheld] he can be released. He will be released on 17 August which is the date [withheld] is available. As to the special conditions, they will be for a period of five years. We will review them when we see him on a monitoring hearing in February 2021. At that stage there will need to be reviews of both the curfew and of course his residence at [withheld]. Otherwise we consider the recommended special conditions to be appropriate. As we have said, the monitoring hearing should be in February 2021.
7. Special conditions:

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

(2) To attend [withheld] as directed by a Probation Officer and comply with the rules of the programme.

(3) Upon release from prison, to travel directly to [withheld] and await the arrival of a Probation Officer and a representative from the monitoring company.

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

(5) To remain at your approved address between the hours of 9:30pm and 6:45am, unless you have the prior written approval of a Probation Officer, or as permitted by section 33(4) of the Parole Act 2002.

(6) To reside at [withheld] and not move from that address unless you have the prior written approval of a Probation Officer.

(7) To comply with any tenancy agreement or rules issued by the provider of your approved accommodation.

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