New Zealand Parole Board -

Application for variation of conditions – parole

Under section 56(2) of the Parole Act 2002

Arthur William TAYLOR

Applicant

[withheld]
Department of Corrections

Hearing: 16 December 2021

via Microsoft Teams

Members of the Board:                   Sir Ron Young (Chairperson)

Ms W Taumanunu

Mr L Tawera

Counsel:                                           Mr R Bates - for the Respondent

In Attendance:                                  [withheld]

DECISION OF THE BOARD

1. Mr Taylor made an application to vary his parole conditions by ending his curfew.  His curfew has been in existence since his release.  The initial application appeared to relate only to reducing the curfew numbers.  Corrections filed a memorandum indicating that they cannot see reason, relating to risk, to continue the curfew.  We agree.  We think it does not serve any purpose in terms of risk.  In those circumstances therefore the application is granted, and we delete the curfew from Mr Taylor’s parole conditions.
2. Special Conditions are:

(1)       To reside at [withheld], Dunedin or any other address approved in writing by a Probation Officer and not to move any approved address unless you have the prior written approval of a Probation Officer.

(2) Not to be found outside the area of Dunedin City as specified on a map provided by a Probation officer unless you have the prior written approval of a Probation officer. Any approval given may be given subject to conditions or restrictions on his whereabouts outside of Dunedin City.

(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, including any restrictions or conditions placed on your movements when outside of Dunedin City when given permission to leave Dunedin.

(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) Not to possess or use any electronic device capable of telephone communications, text messages and accessing the internet, other than a single device that has been approved in writing by a Probation Officer provided, however, that a Probation Officer may, in appropriate circumstances such as the need to prepare for Court hearings, approve the use of any other device.

(6) Upon request, to make available to a Probation Officer, or his or her agent, any electronic device capable of accessing the internet that is used by you, or is in your possession or control, for the purpose of monitoring (including by forensic inspection) your use of the device.

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

(8) To obtain the written approval of a Probation Officer before starting or changing your position or place of employment (including voluntary and unpaid work) and notify a Probation Officer if you leave your position of employment.  For the purposes of this condition, voluntary and unpaid work includes involvement in the legal matters of others.

(9) If directed, you are to attend a psychological assessment and attend, participate in and complete any programme, treatment or counselling as may be recommended by such assessment to the satisfaction of a Probation Officer and relevant service provider.

(10) To undertake any other counselling, treatment or programmes as may be directed by a Probation Officer.

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

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