New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Peter William PEARSON

Hearing: 2 March 2022

at Rolleston Prison via MS Teams

Members of the Board:

Ms S Bailey – Panel Convenor

Ms P Rose

Mr C King

In Attendance:                                  [withheld] - Case Manager

[withheld] – Reintegration Coordinator

Counsel: Ms S Saunderson-Warner

DECISION OF THE BOARD

1. Peter William Ross Pearson appears before the Board for further consideration of parole.  He is serving a sentence of six years and four months’ imprisonment after being convicted of unlawful sexual connection, indecent acts, indecent assault, possession of objectionable material and the making of intimate recordings.
2. Mr Pearson has just over ten months remaining on his sentence.
3. It is noted that Mr Pearson has relevant previous convictions in 1999 for the possession and distribution of objectionable publications.
4. He last appeared before the Board in July of last year.  It was expected at that stage that he would complete some alcohol and drug follow-up, undertake a reintegration hui and partake in any reintegration activities that could be provided before his next appearance.
5. Mr Pearson completed the DTP in May 2019 and he partook in an auxiliary AOD programme in September of last year to update his learnings. He also completed the Kia Marama programme in April 2021 and has been in the Graduates’ group since that time.
6. His lawyer Ms Saunderson-Warner appeared for him today and advised the Board that he is seeking release.  She submitted that he is ready to be released because he had completed his rehabilitation work, he had good reports within the prison, he had been approved for Outside the Wire and he had a positive work history while in the prison environment.  She concluded that he had a firm release proposal with a confirmed approved address and considering everything, he should be released today.
7. Mr Pearson was asked what he had learnt from his programmes and how he would manage once he was out in the community.  He said it had all been a long process for him starting in 2016 when he was placed on remand.  He advised the Board that at that time it all seemed doom and gloom to him and he was still blaming others for the situations he found himself in.  He then engaged in some education programmes and completed some NCEA levels and at this time he said things started to change for him.  He felt more positive and a belief he could improve himself and his life.
8. He also told the Board that he had been [withheld], receiving virtually no or very limited help at that time.
9. The main learnings from the programmes he said were that help is out there, communication is essential with his support people and he was responsible for the choices he made.
10. When discussing specifically how he would deal with different challenges, he said in respect to his drinking he recognised he was still an alcoholic. He acknowledged alcohol had been a huge issue for him previously. He would have to keep away from those that do drink and use his support group and people around him if he felt tempted.  With respect to his sexual offending, he said he was aware of his high-risk situations and would avoid them.  If he did find himself in a high-risk situation he would immediately move away and talk to those around him who could offer him support.
11. Mr Pearson was asked about the Rolleston construction yard where he had been working prior to the COVID restrictions.  He said he had found moving to Totora from Kia Marama was a good experience for him because it felt more “normal” to be in such a unit after being in a therapeutic unit. Mr Pearson stated this in a positive way, highlighting it was a help to transitioning back into the community, especially with working at the construction yard.  He said it was a small team at the Rolleston yard and they talked about dealing with varying and difficult situations which was helpful to him. He said he found it a bit like a small family and gave him an opportunity to develop his communication skills in a better way and be open with that group.
12. He was further asked about continuing with [withheld] to address [withheld]. He advised that he had stopped counselling two years ago but would consider resuming once released into the community.
13. His Case Manager said he engaged positively and there were no further programmes on his sentence plan.  He advised that the Release to Work and guided releases were on hold and there was no indication when these activities will resume.
14. The reintegration coordinator advised that Mr Pearson had an interview booked for an ESO assessment.
15. His PCO gave him a good report.
16. Mr Pearson has [withheld] wraparound accommodation support service in Christchurch to move into if he is released.  He can start there from 30 March this year.
17. In consideration of everything the Board heard today, Mr Pearson is no longer considered an undue risk and he will be released on parole.  He will be released into [withheld] supported accommodation in Christchurch on 30 March this year.
18. His conditions will apply largely as outlined in the Parole Assessment Report, except for a couple of minor changes.
19. The condition not to use or possess any device capable of accessing the Internet will be deleted.  It is accepted that in today's environment, not to be able to access the Internet will make life very difficult.
20. However, to keep oversight of Mr Pearson’s internet use, the last condition as outlined on the report will remain with a change of one word and will read: “Upon request to make available to a Probation Officer or his or her agent all electronic devices capable of accessing the Internet.”.
21. Mr Pearson will be expected to attend a monitoring hearing in six months’ time, that is in September of this year. This is considered appropriate because of the long-term period of his offending (starting in 1999) which then reoccurred more recently; the nature of the offending; and will be an opportunity to revisit his curfew and electronic monitoring conditions.  These conditions will apply to six months after his sentence end date.

(1) To reside at [withheld], 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) To comply with any tenancy agreement or rules issued by the provider of your approved accommodation.

(3) Not to enter Otago as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.

(4) Not to enter or loiter near any school, early childhood education centre, park, library, swimming pool, other recreational facility, church, or other area specified in writing by a Probation Officer, unless you have the prior written approval of a Probation Officer, or unless an adult approved by a Probation Officer in writing, is present.

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

(6) 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.

(7) To be at your approved address between the hours of 10:00pm and 06:00am daily unless you have the prior written approval of a Probation Officer.

(8) To attend an alcohol and drug assessment, and attend, participate in and complete any treatment or counselling directed by a Probation Officer.

(9) To attend an assessment for a Child Sex Offender Maintenance Group, and attend, participate in and adhere to the rules of the programme/maintenance group as directed by a Probation Officer.

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

(11) To comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing in September 2022 at a time and place to be notified to you.

(12) To obtain the written approval of a Probation Officer before starting or changing your position and/or place of employment (including voluntary and unpaid work). To notify a Probation Officer if you leave your position of employment.

(13) 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.

(14) Not to have contact or otherwise associate, with a person under the age of 16 years, 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.

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

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

(17) Upon request, to make available to a Probation Officer, or his or her agent, all electronic devices capable of accessing the internet or capturing, storing, accessing or distributing images that is used by you, or is in your possession or control that is used by you, or is in your possession or control, for the purpose of monitoring your use of the device.

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