New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Blair Wiremu TAMIHANA

Hearing: 26 January 2023

at Rolleston Prison via MS Teams

Members of the Board:

Ms S Bailey – Panel Convenor

Ms C Tiumalu

Mr L Tawera

Counsel:  Mr A Greaves

In Attendance:  [withheld] – Case Manager (CMP)

Support Persons: [withheld]

DECISION OF THE BOARD

1. Blair Wiremu Tamihana appears before the Board for a further consideration of parole or the setting of release conditions.  Mr Tamihana is serving a sentence of three years and eight months’ imprisonment after convictions were entered for attempting to murder and then a breach of release conditions while on parole.
2. Mr Tamihana last appeared before the Board in August 2022 when it was determined that individual psychological sessions would be of advantage to him and also for him to have time to present another release proposal.  This was after he had been recalled in April 2022 for breaching his conditions.
3. Mr Tamihana received a good PAR, and he is working well within the unit.  He has completed a DTP and has now just commenced his one-to-one psychological sessions.  Mr Tamihana advised the Board that he had met with a psychologist for an introductory session two weeks ago and had had his first real session a few days ago.  These sessions will continue with Mr Tamihana for as long as the psychologist sees fit  while he is in prison and, possibly, in the community.
4. Mr Tamihana has an approved address with his mother.  Further he has confirmation from [withheld] that he will be offered wraparound support in the community from that service on an outpatient basis.
5. Mr Tamihana spoke with the Board today and appears to be very focused on getting his life on the right track this time round.
6. Mr Tamihana’s lawyer, Mr Greaves, appeared for him today and told the Board that Mr Tamihana was seeking release.  Mr Greaves acknowledged that there has been some delay with engaging with the psychologist, but those sessions have at last begun prior to release.
7. Mr Greaves also said that Mr Tamihana accepts responsibility for his slipping up when he was last released and incurred the two breaches of his release conditions.  Mr Greaves did note that there had been no further offending on those occasions.  Mr Greaves further noted that Mr Greaves has a very supportive mother and he will be residing with her.
8. Mr Tamihana told the Board that he was very comfortable with the psychologist and had a good rapport with her.  He said he felt like he was being heard for the first time and wants to continue with her in the community which will be accommodated if further sessions are considered necessary.
9. Mr Tamihana also said that he would engage with other support services including [withheld].
10. Mr Tamihana was asked about future contact with his ex-partner, and he said not at all.  He said when he breached his conditions on his prior release, he needed to clear up some issues for his own mental health and wanted to talk to her in respect of this.  He now appreciates that he is satisfied with that last contact and has no future desire to contact her and appreciates he now has too much to lose if he does so.
11. Mr Tamihana told the Board that he keenly felt he had missed on his own teenage children [withheld].  He told the Board that he has regular phone contact with them and has a good relationship with them. He is looking forward to release and reengaging with them.
12. Mr Tamihana is presently in the Rolleston Prison after asking to be transferred from Christchurch because of what he called a “few hard times in the Christchurch unit”.  Rather than be confrontational he requested a move to remove himself from any potential risky situations. This is a good indication he is applying a different mindset to difficult issues as compared to previously.
13. His Case Manager told the Board that Mr Tamihana, as [withheld], has now been referred to [withheld].  He will be assigned [withheld] from that organisation to arrange ongoing support from [withheld] in the community.  A referral was made and has been accepted to that service which also provides professional specialists to help [withheld] participants.  Contact with the service will be made before release and he will engage with these services on release if he wishes to do so.
14. His PCO said there had been no issues in the unit with Mr Tamihana.  His mother was also in attendance at the hearing, and she remains supportive of him and told the Board that she will be very grateful when he returns home as she needs him back home.
15. In consideration of everything that was heard before the Board today it is now considered that Mr Tamihana does not present an undue risk and will be admitted to parole.  His release date will be 15 February 2023.  The release conditions will all apply as outlined in the PAR with one addition.  There will be a whereabouts condition added which is not to enter the West Coast region (this appears to have been overlooked as the EM conditions are for this purpose). These conditions will apply for six months after his sentence end date.
16. The Special Conditions are:

(1) To submit to electronic monitoring as directed by a probation officer in order to monitor your compliance with any conditions relating to your whereabouts.

(2) 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.

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

(4) Upon release from Prison, to travel to [withheld], Christchurch, and await the arrival of a Probation Officer and a representative from the monitoring company.

(5) To reside at [withheld], Christchurch, 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.

(6) 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.

(7) To attend a psychological assessment and attend, participate in and complete any recommended treatment as directed by 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) Not to possess, use, or consume alcohol, controlled drugs or psychoactive substances except controlled drugs prescribed for you by a health professional.

(10) 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.

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

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