New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Nathan Reihana AICKEN

Hearing: 15 March 2024

at Otago Corrections Facility via MS Teams

Members of the Board:

Sir Ron Young - Chairperson

Dr J Ioane

Ms F Pimm

Prof P Brinded

Counsel: Ms S Saunderson-Warner

In Attendance: [withheld] - Case Manager

Support Persons: [withheld]

DECISION OF THE BOARD

1. Mr Aicken is 54 years of age, he was sent to life imprisonment for murder in 1990.  Subsequently he has been convicted of threatening language in 2008, wilful damage and male assaults female and 2009, intimidation in 2017, and assaulting a person in the family relationship in 2024.  Prior to that he had three pages of convictions including property offending, breaches of court orders and some violence.
2. An application for recall was made in September 2023.  The allegations were that Mr Aicken had assaulted [withheld].  [withheld].  There had been a previous incident when there had conflict.  [withheld].  No injuries occurred but it was inherently a very serious thing for him.  [withheld].
3. We said to Mr Aicken that our preliminary view of the circumstances was that we preferred him to complete further one-on-one work with a psychologist within prison before any release.  The alternative suggested in the psychological report is that work could be done in the community.
4. After a long talk with Mr Aicken, we came to understand that behind the assault was a long build-up of frustration and inability by Mr Aicken to really understand the issues he was facing and a lack of strategies to deal with that and a lack of understanding of [withheld] situation and how he could help.
5. We stressed to Mr Aicken that no matter what the use of physical violence was never acceptable [withheld].
6. Other than this serious event, Mr Aicken seems recently to have done well on parole.  He has good rental accommodation.  He has got good support and positive relationships with his neighbours and his landlady.
7. We have decided after our discussions with Mr Aicken that he can be released on parole on the basis that our expectation is that he will undertake one-on-one work with a psychologist as identified in the psychological report urgently.
8. There are two things that Mr Aiken wants help with which we think will be very important for him.  The first is to help him more generally in relationships.  That has been his downfall in the past.  Secondly, and just as importantly if not more importantly, is helping him develop the skills to have a positive relationship with [withheld].  We think that work should be done as soon as possible and then Mr Aicken can work with his lawyer, his Probation Officer and others to try and repair the fractured relationship with [withheld].  [withheld].  He must work hard to try and create ways in which he can have a good relationship with [withheld].  We consider Mr Aicken understood that and committed himself to the hard work that will be required.
9. So we will release him on parole on 3 April.  The special conditions set out in the parole assessment report we apply with the following amendments.  Firstly, relating to the obligation to undertake psychological counselling, we delete the current proposed condition. The special condition should be that Mr Aicken is to attend and participate in psychological counselling as directed by the Parole Board.  That is to commence as soon as possible and we directed that should occur.  It is clear from the psychological report that is what the psychologist identified as needed and it is clear that Mr Aicken is motivated. This work needs to begin to repair the relationship with [withheld]. We stress the urgency of that attention [withheld].
10. [withheld]
11. Secondly, we add an obligation on Mr Aicken to advise his Probation Officer if he enters into an intimate relationship. Given the difficulties Mr Aicken has had over the years with relationships, we think that will be very important to have a Probation Officer having oversight.
12. Finally, we will see him on a monitoring hearing by the end of October 2024 with a hope that he is well into the work with his psychologist.
13. All of the conditions will be for life, but we will reassess their timeliness at our next monitoring hearing.
14. The Special Conditions are:

(1) To attend and participate in psychological counselling as directed by the Parole Board.

(2) To reside at [withheld] Dunedin, 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.

(3) 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.

(4) In October 2024, to comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing at a time and place to be notified to you.

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