New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Niklas GEBHARDT

Hearing: 25 March 2025

At Christchurch Mens Prison via MS Teams

Members of the Board:

Sir Ron Young – Chairperson

Dr G Coyle

Mr A Hackney

Dr B Leslie

Counsel:  Ms K Basire

In Attendance: [withheld] - Case Manager

Support Persons: [withheld]

DECISION OF THE BOARD

1. Mr Gebhardt is 35 years of age and was sentenced to four years and three months’ imprisonment for manslaughter.  He had one conviction for indecent exposure in 2020 at about the same time.  That arose when he was unwell and went to the prison without any clothes asking that they arrest him.
2. This is a tragic case.  Mr Gebhardt had his young child in the back of his car.  He drove at very high speeds to an intersection with an advisory speed limit of 25 kilometres per hour.  He drove off the sealed road, 24 metres through the air and hit a tree.  The car caught fire and Mr Gebhardt had suffered burns to 30% of his body and his young child died in the car accident.
3. He pleaded guilty to manslaughter.  Initially he was sentenced on the basis of inferences that he had crashed deliberately, but the Court of Appeal said that the Crown did not have sufficient evidence to justify that inference and the sentencing was not based on deliberate intent.  The sentence as a result was reduced.
4. Mr Gebhardt’s RoC*RoI is 0.19, his ASRS -3, both of which are extremely low.  The Court of Appeal had the benefit of a psychological assessment and a consultant psychiatric report.  These reports have been made available to the Board.  In addition we have a psychological report from Corrections.  All in all it seems clear that the reports have a common approach to risk.  Mr Gebhardt is assessed at being a low risk of reoffending.
5. We talked to him about the accident.  He says he has no memory of the crash. [withheld].
6. When we spoke to Mr Gebhardt about the circumstances of the killing, he tended to revert to an explanation of a possible mechanical fault that caused him to drive in the way he did. There is no evidence to support that claim, and the manslaughter conviction is on the basis of grossly irresponsible driving.  Mr Gebhardt will clearly have to come to terms that it was his irresponsible driving which caused the death of his young child.
7. Because of his very low risk of general and violent reoffending, no current treatment is required.  We agree with that assessment.  He has a very supportive family.  He understands that he will not be able to drive for at least 18 months after any release.  He has good other professional support in the community.  He can take up grief counselling if he thinks that is necessary and we think it will be important. [withheld]. Community Probation should be ready to support him at that time should any concern arise.  He seems to have the prospect of employment. His proposed release is to [withheld].
8. One thing we have mentioned to him will be the importance of him having a media strategy.  It may well be that on release he is subject to media inquiry and understanding exactly what he is going to do and how he is going to react to media enquiries will in our view be important.
9. So, he will be released on 15 April 2025, we being satisfied he is no longer an undue risk.  We do not think any monitoring hearing is required.  His special conditions set out in the parole assessment report are appropriate with the following additions or changes:

(1) The curfew will be for a period of three months from his release date and it will be electronically monitored.

(2) The whereabouts will restrict him going [withheld] to protect the victims. We do not think the whereabouts condition needs to be electronically monitored.  We are confident in our conclusion that he will not breach that condition.

(3) Finally, we would encourage him to complete a safe driving course when he has his licence returned.

(4) The special conditions will apply for 6 months beyond his sentence end date.

10. The Special Conditions are:

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

(2) For three months from release, to comply with the requirements of partial residential restrictions and remain in the area defined by a Probation Officer at [withheld], between the hours of 10pm and 6am daily unless you leave the residence:

(a) to seek urgent medical or dental treatment;

(b) to avoid or minimise a serious risk of death or injury to you or any other person;

(c) for humanitarian reasons approved by a Probation Officer; or

(d) with the prior written approval of a Probation Officer in order to:

(i) comply with any special conditions;

(ii) seek or engage in employment; or

(iii) to attend training or other rehabilitative or reintegrative activities or programmes.

(3) For three months from release, to submit to electronic monitoring as directed by a probation officer, in order to monitor your compliance with any conditions relating to your residential restrictions.

(4) For three months from release, to comply with the requirements of electronic monitoring and provide access to the specified residence to the Probation Officer and representatives of the monitoring company, for the purpose of maintaining their electronic monitoring equipment as directed by the Probation Officer.

(5) Upon expiry of the residential restrictions condition, you must reside at an address approved in writing by a Probation Officer.

(6) To attend an assessment for a Departmental programme/maintenance group, and attend, participate in and adhere to the rules of the programme/maintenance group as directed by a Probation Officer.

(7) Not to enter [withheld] as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.

(8) 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.

(9) 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.

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

(11) Not to have any children, under the age of 14, left under your sole supervision and care at any time, unless you have the prior written approval of a Probation Officer is recommended.

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

Sir Ron Young

Chairperson