New Zealand Parole Board -

Application for recall

Under section 60(2) of the Parole Act 2002

and

Parole Hearing

Under section 21(2) of the Parole Act 2002

between

[withheld]

Applicant

and

Samuel TRANTER

Respondent

Hearing: 30 April 2025

at Manawatu Prison

via MS Teams

Date of decision:  2 May 2025

Members of the Board:

Mr N. Trendle – Panel Convenor

Mr S. Perry

Mr A. Hackney

Counsel:

Ms J. Fyfe for Respondent

Mr B. Vanderkolk for Applicant

Attendees: [withheld] – Probation Officer

[withheld] – Service Manager

Support People: [withheld]

DECISION OF THE BOARD

1. Samuel Tranter is serving a sentence of 12 years imprisonment for serious sexual offending against five teenage girls under the age of 16.  He was also convicted of blackmail, obstructing justice, and possession of objectionable publications.  His statutory release date is 3 February 2031.  He was released on parole on 27 November 2024 with standard and special conditions in force until his statutory release date.
2. On 9 April 2025 his Probation Officer, [withheld], applied to the Board for his recall to prison to continue serving that sentence on the ground that he breached his release conditions.  Mr Tranter was represented at the hearing by his counsel, Ms Fyfe.  Mr Vanderkolk appeared in support of the application.  Both counsel had helpfully filed written submissions prior to the hearing.
3. The application for Mr Tranter’s recall tended to focus on three areas where it was submitted he had breached his release conditions.  The first concerned several visits he had made to what was described as a “petting zoo”.  Secondly, he undertook a delivery of water to a private address and denied having done so to his Probation Officer.  Thirdly, after receiving a written warning, he went to a water bore in [withheld] and thereafter to a number of houses in the area.
4. For Mr Tranter, Ms Fyfe conceded that he had misled his Probation Officer with respect to a delivery of water to a private address.  She submitted, however, that a ground of breach of his release conditions had not been established.  There was a lack of clarity in the directions he was receiving from his Probation Officer and he had done his best to comply with the condition that precluded him from having contact with children under the age of 16.
5. Mr Tranter was supported at the hearing by [withheld].
6. At the outset Mr Tranter acknowledged to the Board that he had lied to his Probation Officer about the delivery of water to a private address as he feared that he would be recalled to prison if he had told her what he had done.  That delivery preceded the warning letter that he was given on 3 March 2025 which precluded any further deliveries.
7. In his view he had not breached a condition with respect to visiting a petting zoo.  He initially told his probation officer that he did not realise the property was a petting zoo.  [withheld].  Moreover, there was no sign referring to the next-door property as a petting zoo.  If he had been aware that it was a place where children under 16 may have visited, he would have automatically left the area and told his Probation Officer.  Finally, with respect to house deliveries he said that he had been accompanied by [withheld] and at no stage did he come into contact with children under 16.
8. In closing Mr Vanderkolk pointed to the breach of conditions, particularly with respect to Mr Tranter’s travelling to a water bore in [withheld] and going to various addresses in the locality thereafter.  He emphasised the concern by Mr Tranter’s Probation Officer that the concerns referred to had arisen within a relatively short time of his release from prison.
9. Ms Fyfe, in her closing submissions, emphasised that [withheld].  There was no signage or other visible signs that indicated the presence of a petting zoo nor were there signs of children under 16 being present.  She referred to notes of a meeting with Mr Tranter’s employer [withheld] he was working for where concerns were raised with what Mr Tranter could and could not do.  He was, however, to commence a new job shortly, involving [withheld].  That employment proposal did not raise the difficulties of definition that Mr Tranter had experienced with Community Corrections prior to his recall.
10. Despite Mr Tranter’s insistence that he was proactive in dealing with situations where he may have come into contact with children under 16, he acknowledged lying to his Probation Officer with respect to a water delivery in February.  Although he referred to areas where he had difficulty understanding the interpretation of his conditions by his Probation Officer it seemed to us that he was not engaging in an open and constructive way as the Board would have expected of a person in his position.  We did not find his explanation for truck deliveries where he was supported by [withheld] at all satisfactory.
11. When we consider the information before us concerning his actions and his approach towards his supervision by Community Corrections over the four months since his release from prison, we accept the submissions made on behalf of the applicant that Mr Tranter put himself in situations that involved risk of direct, unsupervised contact with children under the age of 16.  His reliance on a lack of clarity around what he could and could not do, or where he should or should not go, in the Board’s view tended to obfuscate issues of personal responsibility.  We are quite satisfied that the ground of undue risk is made out and the nature of the incidents referred to sufficiently raised safety concerns that we are unable to exercise our discretion in his favour.  A final recall order is made.
12. We nevertheless accept Ms Fyfe’s submission that arising from his recall Mr Tranter will have gained a deeper understanding of his obligations on parole, and in particular, the importance of open and honest engagement with his probation officer.    There remains a very significant period that he will be subject to parole conditions. We note he is to commence new employment that also carries the potential for risk.  Although we do not at this point see the need to change his release conditions, apart from a minor amendment to the condition with respect to areas where children gather, we think it is important to reset the clock so far as the Board’s ability to monitor Mr Tranter’s compliance is concerned.  We do that by reimposing the condition requiring him to attend monitoring hearings pursuant to section 29B(1) of the Parole Act for 12 months from the date of his release.
13. Having regard to the impact of his recall to prison and the extension of the time he will be subject to the Board’s oversight, we are satisfied that his risk to the safety of the community (more particularly to girls under the age of 16) can be managed in the community.  Accordingly, we will direct his release on parole on Monday 5 May 2025.
14. Thereafter, he will be subject to standard conditions and the special conditions set out below, including the monitoring hearing condition which will operate for 12 months from 5 May 2025.  He will continue to be subject to drug and alcohol testing.  He will be seen by the Board for the first of the monitoring hearings in September this year.  For that hearing we request a report from his Probation Officer as to his compliance with his conditions and his progress on parole.
15. His special conditions are as follows:

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

(3) 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 where children under 16 gather, unless you have the prior written approval of a Probation Officer, or unless an adult approved by a Probation Officer in writing, is present.

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

(5) 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.

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

(7) To attend, participate in and complete the Community Support programme as directed by a Probation Officer.

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

(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).

(10) To notify a Probation Officer if you leave your position of employment.

(11) 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.

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

(13) Not to use or possess any device capable of accessing the internet unless you are under the direct supervision of an adult approved in writing by a Probation Officer, or unless you have the prior written approval of a Probation Officer.

(14) 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 your use of the device.

(15) To attend a reintegration meeting as directed by a Probation Officer.

(16) To comply with any direction to attend a monitoring hearing at a time and place to be notified to you.