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

William Allister GRACE

Respondent

Hearing: 09 May 2025

at [withheld]

via MS Teams

Members of the Board:

Ms S. Bailey – Panel Convenor

SAM Perry

Mr C. King

Counsel: Ms H. Kim for Respondent

Ms C. Paterson for Applicant

Attendees: [withheld] – Senior Practitioner

[withheld] – Service Manager

Support People: [withheld]

DECISION OF THE BOARD

1. William Grace appears for a recall hearing.  Mr Grace is serving a sentence of two and a half years imprisonment after a conviction was entered to manslaughter.  The offending resulted in the death of a young man after Mr Grace and co-offenders had assaulted the victim and then had held onto him, while he was driven outside their vehicle.  He fell from the vehicle and the rear wheel of the vehicle ran over his body and head and he died a couple of days later.
2. Mr Grace was released on 20 January 2025.  He was released with a number of conditions including not to consume illicit drugs.  An interim recall application was made however he was not remanded in custody.  The interim recall was made on the basis that he had tested positive for cocaine.  When considering the interim recall the Convenor determined that, because there was no link to the offending with the use of alcohol or drugs, it did not cross the threshold of him being an undue risk to remain in the community in the interim.
3. The interim application outlined that Mr Grace had tested positive for cocaine and had at the time given the explanation that he had not consumed the drug and his drink must have been spiked.
4. In other respects the application advised the Board that Mr Grace has been compliant with his conditions and there have been no other outstanding issues.
5. [withheld].
6. Ms Paterson appeared on behalf of the Department today and made verbal submissions to the Board.  She submitted that this breach indicated that Mr Grace was now an undue risk and submitted that recall will be appropriate.  She outlined previous matters which had been raised at sentencing such as that he was considered a high risk of harm because of the nature and seriousness of the offending.  She emphasised that attitude and associations were important factors to keep Mr Grace’s risk in check.  She further submitted that he had only been on parole for a few weeks before this breach arose.
7. Mr Grace spoke with the Board.   [withheld].  Today Mr Grace admitted to using cocaine.  He said he had told his Probation Officer that his drink had been spiked and that he had not consumed the drug.  Today was the first time his Probation Officer heard him admit to the use of cocaine.
8. His lawyer, Ms Kim, who was present at the hearing, had also forwarded written submissions to the hearing.  She submitted that Mr Grace did not need to be recalled considering the circumstances of this offending.  She asked the Board to consider the positive reports that had been made on his behalf.  She also noted that he had undertaken several drug tests during March/April 2025 and they have been clean.  She submitted that he has been referred to alcohol and drug counselling and that he has undertaken several sessions which have now been completed.   She confirmed his living situation [withheld] and that he has part time employment.  [withheld].
9. As already mentioned, Mr Grace acknowledged his use of cocaine.  He said he had not advised his Probation Officer.  Ms Kim advised the Board that she had told Mr Grace to leave that revelation to this hearing time.
10. Mr Grace realises he is treading on thin ice by breaching a release condition so soon after release.  [withheld].
11. His Probation Officer generally spoke well of Mr Grace.  She was disappointed with him for not telling the truth with respect to the consumption of the cocaine.  She said she very much works on a trust model and up to that time had worked well with Mr Grace.  She confirmed that in all other ways he was doing well and considered him to be manageable in the community.  She said that the service will look at a possible change of address for Mr Grace [withheld].  This will be left to Corrections to determine.
12. The Board have given careful consideration to Mr Grace’s position.  It is considered appropriate to make the recall.  The criteria for recall has been made out with Mr Grace’s own acknowledgement that he blatantly breached a release condition by consuming cocaine.  However, the Board will release Mr Grace as it believed he can remain in the community without posing an undue risk to public safety at this time.  It appears to have been a timely lesson for Mr Grace, that is to the importance of adhering to his conditions.  He has been warned that further breaches may not result in the same outcome.
13. The conditions as outlined will all remain in place except there will be a change to the monitoring hearing month.  Prior to this recall hearing Mr Grace was due to appear for a progress hearing in June 2025.  He will now appear in September 2025.
14. The Special Conditions are

(1) To comply with the requirements of partial residential restrictions and remain in the area defined by a Probation Officer at [withheld – Auckland Region], between the hours of 10:00pm and 6:00am daily unless you leave the residence:

(i) to seek urgent medical or dental treatment;

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

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

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

1. comply with any special conditions;
2. seek or engage in employment; or
3. to attend training or other rehabilitative or reintegrative activities or programmes.

(2) Upon expiry of the residential restrictions condition, you are to reside at an 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) 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, to maintain the electronic monitoring equipment as directed by the Probation Officer.

(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 enter South Auckland (line drawn east-west across Auckland Harbour on the southern edge of that harbour) as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.

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

(7) Not to drive a motor vehicle unless you are lawfully entitled to do so.

(8) Not to communicate or associate with your co-offender, namely Ms Kaiya Shute, directly or indirectly, unless you have the prior written approval of a Probation Officer.

(9) 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.

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

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

(12) Not to have contact or otherwise associate, with any victim of your offending (including family members of the victim), [including previous offending] directly or indirectly, unless you have the prior written approval of a Probation Officer.

(13) In September 2025, to comply with any direction to attend a monitoring hearing at a time and place to be notified to you.