🏢 Government Inquiry into Tony Douglas Robertson’s Management Before and After His Release from Prison in 2013

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                    [0] => Government Inquiry into Tony Douglas Robertson’s management before and after his release from prison in 2013 was tasked with inquiring into, reporting upon, and making any recommendations it considered appropriate, into the management of Tony Douglas Robertson by the Department of Corrections and other State Sector agencies before and after his release from prison on 11 December 2013. Robertson murdered Blessie Gotingco on 25 May 2014.
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Under section 33(1) of the Inquiries Act 2013, the Government Inquiry into Tony Douglas Robertson’s management before and after his release from prison in 2013 is defined as a public office for the purposes of the Public Records Act 2005.

[custom2] =>
  1. Ministry of Justice website, http://www.justice.govt.nz/ (accessed 17 May 2016).
  2. New Zealand Gazette website, https://www.gazette.govt.nz/ (accessed 17 and 30 May 2016).
  3. The Official website of the New Zealand Government, https://www.beehive.govt.nz/ (accessed 17 and 29 May 2016).
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Establishment

The Government Inquiry into Tony Douglas Robertson’s Management Before and After His Release from Prison in 2013 was established by the Minister of Justice and the Minister of Corrections on 10 August 2015 pursuant to section 6(3) of the Inquiries Act 2013.1

Melwyn Purefoy Smith, CNZM, was appoint to the Inquiry.2

The Inquiry began considering evidence on 14 August 2015. The Ministry of Justice was responsible for administrative matters relating to the Inquiry.

On 11 December 2013, Robertson was released from prison on 6 months of standard and special release conditions after serving his full sentence of 8 years imprisonment for convictions relating to the abduction and indecent assault of a child, the attempted kidnapping of two other children, and assaulting a prison officer. On 25 May 2014, Robertson murdered Blessie Gotingco.

At its meetings on 3 and 10 August 2015, Cabinet:

  • agreed that a Government Inquiry be established under the Inquiries Act 2013 to inquire into the management of Mr Robertson by the Department of Corrections/State sector agencies before and after his release from prison;
  • agreed that the Minister of Justice and the Minister of Corrections be the appointing Ministers for the Inquiry.3

Background to the Inquiry4

On 25 May 2014, Robertson murdered Blessie Gotingco while subject to release conditions under section 18(2) of the Parole Act 2002. Given the public safety issues arising from Mr Robertson’s offending while subject to release conditions, the Inquiry was established to look into the management of Robertson before and after his release from prison, and to make recommendations arising from these matters.

Terms of Reference

The Inquiry was established to inquire into, report upon, and make any recommendations it considered appropriate relating to:

  • the management of Robertson by the Department of Corrections prior to his release from prison on 11 December 2013, including, but not limited to, the adequacy of: (i) the services and programmes offered to and delivered to Robertson (including, drug and alcohol, psychological and other rehabilitative interventions); and (ii) the release plan prepared for Mr Robertson;
  • the management of Robertson by the Department of Corrections following his release from prison on 11 December 2013, including, but not limited to, the adequacy of: (i) the supervision and monitoring of  Robertson, including his reporting requirements, home visits by probation staff, compliance with release conditions, and GPS [Global Positioning System] monitoring; (ii) the response to any breaches of release conditions; (iii) the services and programmes offered to and delivered to Robertson; (iv) compliance with mandatory and best practice standards for management of offenders having regard to Robertson’s release conditions; (v) risk assessment tools used by Corrections staff and their application to Robertson; (vi) liaison by Corrections staff with Police; (vii) the training of staff supervising high risk offenders in the community; (viii) the decisions relating to Robertson’s residential arrangements; and (ix) the decisions relating to the notification of nearby residents of Robertson’s background;
  • the actions or omissions of any other relevant State sector agencies (including Police) relating to Robertson’s offending following his release from prison, including his breaches of release conditions;
  • the adequacy of operational practices (including the management of electronic monitoring) relating to the release of prisoners who are assessed as posing a high risk of reoffending at their release date; and
  • any other matters relevant to the above matters, to the extent necessary to provide a complete report of these matters.

The Inquiry was able to be informed by any departmental or State services reviews that were undertaken into the management of Mr Robertson’s release (or related matters), including whether by specific public service departments or on a multi-agency basis.

Exclusions from the Inquiry

In accordance with section 11 of the Inquiries Act 2013, the Government Inquiry into Tony Douglas Robertson’s Management Before and After His Release from Prison in 2013 did not determine the civil, criminal, or disciplinary liability of any person.

Reporting

On establishment, the Inquiry was required to report its findings and opinions to the appointing Ministers in writing by 30 November 2015. The reporting date was extended on 17 November 2015 until 29 January 2016.5

The Inquiry presented its final report on 29 January 2016, but it was not released to the public until 17 May 2016 due to Robertson's appeal against his conviction and sentence.6

Footnotes:

  1. Establishment of the Inquiry into the Management of Tony Douglas Robertson by the Department of Corrections and Other State Sector Agencies Before and After His Release From Prison in 2013 - New Zealand Gazette, 13 August 2015, Issue 88, Notice No.2015-go4773, New Zealand Gazette website, https://gazette.govt.nz/notice/id/2015-go4773 (accessed 30 May 2016).
  2. Ibid.
  3. Ibid.
  4. Ibid.
  5. Amending a Notice—Establishment of the Inquiry into the Management of Tony Douglas Robertson by the Department of Corrections and Other State Sector Agencies Before and After His Release From Prison in 2013 - New Zealand Gazette, 26 November 2015, Issue 128, Notice No.2015-go6832, New Zealand Gazette website, https://gazette.govt.nz/notice/id/2015-go6832 (accessed 30 May 2016).
  6. Ministers release Robertson Inquiry report, 17 May 2016, The Official website of the New Zealand Government, https://www.beehive.govt.nz/release/ministers-release-robertson-inquiry-report (accessed 30 May 2016).

 

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Agency

AGOQ

2015 ‑ 2016

Central government

Establishment of the Inquiry into the Management of Tony Douglas Robertson by the Department of Corrections and Other State Sector Agencies Before and After His Release From Prison in 2013 (New Zealand Gazette, 13 August 2015, Issue 88, Notice No.2015-go4773)

Government Inquiry into Tony Douglas Robertson’s management before and after his release from prison in 2013 was tasked with inquiring into, reporting upon, and making any recommendations it considered appropriate, into the management of Tony Douglas Robertson by the Department of Corrections and other State Sector agencies before and after his release from prison on 11 December 2013. Robertson murdered Blessie Gotingco on 25 May 2014.

Wellington

Show History

Establishment

The Government Inquiry into Tony Douglas Robertson’s Management Before and After His Release from Prison in 2013 was established by the Minister of Justice and the Minister of Corrections on 10 August 2015 pursuant to section 6(3) of the Inquiries Act 2013.1

Melwyn Purefoy Smith, CNZM, was appoint to the Inquiry.2

The Inquiry began considering evidence on 14 August 2015. The Ministry of Justice was responsible for administrative matters relating to the Inquiry.

On 11 December 2013, Robertson was released from prison on 6 months of standard and special release conditions after serving his full sentence of 8 years imprisonment for convictions relating to the abduction and indecent assault of a child, the attempted kidnapping of two other children, and assaulting a prison officer. On 25 May 2014, Robertson murdered Blessie Gotingco.

At its meetings on 3 and 10 August 2015, Cabinet:

  • agreed that a Government Inquiry be established under the Inquiries Act 2013 to inquire into the management of Mr Robertson by the Department of Corrections/State sector agencies before and after his release from prison;
  • agreed that the Minister of Justice and the Minister of Corrections be the appointing Ministers for the Inquiry.3

Background to the Inquiry4

On 25 May 2014, Robertson murdered Blessie Gotingco while subject to release conditions under section 18(2) of the Parole Act 2002. Given the public safety issues arising from Mr Robertson’s offending while subject to release conditions, the Inquiry was established to look into the management of Robertson before and after his release from prison, and to make recommendations arising from these matters.

Terms of Reference

The Inquiry was established to inquire into, report upon, and make any recommendations it considered appropriate relating to:

  • the management of Robertson by the Department of Corrections prior to his release from prison on 11 December 2013, including, but not limited to, the adequacy of: (i) the services and programmes offered to and delivered to Robertson (including, drug and alcohol, psychological and other rehabilitative interventions); and (ii) the release plan prepared for Mr Robertson;
  • the management of Robertson by the Department of Corrections following his release from prison on 11 December 2013, including, but not limited to, the adequacy of: (i) the supervision and monitoring of  Robertson, including his reporting requirements, home visits by probation staff, compliance with release conditions, and GPS [Global Positioning System] monitoring; (ii) the response to any breaches of release conditions; (iii) the services and programmes offered to and delivered to Robertson; (iv) compliance with mandatory and best practice standards for management of offenders having regard to Robertson’s release conditions; (v) risk assessment tools used by Corrections staff and their application to Robertson; (vi) liaison by Corrections staff with Police; (vii) the training of staff supervising high risk offenders in the community; (viii) the decisions relating to Robertson’s residential arrangements; and (ix) the decisions relating to the notification of nearby residents of Robertson’s background;
  • the actions or omissions of any other relevant State sector agencies (including Police) relating to Robertson’s offending following his release from prison, including his breaches of release conditions;
  • the adequacy of operational practices (including the management of electronic monitoring) relating to the release of prisoners who are assessed as posing a high risk of reoffending at their release date; and
  • any other matters relevant to the above matters, to the extent necessary to provide a complete report of these matters.

The Inquiry was able to be informed by any departmental or State services reviews that were undertaken into the management of Mr Robertson’s release (or related matters), including whether by specific public service departments or on a multi-agency basis.

Exclusions from the Inquiry

In accordance with section 11 of the Inquiries Act 2013, the Government Inquiry into Tony Douglas Robertson’s Management Before and After His Release from Prison in 2013 did not determine the civil, criminal, or disciplinary liability of any person.

Reporting

On establishment, the Inquiry was required to report its findings and opinions to the appointing Ministers in writing by 30 November 2015. The reporting date was extended on 17 November 2015 until 29 January 2016.5

The Inquiry presented its final report on 29 January 2016, but it was not released to the public until 17 May 2016 due to Robertson's appeal against his conviction and sentence.6

Footnotes:

  1. Establishment of the Inquiry into the Management of Tony Douglas Robertson by the Department of Corrections and Other State Sector Agencies Before and After His Release From Prison in 2013 - New Zealand Gazette, 13 August 2015, Issue 88, Notice No.2015-go4773, New Zealand Gazette website, https://gazette.govt.nz/notice/id/2015-go4773 (accessed 30 May 2016).
  2. Ibid.
  3. Ibid.
  4. Ibid.
  5. Amending a Notice—Establishment of the Inquiry into the Management of Tony Douglas Robertson by the Department of Corrections and Other State Sector Agencies Before and After His Release From Prison in 2013 - New Zealand Gazette, 26 November 2015, Issue 128, Notice No.2015-go6832, New Zealand Gazette website, https://gazette.govt.nz/notice/id/2015-go6832 (accessed 30 May 2016).
  6. Ministers release Robertson Inquiry report, 17 May 2016, The Official website of the New Zealand Government, https://www.beehive.govt.nz/release/ministers-release-robertson-inquiry-report (accessed 30 May 2016).

Under section 33(1) of the Inquiries Act 2013, the Government Inquiry into Tony Douglas Robertson’s management before and after his release from prison in 2013 is defined as a public office for the purposes of the Public Records Act 2005.


  1. Ministry of Justice website, http://www.justice.govt.nz/ (accessed 17 May 2016).
  2. New Zealand Gazette website, https://www.gazette.govt.nz/ (accessed 17 and 30 May 2016).
  3. The Official website of the New Zealand Government, https://www.beehive.govt.nz/ (accessed 17 and 29 May 2016).



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