There were six young victims between 1997 and 2008. The Parole Board said the rape offence was “especially humiliating”.
Hartley, who had served a previous sentence for sexual offending in the 1990s, was initially given an open-ended prison sentence of preventive detention in 2012, but that was reduced on appeal to 14 years.
He left prison in August last year after serving his full term, but was then placed on an interim supervision order imposed by the High Court.
In April this year, he was placed under a 10-year extended supervision order (ESO). Such orders are used to supervise people considered high-risk after their release from prison.
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Hartley’s ESO imposes strict conditions, including a 24-hour curfew for the first 12 months, electronic monitoring and restricted access to the internet – the means by which he contacted his young victims in the past.
Hartley has also been directed “not to enter or loiter near” any place where people under 16 years old are congregating, and he has to stay away from schools, early childhood centres, parks, libraries, swimming pools and churches.
He is required to live at an approved address in Taranaki.
Continues to deny offending
Despite all this, Hartley continues to deny his offending – even to the point of trying to take an appeal against his convictions all the way to the Supreme Court, years after they were imposed and continuing beyond his release from jail.
The Supreme Court turned him down last month, saying the 10-year delay in making the appeal was “inordinate” and it did not see any risk that a miscarriage of justice had occurred.
Hartley’s case was considered by the Parole Board in June, when it imposed the conditions of his ESO.
Lawyers for the Department of Corrections told the board Hartley remained untreated for his harmful sexual behaviour and had failed to engage adequately in safety planning.
However, the Parole Board noted he had recently engaged with a psychologist with a view to developing such a plan – the first indication he was taking greater personal responsibility in managing his risk.
“It is of fundamental significance to his safe return to the community that Mr Hartley completes that work and develops a robust safety plan, albeit from a denier’s perspective,” the Parole Board report said.
“We accept the view that without developing his insight into his risk to children under 16 years of age in the community, his risk of reoffending will remain very high.”
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Under the terms of his ESO, Hartley will be on a 24-hour curfew until April 13, 2026.
After that, he will have to be at home between 8pm and 6am every night, and submit to electronic monitoring if a probation officer deems it necessary.
He cannot consume alcohol or non-prescription drugs and cannot enter Wellington, Porirua and Manawatū.
He also cannot possess any device capable of accessing the internet or capturing, recording or storing images or video without supervision.
He will be required to disclose to his probation officer if he is in any intimate relationship.
Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined NZME’s Open Justice team in 2022 and is based in Hawke’s Bay. His writing in the crime and justice sphere is informed by four years of frontline experience as a probation officer.
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