Dispute over monitoring for 80-year-old sex offender

80-year-old registered sex offender Mason Makatea-Durie appeared in the High Court in Wellington on Monday. Photo / Mark Mitchell.

A man with a history of child sex offending and impersonating police officers is now likely to receive increased monitoring by the Department of Corrections.

But Mason Makatea-Durie's age, at 80 years old, has led to a High Court battle over whether the monitoring lasts for two or 10 years.

The Department of Corrections wants the maximum monitoring term of 10 years, after Makatea-Durie repeatedly breached release conditions.

The breaches include impersonating a police officer in November, when he tried to convince a woman to pull down her top.

GPS tracking also recorded Makatea-Durie at a Wellington school on a Saturday, for which he received a warning.

There was also a recorded breach when he sat in a McDonald's restaurant for 90 minutes.

Psychologist Andre Fourie, who has been involved with Makatea-Durie's treatment, told the High Court in Wellington yesterday that there seemed to be a testing of the boundaries.

"So soon after release, it could be that he was testing the GPS monitoring.

"He might not have been sure how accurate the monitoring hardware is. Or he could have been unsure about his conditions.

"Or he may have been watching the children there. But I can't say that for sure."

Fourie said that the recommendation for the maximum length was based on Makatea-Durie's offending pattern.

Most sexual offenders had a lower risk as they got older, but Makatea-Durie "bucked the trend".

"For this smaller cohort of men, it's the way that they ingrain themselves in families and create an opportunity.

"If we look at Mr Makatea-Durie's previous offending, how he befriended a family, almost became an uncle within the family, and gained their trust.

"Those are some of the factors I've considered."

But defence lawyer Nick Chisnall said Makatea-Durie's treatment was part of what created his risk of reoffending.

Makatea-Durie was "exited" from group therapy treatment, as he was considered disruptive.

In 2015 there was a recommendation that he get one-on-one psychological counselling.

But he didn't receive that personalised treatment while Corrections was working on the application for the extended supervision order.

Chisnall said a shorter supervision order would place a burden on the Department to ensure Makatea-Durie received treatment.

He argued it would also be more appropriate considering Makatea-Durie's age.

"We are potentially talking about imposing a penalty that will see out his life.

"That needs to be fairly and squarely addressed, and it hasn't."

Crown lawyer Sally Carter argued that although Makatea-Durie was getting older, there were no signs of ill health, or anything else that would reduce his risk of reoffending.

But Nicholas Lascelles, a psychologist asked to give evidence by the defence, said there were good reasons to suggest a two-year term.

"The key change I see over the next 10 years is his health status.

"It's reasonable to expect his health will deteriorate over the next 10 years.

"I said two years [supervision] to reflect that uncertainty."

Extended supervision orders are used to monitor and manage long-term risks by high-risk offenders who are back in the community.

They are designed to ensure the offender stays visible to relevant agencies, so that any risk is quickly identified and managed.

Justice Rebecca Ellis has reserved her decision.