Child Sex Offenders, Determining Accommodation Suitability

If the offender has ever been convicted of a child sex offence, or an offence involving child abuse or neglect, then additional checks and enquiries must be carried out to determine the suitability of the proposed accommodation.

Where the accommodation is being assessed for home detention, community detention or residential restrictions, the relevant electronic monitoring address and occupant checks must also be completed.

Relevant occupants 

The following table outlines who should be classified as relevant occupants when considering a variety of accommodation.

Note: If the probation officer is unsure, they should discuss the proposed relevant occupants with a service manager.

Note: If considering any other type of accommodation consult the service manager, and then if still unsure contact the area manager or the operations helpdesk.

Conducting enquiries 

The probation officer should canvass with the offender:

• visiting the proposed accommodation
• meeting with the relevant occupants
• disclosing the nature of their offending to all occupants
• making enquiries with the police
• making enquiries with CYF
• making any other enquiries considered necessary.

Note: The offender should always be encouraged to disclose the nature of their offending to the occupants themselves.

The probation officer should canvass with the occupants:

• undertaking Ministry of Justice criminal history checks
• making enquiries with the police
• making enquiries with CYF
• making any other enquiries considered necessary.

Should the offender or any occupant object to the probation officer undertaking the above enquiries, then, after consultation with the service manager, the probation officer may:

• undertake enquiries without consent, where it is considered appropriate under Information Privacy Principles 2 or 11 of the Privacy Act 1993
• undertake enquiries without consent, where it is considered appropriate under the CSO Information Sharing Agreement
• deem the address unsuitable and direct the offender, in writing, to not reside at the address.

Checking the location  

Before visiting the address, check proximity to victim/s (VNR check, police summaries of fact).

During a visit to the address, gather the following information:

• description of physical address
• proximity to schools, pre-schools, kindergartens, kohanga reo
• proximity to playgrounds/parks, public swimming pools, churches thoroughfares or residences with young families, shared driveways or facilities, and other places frequented by children.

Assessing the suitability of the location 

When assessing the suitability of the accommodation, consider any risks presented by the location given the offender's pattern of offending and risk factors.

If you have concerns about the suitability of the location, or the address is within 500m of schools, kindergartens, playgrounds or parks, and no alternative accommodation is available, discuss with your service manager and the CPPS psychologist to determine the suitability of the address.

Checking the occupants 

From an interview with the occupants and other enquiries, gather the following information:

• names and dates of birth of all occupants
• whether all occupants agree to the offender living with them
• whether all occupants are aware of the nature of the offender’s criminal history
• the attitude of all occupants to the offending
• the criminal history of all occupants (Ministry of Justice checks)
• any evidence of children under 16 years residing at the address
• whether any children under 16 years visit the address
• whether the occupants have any relationship to the victim(s) 
• whether the neighbours are aware of the offending
• whether there may be any negative community reaction
• any Police concerns or frequent call-outs to the address
• any CYF concerns about the proposed occupants
• any concerns from other agencies involved such as mental health teams.

Note: The offender should not be present when interviewing the occupants. The probation officer should be alert for any sign that the occupants feel pressured to consent to the offender residing at the address.

Assessing the suitability of the occupants  

When assessing the suitability of the proposed accommodation, consider any risks presented by the proposed occupants given the offender's pattern of offending and risk factors.

Also take into account whether any agencies such as the police, CYF or mental health teams have expressed any concerns about the proposed address.

If you have concerns about the suitability of the proposed occupants, and no alternative accommodation is available, discuss with your service manager and the CPPS psychologist to determine the suitability of the proposed accommodation.

Living with children 

Child sex offenders are rarely permitted to live with children under 16 years.

If exceptional circumstances exist, then:

• discuss the circumstances with the relevant psychologist
• make detailed enquiries with CYF
• seek area manager approval for the offender to reside at the address.

If the offender is residing with children under 16 years without area manager approval:

• notify CYF immediately
• direct the offender in writing to no longer reside at the address
• take appropriate enforcement action
• seek an arrest without warrant where there is significant ongoing risk.

Determining overall accommodation suitability 

When determining the overall suitability of the proposed accommodation, the probation officer should consider if:

• the location of the proposed accommodation is suitable
• the proposed occupants are suitable
• any other concerns or risks have been identified.

If you have concerns about the suitability of the proposed accommodation discuss with your service manager and the CPPS psychologist to determine the suitability of the proposal and either:

• take steps to mitigate risks presented by the proposal
• deem the accommodation unsuitable, and direct the offender, in writing, not to reside there and support the offender to find more suitable accommodation. 

Accommodation suitability and notifying specified individuals

Where the offender is to be considered for CSO notification, the suitability of the accommodation should be determined before deciding whether or not to notify specified individuals.

Confirmation of suitable accommodation may reduce the need to notify specified individuals. However, notification of specified individuals should not result in otherwise unsuitable accommodation being deemed suitable. 

Reference: Volume 4, Part I, Chapter 14 Notifying Specified Individuals about Child Sex Offenders

Working with offenders to find suitable accommodation

If the offender is homeless, transient, or has proposed unsuitable accommodation, discuss accommodation options with the offender, using problem solving skills to work through issues.

Consider a referral to Housing New Zealand, a supported accommodation provider or Prisoners Aid and Rehabilitation Services (PARS) to work with the offender to secure suitable accommodation.

Note: Emergency accommodation can be made available in exceptional circumstances. This should be discussed with the service manager who will obtain both area/regional approval.

Ongoing monitoring of accommodation suitability

The probation officer should maintain regular communication with the occupants in case there is any change to the:

• occupants residing at the address
• occupants’ agreeing to the offender residing at the address
• dynamics of the household or related dynamic risk factors
• neighbouring environment such as new families, schools or park areas.

The probation officer should consider any changes to the accommodation and how they impact on overall suitability.