Parole Act 2002

Reprint as at 22 August 2017

Coat of Arms of New Zealand

Parole Act 2002

Public Act
 
2002 No 10
Date of assent
 
5 May 2002
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice and the Department of Corrections.

Contents

1Title
2Commencement
3Purpose
4Interpretation
4ATransitional, savings, and related provisions
5Act binds the Crown
6Overview of release
7Guiding principles
8Part applies to all offenders
9Application of Part to persons subject to term of imprisonment
10Application to offenders detained in hospital or secure facility
11Application of Part to offenders detained in social welfare residence
12This Part subject to other orders
13General rules about information to be given to offenders
13AAApplication for confidentiality order
13ABMaking of confidentiality order
13ACEffect of confidentiality order
13ADIf confidentiality order not made
13AEVariation or rescission of confidentiality order
13AProcedure of Board during epidemic
14Standard release conditions
14APurpose of collecting biometric information under section 14(1)(fb)
15Special conditions
15AElectronic monitoring
16Programmes
16AImposition, and effect, of drug or alcohol condition
16BOffender with drug or alcohol condition may be required to undergo testing or submit to continuous monitoring
16CHow notice of requirement to undergo testing or to submit to continuous monitoring may be given
16DWhere prescribed testing procedure may be carried out
16EInformation obtained from drug and alcohol testing or monitoring
17Release at statutory release date
18Conditions applying to release at statutory release date
19Special provision for offenders sentenced to short-term sentences while on parole
20Parole eligibility date
21Consideration for parole of offenders detained in prison
21ABoard must specify date by which offender must be further considered for parole
22Date of hearings
23No consideration for parole of offenders on compassionate release
24Consideration of offenders unlawfully at large when due to be considered for parole
25Early referral and consideration for parole
26Other times when Board may consider offenders for parole
27Board may make postponement order
27AProcedure for making postponement order
27BConsideration of offenders for parole during epidemic
28Direction for release on parole
29Standard release conditions
29AASpecial release conditions
29ARelease conditions for person to whom extended supervision order applies
29BBoard may monitor compliance with conditions
30Release conditions applying to offenders detained in hospital or secure facility who are released on parole
31When release conditions discharged or suspended
32When parole ends
33Residential restrictions
34Prior report on suitability of residential restrictions
35Residential restrictions only to be imposed if residence suitable and occupants consent
36Chief executive may approve alternative residence pending determination of application for variation of residential restrictions
37Expiry and revocation of direction for home detention [Repealed]
38Residential restrictions do not affect entitlements under Social Security Act 1964
39When detention conditions suspended or cancelled [Repealed]
40When home detention ends [Repealed]
40AApplications for home detention during epidemic [Repealed]
41Board may direct early release on compassionate grounds
42Application of procedures set out in sections 43 to 50
43Preparation for hearings
43AConsultation and disclosure necessary to provide reports
44Information for victims
45Decision on type of hearing [Repealed]
46Review of decision on type of hearing [Repealed]
47Interviews before hearings [Repealed]
48Unattended hearings [Repealed]
49Hearings
49AAdjournment to obtain further information
49BHearing to impose release conditions
50Decisions must be notified
50ASubmissions from, and interviews with, certain victims
50BDecisions to be notified to certain victims
51Date of release
52Release of offenders released at statutory release date
53Licence issued on release
54Police must be advised
55Offenders may be released early for deportation
55AImplementation of early release for deportation
55BOffenders released early remain offenders under New Zealand law
56Application for variation or discharge of conditions
56AApplication of section 56 during epidemic
57Procedure for determining applications
58Board determines application for variation or discharge
59Definition of recall application
60Making recall application
61Grounds for recall
62Making interim recall order
63What happens when interim recall order made
64What happens if no interim recall order made
65Procedure for determining recall applications
65AApplication of section 65 during epidemic
66Board may make final recall order
66AProtection of constables
67Review of decisions
68Appeal to High Court against postponement orders, section 107 orders, and final recall orders
69Procedure on appeal against postponement orders, section 107 orders, and final recall orders
70Powers of court on appeal
71Offence to breach conditions
71AOffences related to drug or alcohol conditions
72Offence to refuse entry to residence specified under residential restrictions
72AOffence to refuse authorised person entry for certain purposes related to continuous monitoring
73Arrest without warrant
73APower to enter premises to arrest
74Regulations
74ARules about drug and alcohol testing and monitoring
74BFurther provisions concerning rules about drug and alcohol testing and monitoring
74CAvailability of rules about drug and alcohol testing and monitoring, and status under Legislation Act 2012
75Cumulative sentences form notional single sentence
76General rules about start date of sentence of imprisonment
77Start date of notional single sentence
78Deferred start date
79Start date if later sentence replaces original sentence
80Start date after temporary surrender to New Zealand
81Start date of sentence of imprisonment when term imposed
82Sentence expiry date
83Sentence expiry date of pre-cd sentence
84Non-parole periods
85Pre-cd sentences do not have non-parole periods
86Release date of sentence
87Release date of pre-cd sentence
88Chief executive must determine key dates, etc
89Determining time served
90Period spent in pre-sentence detention deemed to be time served
91Meaning of pre-sentence detention
92Procedure for recording length of pre-sentence detention
93Definition of extradition offender and ICC offender and MACM offender
94Time ceases to run in certain circumstances
95Time on bail pending appeal does not count as time served
96Period between quashed sentence and new sentence does not count as time served
97Application of this Part to offenders subject to pre-cd sentences
98Transitional provisions for hearings within 3 months after commencement date
99Chief executive may exercise certain powers before commencement date
100Offenders subject to non-association orders
101Corrective training deemed to be short-term sentence
102Suspended sentences
103Purpose and effect of section 104
104Release at final release date
105Calculation of final release dates
106Variation and cancellation of final release dates
107Order that offender not be released
107AOverview of Part
107BMeaning of relevant offence, relevant sexual offence, and relevant violent offence
107CMeaning of eligible offender
107DMeaning of sentencing court
107EObligation to assess eligible offenders [Repealed]
107FChief executive may apply for extended supervision order
107FASentencing court may make interim supervision order
107GProcedure following application for extended supervision order
107GAAProcedure where hearing contingent on outcome of PPO application
107GAApplication of section 107G during epidemic
107HHearings relating to extended supervision orders
107ISentencing court may make extended supervision order
107IAAMatters court must be satisfied of when assessing risk
107IABChief executive may apply for imposition of intensive monitoring condition
107IACCourt may order imposition of intensive monitoring condition
107IACourt may impose special conditions on interim basis
107JConditions of extended supervision order
107JAStandard extended supervision conditions
107JBPurpose of collecting biometric information under section 107JA(1)(eb)
107KBoard may impose special conditions
107LCommencement and expiry of extended supervision order
107MSentencing court may cancel extended supervision order
107NExtension of short extended supervision order [Repealed]
107OBoard may vary conditions of extended supervision order
107PSuspension of conditions of extended supervision order
107QEffect of new sentence on offender subject to extended supervision order
107RAppeals against decisions of sentencing court
107RAReview by court
107RBBiennial review of high-impact conditions
107SReview of Board decisions
107TOffence to breach extended supervision order
107TAOffences related to drug or alcohol conditions
107URules about court practice and procedure
107VAdditional victim notification
107WInformation about victims not to be disclosed
107XApplication of Legal Services Act 2000
107ZAExtension of certain orders that are in force before this section comes into force
107ZBModification of conditions on extended supervision orders in force before this section comes into force
107YDefinitions [Repealed]
107ZApplications in respect of transitional eligible offenders to be made within first 6 months after commencement [Repealed]
108New Zealand Parole Board established
109Functions of Board
110Department of Corrections to provide administrative and training support to Board
111Membership of Board
112Chairperson of Board
113Delegation of chairperson’s functions, powers, and duties
114Panel convenors
115Parole panels
116Decisions of Board
117Information before Board
117ABoard may regulate own procedure
118Avoiding actual or perceived bias
118APower to summon witnesses
118BService of summons
118CProtection of witnesses
118DOffences
118EAttendance at hearings
119Annual report
120Term of appointment, and reappointment
121Members ceasing to hold office
122Remuneration and expenses of members
123Immunity of members
124Abolition of Parole Board and District Prisons Boards
125Acts amended
Reprint notes