New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 29 November 2010
| Public Act | 2002 No 10 |
| Date of assent | 5 May 2002 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice and the Department of Corrections.
Part 1
Parole and other release from detention
Subpart 1—Preliminary provisions relating to parole and other release from detention
8 Part applies to all offenders
9 Application of Part to persons subject to term of imprisonment
10 Application to offenders detained in hospital or secure facility
11 Application of Part to offenders detained in social welfare residence
12 This Part subject to other orders
13 General rules about information to be given to offenders
13AA Application for confidentiality order
13AB Making of confidentiality order
13AC Effect of confidentiality order
13AD If confidentiality order not made
13AE Variation or rescission of confidentiality order
13A Procedure of Board during epidemic
14 Standard release conditions
Release at statutory release date
17 Release at statutory release date
18 Conditions applying to release at statutory release date
19 Special provision for offenders sentenced to short-term sentences while on parole
21 Consideration for parole of offenders detained in prison
23 No consideration for parole of offenders on compassionate release
24 Consideration of offenders unlawfully at large when due to be considered for parole
25 Early referral and consideration for parole
26 Other times when Board may consider offenders for parole
27 Postponement of consideration for parole
27A Consideration of offenders for parole during epidemic
28 Direction for release on parole
29 Release conditions applying to parole
29A Release conditions for person to whom extended supervision order applies
29B Board may monitor compliance with conditions
30 Release conditions applying to offenders detained in hospital or secure facility who are released on parole
31 When release conditions discharged or suspended
34 Prior report on suitability of residential restrictions
35 Residential restrictions only to be imposed if residence suitable and occupants consent
36 Detention conditions [Repealed]
37 Expiry and revocation of direction for home detention [Repealed]
38 Residential restrictions do not affect entitlements under Social Security Act 1964
39 When detention conditions suspended or cancelled [Repealed]
40 When home detention ends [Repealed]
40A Applications for home detention during epidemic [Repealed]
41 Board may direct early release on compassionate grounds
Procedures for certain hearings
42 Application of procedures set out in sections 43 to 50
43A Consultation and disclosure necessary to provide reports
45 Decision on type of hearing
46 Review of decision on type of hearing
47 Interviews of offender before hearings
50A Submissions from, and interviews with, certain victims
50B Decisions to be notified to certain victims
52 Release of offenders released at statutory release date
55 Offenders may be released early for deportation
55A Implementation of early release for deportation
55B Offenders released early remain offenders under New Zealand law
Variation and discharge of conditions
56 Application for variation or discharge of conditions
56A Application of section 56 during epidemic
57 Procedure for determining applications
58 Board determines application for variation or discharge
59 Definition of recall application
62 Making interim recall order
63 What happens when interim recall order made
64 What happens if no interim recall order made
65 Procedure for determining recall applications
65A Application of section 65 during epidemic
66 Board may make final recall order
Reviews and appeals from decisions
68 Appeal to High Court against postponement orders, section 107 orders, and final recall orders
69 Procedure on appeal against postponement orders, section 107 orders, and final recall orders
71 Offence to breach conditions
72 Offence to refuse entry to residence specified under residential restrictions
73A Power to enter premises to arrest
Subpart 3—Sentence calculation
75 Cumulative sentences form notional single sentence
Start date of sentence of imprisonment
76 General rules about start date of sentence of imprisonment
77 Start date of notional single sentence
79 Start date if later sentence replaces original sentence
80 Start date after temporary surrender to New Zealand
81 Start date of sentence of imprisonment when term imposed
83 Sentence expiry date of pre-cd sentence
85 Pre-cd sentences do not have non-parole periods
87 Release date of pre-cd sentence
88 Chief executive must determine key dates, etc
Determining how much time has been served
90 Period spent in pre-sentence detention deemed to be time served
91 Meaning of pre-sentence detention
92 Procedure for recording length of pre-sentence detention
93 Definition of extradition offender and ICC offender and MACM offender
94 Time ceases to run in certain circumstances
95 Time on bail pending appeal does not count as time served
96 Period between quashed sentence and new sentence does not count as time served
Subpart 4—Transitional arrangements for offenders subject to pre-cd sentences
97 Application of this Part to offenders subject to pre-cd sentences
98 Transitional provisions for hearings within 3 months after commencement date
99 Chief executive may exercise certain powers before commencement date
100 Offenders subject to non-association orders
101 Corrective training deemed to be short-term sentence
103 Purpose and effect of section 104
104 Release at final release date
105 Calculation of final release dates
106 Variation and cancellation of final release dates
107 Order that offender not be released
Part 1A
Extended supervision orders
107B Meaning of relevant offence
107C Meaning of eligible offender
107D Meaning of sentencing court
107E Obligation to assess eligible offenders
Application for, and making of extended supervision orders
107F Chief executive may apply for extended supervision order
107G Procedure following application for extended supervision order
107GA Application of section 107G during epidemic
107H Hearings relating to extended supervision orders
107I Sentencing court may make extended supervision order
107IA Court may impose special conditions on interim basis
Nature of extended supervision order
107J Conditions of extended supervision order
107JA Standard extended supervision conditions
107K Board may impose special conditions
107L Commencement and expiry of extended supervision order
Cancellation, extension, variation, and suspension of extended supervision orders or conditions
107M Sentencing court may cancel extended supervision order
107N Extension of short extended supervision order
107O Board may vary conditions of extended supervision order
107P Suspension of conditions of extended supervision order
107Q Effect of new sentence on offender subject to extended supervision order
107R Appeals against decisions of sentencing court
107S Review of Board decisions
107T Offence to breach extended supervision order
107U Rules about court practice and procedure
107V Additional victim notification
107W Information about victims not to be disclosed
107X Application of Legal Services Act 2000
107Z Applications in respect of transitional eligible offenders to be made within first 6 months after commencement
Part 2
New Zealand Parole Board and amendments to other enactments relating to parole and release generally
108 New Zealand Parole Board established
110 Department of Corrections to provide administrative and training support to Board
113 Delegation of chairperson's functions, powers, and duties
How Board performs its functions
117A Board may regulate own procedure
118 Avoiding actual or perceived bias
118A Power to summon witnesses
General provisions about Board and members
120 Term of appointment, and reappointment
121 Members ceasing to hold office
122 Remuneration and expenses of members
124 Abolition of Parole Board and District Prisons Boards
