Parole Act 2002 No 10 (as at 04 April 2009), Public Act

4 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    Board means the New Zealand Parole Board established under section 108; and includes a panel of the Board, a panel convenor, and the chairperson acting within their respective jurisdictions

    chairperson means the chairperson of the Board appointed under section 112

    chief executive means the chief executive of the Department of Corrections

    commencement date means the date specified in section 2(1)

    compassionate release means release under section 41

    determinate sentence means a sentence of imprisonment for a fixed term

    epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006 stating that the application of this Act is modified in order to deal with the practical effects of the outbreak of the disease referred to in the notice

    extended supervision order means an order made under section 107I

    final recall order means a final recall order made under section 66

    final release date means the final release date of a pre-cd sentence, or the final release date of an offender who is subject to a pre-cd sentence, as determined under Parts 4 and 6 of the Criminal Justice Act 1985 and varied (if applicable) under section 106 of this Act

    hospital means a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992

    indeterminate sentence means a sentence of imprisonment that is imprisonment for life or preventive detention

    interim recall order means an interim recall order made under section 62

    key date, in relation to a sentence of imprisonment, means the start date, sentence expiry date, and release date of the sentence

    long-term sentence means a sentence of imprisonment that is—

    • (a) a determinate sentence of more than 24 months imposed on or after the commencement date; or

    • (b) a notional single sentence of more than 24 months; or

    • (c) an indeterminate sentence imposed before, on, or after the commencement date; or

    • (d) in the case of a pre-cd sentence, a sentence of more than 12 months

    non-parole period means the term within, or proportion of, a long-term sentence during which the offender who is subject to the sentence is not eligible to be released on parole from the sentence

    non-release day means a Thursday, a Friday, a Saturday, a Sunday, Christmas Day, Boxing Day, New Year's Day, the second day of January, Waitangi Day, Easter Monday, Anzac Day, the Sovereign's birthday, Labour Day, and, in respect of release from a particular place, the anniversary day of the region in which that place is situated

    notional single sentence means the notional single sentence of imprisonment that is created when one determinate sentence is directed to be served cumulatively on another determinate sentence (see section 75)

    parole eligibility date means the date on and after which an offender who is subject to 1 or more long-term sentences of imprisonment is eligible to be released on parole (see section 20)

    postponement order means an order made under section 27 that postpones the date of an offender's next parole hearing

    pre-cd sentence means a sentence of imprisonment that is imposed before the commencement date

    prison means a prison established or deemed to be established under the Corrections Act 2004

    release conditions means the standard release conditions and any special conditions imposed by the Board or the sentencing court and that apply to an offender released from detention

    release date means, in relation to a determinate sentence of imprisonment, the date on which the offender who is subject to the sentence ceases to be liable to be recalled to continue serving that sentence in a prison (see sections 86 and 87)

    residential restrictions means the special conditions described in section 33

    secure facility means a secure facility within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

    sentence expiry date means the date on which the offender who is subject to the sentence has served its full term and therefore ceases to be subject to it (see sections 82 and 83)

    sentence of imprisonment

    • (a) includes, in relation to a pre-cd sentence, preventive detention and corrective training; but

    short-term sentence means a sentence of imprisonment that is—

    • (a) a determinate sentence of 24 months or less imposed on or after the commencement date; or

    • (b) a notional single sentence of 24 months or less; or

    • (c) in the case of a pre-cd sentence, a sentence of 12 months or less

    special conditions means conditions of a type referred to in section 15(3), and includes residential restrictions

    standard extended supervision conditions means the standard extended supervision conditions set out in section 107JA

    standard release conditions means the standard conditions of release set out in section 14

    start date, in relation to a sentence of imprisonment, means the date on and from which an offender who is subject to the sentence begins to be subject to it (see sections 76 to 81)

    statutory release date means the date on which an offender who is subject to 1 or more sentences of imprisonment—

    • (a) must be released from detention (see section 17); and

    • (b) ceases to be liable to be recalled to continue serving any sentence in a prison (see sections 59 to 66)

    variation, in relation to the variation by the Board of release conditions, includes the suspension and addition of conditions, and the variation of their duration

    victim means (unless provided otherwise), in relation to an offender, a person who has asked for notice or advice and copies, and has given his or her current address, under section 31 of the Victims' Rights Act 2002.

    (2) In this Act, a reference to section 2 of the Criminal Justice Act 1985, or to Part 4 or Part 6 (or any provision within those Parts) of the Criminal Justice Act 1985, is a reference to that section, Part, or provision as it was immediately before the commencement date.

    Section 4(1) detention conditions: repealed, on 1 October 2007, by section 4(4) of the Parole Amendment Act 2007 (2007 No 28).

    Section 4(1) epidemic management notice: inserted, on 19 December 2006, by section 4 of the Parole Amendment Act 2006 (2006 No 88).

    Section 4(1) extended supervision order: inserted, on 7 July 2004, by section 3 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

    Section 4(1) home detention: repealed, on 1 October 2007, by section 4(4) of the Parole Amendment Act 2007 (2007 No 28).

    Section 4(1) penal institution: repealed, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 4(1) prison: inserted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 4(1) release date: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 4(1) residential restrictions: inserted, on 1 October 2007, by section 4(2) of the Parole Amendment Act 2007 (2007 No 28).

    Section 4(1) secure facility: inserted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

    Section 4(1) special conditions: amended, on 1 October 2007, by section 4(5) of the Parole Amendment Act 2007 (2007 No 28).

    Section 4(1) standard detention conditions: repealed, on 1 October 2007, by section 4(4) of the Parole Amendment Act 2007 (2007 No 28).

    Section 4(1) standard extended supervision conditions: inserted, on 1 October 2007, by section 4(2) of the Parole Amendment Act 2007 (2007 No 28).

    Section 4(1) statutory release date paragraph (b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 4(1) variation: amended, on 1 October 2007, by section 4(6) of the Parole Amendment Act 2007 (2007 No 28).

    Section 4(1) victim: amended, on 17 December 2002, by section 53 of the Victims' Rights Act 2002 (2002 No 39).