Parole Act 2002

4 Interpretation

(1)

In this Act, unless the context otherwise requires,—

biometric information has the same meaning as in section 2(1) of the Customs and Excise Act 1996

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

bodily sample, for a person, means—

(a)

a sample of the person’s blood, breath, hair, or urine; or

(b)

any other sample of a similar kind from the person

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

controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975

determinate sentence means a sentence of imprisonment for a fixed term

drug or alcohol condition means a special condition of parole, a special condition on release under section 17 at the release date of a long-term sentence, or a condition of an extended supervision order—

(a)

that is imposed under section 15(3)(ba), 18(2)(b), or 107K(1); and

(b)

that prohibits an offender from doing 1 or more of the following:

(i)

using (as defined in this section) a controlled drug:

(ii)

using a psychoactive substance:

(iii)

consuming alcohol

drug or alcohol monitoring device means a device, connected to a person’s body, that is able to detect the presence in the person’s body of 1 or more of the following:

(a)

a controlled drug used by the person:

(b)

a psychoactive substance used by the person:

(c)

alcohol consumed by the person

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

intensive monitoring condition means the special condition described in section 107IAC(2)

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

medical laboratory technologist means a health practitioner who is, or is deemed to be, registered with the Medical Sciences Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical laboratory science

medical officer means—

(a)

a person acting in a hospital who, in the normal course of the person’s duties, takes blood specimens; or

(b)

a nurse; or

(c)

a medical laboratory technologist

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

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)

nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions

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

psychoactive substance has the same meaning as in section 9 of the Psychoactive Substances Act 2013

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)

relevant activity is an activity or a programme for the rehabilitation or reintegration of offenders that is specified by the Board under section 21A

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

(b)

does not include a sentence of imprisonment imposed under the Armed Forces Discipline Act 1971, except in section 55

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)

testing of a person for a controlled drug, a psychoactive substance, or alcohol includes, without limitation, the person’s permitting the collection for analysis of a bodily sample

using, in relation to a controlled drug and a person, excludes the person using the controlled drug as a prescription medication in accordance with section 8(2)(c) or (d) of the Misuse of Drugs Act 1975

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 address, under section 32B 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) biometric information: inserted, on 22 August 2017, by section 50 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42).

Section 4(1) bodily sample: inserted, on 15 May 2017, by section 4 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).

Section 4(1) controlled drug: inserted, on 15 May 2017, by section 4 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).

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) drug or alcohol condition: inserted, on 15 May 2017, by section 4 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).

Section 4(1) drug or alcohol monitoring device: inserted, on 15 May 2017, by section 4 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).

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) intensive monitoring condition: inserted, on 12 December 2014, by section 4 of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Section 4(1) medical laboratory technologist: inserted, on 15 May 2017, by section 4 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).

Section 4(1) medical officer: inserted, on 15 May 2017, by section 4 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).

Section 4(1) medical practitioner: inserted, on 15 May 2017, by section 4 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).

Section 4(1) nurse: inserted, on 15 May 2017, by section 4 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).

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) psychoactive substance: inserted, on 15 May 2017, by section 4 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).

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

Section 4(1) relevant activity: inserted, on 2 September 2015, by section 4 of the Parole Amendment Act 2015 (2015 No 4).

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) testing: inserted, on 15 May 2017, by section 4 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).

Section 4(1) using: inserted, on 15 May 2017, by section 4 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).

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 6 December 2014, by section 4 of the Parole Amendment Act 2014 (2014 No 37).

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