New Zealand Legislation: Acts

18 Conditions applying to release at statutory release date

• (1) An offender who is released under section 17 at the release date of a short-term sentence is, on release, subject to any release conditions imposed by the court on that sentence unless subsection (3) or section 19 applies.

  (2) If an offender is released under section 17 at the release date of a long-term sentence, the Board—

  • (a) must impose the standard release conditions for a period of 6 months from the offender's statutory release date; and

  • (b) may impose any special conditions for a period of up to 6 months from the offender's statutory release date.

  (2AA) Despite subsection (2)(a), if the Board imposes any special conditions on the offender that the Board considers incompatible with all or any of the standard release conditions, the Board may suspend the incompatible standard release conditions during the period in which those special conditions are in force, and time runs on the suspended conditions during that period.

  (2A) Subsection (2) applies to an offender in respect of whom an extended supervision order is made, in order to ensure that, if the offender is released early under section 52, he or she will be subject to release conditions before the extended supervision order comes into force.

  (3) If an offender who is subject to a long-term sentence is, while not on parole or compassionate release, sentenced within the year preceding his or her statutory release date to a short-term sentence whose release date is after that statutory release date, then, if the offender is released at the release date of the short-term sentence, that release date must be treated as if it were the release date of a long-term sentence.

  (4) A prisoner to whom section 179A of the Corrections Act 2004 applies—

  • (a) is not, during the period between the statutory release date and the date of actual release, subject to any release conditions that will apply on or after his or her statutory release date; but

  • (b) from the statutory release date the time begins to run on the prisoner’s release conditions.

  Compare: 1985 No 120 s 99

  Section 18(2AA): inserted, on 1 October 2007, by section 14 of the Parole Amendment Act 2007 (2007 No 28).

  Section 18(2A): inserted, on 7 July 2004, by section 7 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

  Section 18(4): added, on 3 April 2009, by section 37 of the Corrections Amendment Act 2009 (2009 No 3).