New Zealand Legislation: Acts

19 Special provision for offenders sentenced to short-term sentences while on parole

• (1) If an offender who is on parole is sentenced to a concurrent short-term sentence whose release date is before the offender's statutory release date, then (provided the offender is not recalled) the offender must be released from detention on the release date of the short-term sentence.

  (2) If subsection (1) applies except that the offender is subject to more than 1 short-term sentence, the offender must be released on the release date of the short-term sentence (including any short-term notional single sentence) that has the latest release date.

  (3) To avoid doubt, subsection (2) does not apply in respect of any short-term sentences that are imposed cumulatively if the resulting notional single sentence is a long-term sentence.

  (4) If an offender is released in accordance with subsection (1) or subsection (2),—

  • (a) the offender is released on parole under section 28 and the Board must impose release conditions under section 29 accordingly; but

  • (b) the actual date of release is determined under sections 51(2) and 52 as if the offender were being released at his or her statutory release date.

  (5) If for any reason an offender is released in accordance with subsection (1) or subsection (2) before the Board has imposed release conditions as required by subsection (4)(a), then,—

  • (a) if the offender was, at the start date of the sentence (or earliest applicable sentence), subject to any release conditions, the Board is deemed to have reimposed those release conditions for the remainder of the period for which they were originally imposed; and

  • (b) if the offender was not, at the start date of the sentence (or earliest applicable sentence), subject to release conditions, the offender is not subject to release conditions when he or she is released under subsection (1) or subsection (2).