New Zealand Legislation: Acts

20 Parole eligibility date

• (1) The parole eligibility date of an offender who is subject only to 1 or more sentences imposed on or after the commencement date is the date on which the offender—

  • (a) has finished serving the non-parole period of every long-term sentence to which he or she is subject; and

  • (b) has passed the release date of every short-term sentence to which he or she is subject.

  (2) The parole eligibility date of an offender who is subject only to 1 or more pre-cd sentences is the later of—

  • (a) his or her parole eligibility date as determined under sections 89 and 92 of the Criminal Justice Act 1985; and

  • (b) if the offender does not have a parole eligibility date under those sections, his or her final release date as determined under section 91 of the Criminal Justice Act 1985.

  (3) The parole eligibility date of an offender who is concurrently subject to both 1 or more pre-cd sentences and to 1 or more sentences imposed after the commencement date is the later of—

  • (a) the offender's parole eligibility date as it would be under subsection (1) if he or she were subject only to the sentence or sentences imposed after the commencement date; and

  • (b) the offender's parole eligibility date as it would be under subsection (2) if he or she were subject only to the pre-cd sentence or sentences.

  (4) Despite anything in this section, an offender who is subject only to 1 or more short-term sentences does not have a parole eligibility date (unless the short-term sentences are cumulative and form a long-term notional single sentence, in which case subsection (1) applies to the notional single sentence and the offender will have a parole eligibility date under that subsection).

  (5) If an offender is required, by an order under section 86C(4) or 86D(3) of the Sentencing Act 2002, to serve a sentence without parole, the offender—

  • (a) does not have a parole eligibility date in respect of the sentence; and

  • (b) may not be released on parole in respect of that sentence.

  (6) If an offender is required, by an order under section 86E(2) or 103(2A) of the Sentencing Act 2002, to serve a sentence of imprisonment for life without parole, the offender may not be released on parole.

  (7) This subsection applies to an offender who is subject to a sentence (sentence A) in respect of which an order under section 86C(4) or 86D(3) of the Sentencing Act 2002 has been made and who is also subject to 1 or more other sentences (sentence B) in respect of which no such order has been made.

  (8) For the purpose of determining the parole eligibility date (if any) of sentence B of an offender to whom subsection (7) applies, the full term of sentence A must be treated as the non-parole period of sentence A.

  Compare: 1985 No 120 s 92(7), (8), (9)

  Section 20(5): added, on 1 June 2010, by section 15 of the Sentencing and Parole Reform Act 2010 (2010 No 33).

  Section 20(6): added, on 1 June 2010, by section 15 of the Sentencing and Parole Reform Act 2010 (2010 No 33).

  Section 20(7): added, on 1 June 2010, by section 15 of the Sentencing and Parole Reform Act 2010 (2010 No 33).

  Section 20(8): added, on 1 June 2010, by section 15 of the Sentencing and Parole Reform Act 2010 (2010 No 33).