New Zealand Legislation: Acts

25 Early referral and consideration for parole

• (1) The chairperson may, in exceptional circumstances, refer an offender who has not yet reached his or her parole eligibility date for consideration by the Board for parole.

  (2) A referral under this section must be in writing and set out the reasons why the chairperson is making the referral.

  (3) The Minister of Justice may designate a class of offenders who have not yet reached their parole eligibility dates for early consideration by the Board for parole.

  (4) The Board must, as soon as practicable, consider for parole any offender referred to it under subsection (1) and every offender belonging to a class designated under subsection (3).

  (5) Despite subsection (4), the Board may not consider under this section an offender who is subject to any of the following orders:

  • (a) an order made under section 80 or section 105 of the Criminal Justice Act 1985:

  • (b) an order made under section 86, section 89, or section 103 of the Sentencing Act 2002:

  • (c) an order made under section 107.

  (6) The Board may direct the release on parole of an offender considered under this section if—

  • (a) the Board is satisfied on reasonable grounds that the offender, if released on parole, will not pose an undue risk to the safety of the community or any person or class of persons within the term of the sentence, having regard to the matters set out in section 28(2)(a) and (b); and

  • (b) in the Board's opinion, the interests of justice require that the offender be released before his or her parole eligibility date.

  (7) An offender released on parole under this section is to be treated for all purposes as an offender released on parole under section 28(1).

  Compare: 1985 No 120 ss 97(5)–(9), 100(5)–(9)