The purpose of this Act is to reform the law relating to the release from detention of offenders serving sentences of imprisonment, and to replace the provisions of Parts 4 and 6 of the Criminal Justice Act 1985.

(1) In this Act, unless the context otherwise requires,—

(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.

This Act binds the Crown.

(1) This section is intended to give a broad overview of how and when offenders are released from detention. It does not confer rights or impose obligations and, if there is an inconsistency between this section and any other, the other section prevails.

(2) Unless an offender has been released earlier under this Part, he or she must be released from detention on his or her statutory release date, and after that is no longer subject to recall. However, offenders may be subject to release conditions after their statutory release date.

(3) This subpart provides for 2 types of early release from a prison—

• (a) parole:

• (b) compassionate release.

(4) Parole has the following characteristics:

• (a) it is available only to an offender who is subject to a long-term sentence:

• (b) it is granted by the Board, which also imposes release conditions:

• (c) an offender on parole from a determinate sentence is subject to recall at any time until his or her statutory release date:

• (d) an offender on parole from an indeterminate sentence is subject to recall for life.

(5) [Repealed]

(6) Compassionate release has the following characteristics:

• (a) it may be granted by the Board in either of 2 specific circumstances:

• (b) the Board may impose release conditions, and may recall the offender.

(1) When making decisions about, or in any way relating to, the release of an offender, the paramount consideration for the Board in every case is the safety of the community.

(2) Other principles that must guide the Board's decisions are—

• (a) that offenders must not be detained any longer than is consistent with the safety of the community, and that they must not be subject to release conditions that are more onerous, or last longer, than is consistent with the safety of the community; and

• (b) that offenders must, subject to any of sections 13 to 13AE, be provided with information about decisions that concern them, and be advised how they may participate in decision-making that directly concerns them; and

• (c) that decisions must be made on the basis of all the relevant information that is available to the Board at the time; and

• (d) that the rights of victims (as defined in section 4 of the Victims' Rights Act 2002) are upheld, and submissions by victims (as so defined) and any restorative justice outcomes are given due weight.

(3) When any person is required under this Part to assess whether an offender poses an undue risk, the person must consider both—

• (a) the likelihood of further offending; and

• (b) the nature and seriousness of any likely subsequent offending.

(1) This Part applies to all offenders who are subject to a sentence of imprisonment, including (without limitation) offenders who, on the commencement date, are subject to a pre-cd sentence and who (for instance)—

• (a) are eligible for parole; or

• (b) are to be released under section 104 at their final release date; or

• (c) are under consideration for release on parole; or

• (d) are on parole or have been given early release under section 94 of the Criminal Justice Act 1985; or

• (e) are subject to an application for a recall order, or to an interim recall order or a recall order.

(2) Every decision about, or in any way relating to, the release of an offender that is made after the commencement date must be made under this Part unless specifically provided otherwise.

(3) This Part does not in itself affect the validity of any decision made under Parts 4 or 6 of the Criminal Justice Act 1985 about, or in any way relating to, the release of an offender.

(1) Unless specifically provided otherwise, this Part applies to every person who is subject to a term of imprisonment (whether by committal, sentence, or order) for non-payment of a fine or other sum of money, disobedience of a court order, or contempt of court, as if—

• (a) every reference to a sentence of imprisonment included a reference to a term of imprisonment; and

• (b) every reference to an offender included a reference to a person who is subject to a term of imprisonment.

(2) However, in relation to an offender who is subject to a term of imprisonment for non-payment of a fine or other sum of money, this Part is subject to section 19E of the Crimes Act 1961 and to section 91(1) and (5) of the Summary Proceedings Act 1957.

(1) This section applies to an offender who is detained in, or on leave from, a hospital or secure facility and who is liable to be detained—

• (a) in the hospital following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or under an arrangement under section 46 of that Act; or

• (b) in the secure facility following an application under section 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; or

• (c) in the hospital or the secure facility under an order under section 34(1)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

(2) An offender to whom this section applies must be treated for the purposes of this Part and Part 1A as if he or she were detained in a prison, and a reference to an offender detained in a prison is a reference to an offender detained in, or on leave from, a hospital or, as the case requires, a secure facility.

(3) However, nothing in subsection (2) derogates from any provision that applies specifically to offenders to whom this section applies, and the Board and the chief executive may make special arrangements for such offenders.

(4) When an offender to whom this section applies is released under this Part, he or she must be treated in accordance with section 48(3) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or, as the case requires, section 69(3) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

This Part applies to every offender detained under section 142A of the Criminal Justice Act 1985 in a residence approved for the purpose of that section as if the offender were detained in a prison, and a reference to an offender detained in a prison is a reference to an offender detained in such a residence.

For the avoidance of doubt, a requirement in this Part that an offender be released from detention at a certain time is subject to any order of a court or other authority of competent jurisdiction that the offender be detained.

(1) The Board must take all reasonable steps to ensure that the information received by the Board on which it will make any decision relating to an offender is made available to the offender—

• (a) at least 5 working days before the relevant hearing; or

• (b) if that is not possible, as soon as practicable before the hearing.

(2) Despite subsection (1), the Board must ensure that—

• (a) no information is given to the offender that discloses the address or contact details of any victim (as defined in section 4 of the Victims' Rights Act 2002) of the offender; and

• (b) if any written submissions by a victim (as so defined) or any victim impact statements are shown to an offender, they are not retained by the offender.

(3) Despite subsection (1), the Board may, in exceptional circumstances, order that any information referred to in that subsection not be made available to an offender if, in the opinion of the relevant panel convenor, it would prejudice the mental or physical health of the offender, or endanger the safety of any person.

(4) Subsections (2) and (3) apply despite anything in the Official Information Act 1982 or the Privacy Act 1993.

(5) Information withheld under subsection (3) may be provided to the offender's counsel.

(5A) Subsection (1) does not apply to any information that may not be disclosed under a confidentiality order made under section 13AB.

(6) Information provided or shown to an offender under this section must be used only for the purpose of assisting the offender to make submissions to the Board.

(7) The Board must give a written copy of every order or determination to the offender who is the subject of the order or determination, along with information about how the offender may exercise any review or appeal rights that he or she has in relation to the order or determination.

(8) Any person who publishes information provided under this section in a form that identifies, or enables the identification of, a victim (as defined in section 4 of the Victims' Rights Act 2002) commits an offence and is liable on summary conviction to,—

• (a) in the case of an individual, a term of imprisonment not exceeding 3 months or a fine not exceeding $2,000; and

• (b) in the case of a body corporate, a fine not exceeding $10,000.

(1) The Commissioner of Police or the chief executive may apply to the chairperson or to a panel convenor for an order under section 13AB (in this section and in sections 13AB to 13AE called a confidentiality order).

(2) Despite any other enactment, the power conferred by subsection (1) may not be delegated.

(3) Every application under subsection (1) must be supported by an affidavit sworn by the applicant.

(1) The chairperson or a panel convenor may make a confidentiality order if satisfied—

• (a) that the information for which confidentiality is sought is relevant to a current matter concerning an offender; and

• (b) that disclosure of the information may—

  • (i) endanger the safety of the person who is the source of the information or of any other person; or

  • (ii) prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial.

(2) The order must identify the information that is to be kept confidential, and may do so by reference to 1 or more documents.

(3) The order may—

• (a) forbid the disclosure or publication of the information to any person other than—

  • (i) the members of the Board involved in considering and determining the current matter; and

  • (ii) any officials specified in the order by name or position, being officials who require access to the information to perform their functions in relation to the Board's determination of the current matter or the implementation of that determination:

• (b) forbid the disclosure or publication (other than to the persons mentioned in paragraph (a)) of any particulars that identify, or may lead to the identification of, any person who is the source of the information:

• (c) require the members of the Board involved in considering and determining the current matter to receive the information in the absence of any person other than—

  • (i) any officials who are permitted access to the information under paragraph (a)(ii) and whose presence the members consider necessary; and

  • (ii) if the members receive the oral evidence of the person who is the source of the information, that person.

(4) To avoid doubt, anything that may not be disclosed or published under a confidentiality order may not be disclosed—

• (a) to the offender; or

• (b) to the offender's counsel or other representative of the offender.

(5) The chairperson or the panel convenor who makes the confidentiality order must give the order and the information to which it relates to the members of the Board who will determine the current matter.

(6) In this section and in section 13AC, current matter, in relation to an offender, means a matter concerning the offender that is before the Board or is expected to come before the Board.

(1) A person commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, or to imprisonment for a term not exceeding 3 months, or to both, who intentionally contravenes a confidentiality order.

(2) Despite any other enactment, the Board may hear a person whose identity may not be disclosed under a confidentiality order only if it is satisfied that procedures are in place to ensure that the hearing will not result in the disclosure of the person's identity to any person who is not, in terms of the order, permitted to have access to that information.

(3) In any court proceeding that relates to the confidentiality order or to the related current matter, a person whose identity may not be disclosed under a confidentiality order has a privilege in information that discloses, or may lead to the disclosure of, the person's identity.

(4) This section has effect despite anything in section 13 or 65, the Official Information Act 1982, or the Privacy Act 1993.

(1) If the chairperson or a panel convenor refuses to make a confidentiality order, he or she—

• (a) must return to the applicant all documents constituting or relating to the application for the order; and

• (b) must not disclose to any person, or give any person access to, any matter relating to the application.

(2) This section has effect despite anything in section 13 or 65, the Official Information Act 1982, or the Privacy Act 1993.

The chairperson or a panel convenor may, on the application of the person who applied for a confidentiality order or on the application of that person's successor in office, vary or rescind the order if satisfied that, because of a change in circumstances, the variation is necessary or, as the case requires, the order is no longer necessary.

(1) While an epidemic management notice is in force, any decision or action that may or must be made or taken by the Board under this Act may, if the chairperson or a panel convenor is satisfied that it is desirable,—

• (a) be made or taken by the Board on the basis of documents only, without the presence or submission of any person who would otherwise have the right to be present or make a submission; or

• (b) be made or taken by the chairperson or the panel convenor, acting alone, either—

  • (i) in the usual way; or

  • (ii) on the basis of documents only, without the presence or submission of any person who would otherwise have the right to be present or make a submission.

(2) Subsection (1) overrides every provision of this Act to the contrary.

(3) The taking of a decision in accordance with subsection (1) is not an unattended hearing; and the provisions of this Act relating to unattended hearings (or to decisions on whether a hearing will be unattended or attended) do not apply to it.

(4) If the notice applies to only stated parts of New Zealand, subsections (1) to (3) apply within those parts only.

(1) An offender who is subject to the standard release conditions must comply with the following conditions:

• (a) the offender must report in person to a probation officer in the probation area in which the offender resides as soon as practicable, and not later than 72 hours, after release:

• (b) the offender must report to a probation officer as and when required to do so by a probation officer, and must notify the probation officer of his or her residential address and the nature and place of his or her employment when asked to do so:

• (c) the offender must not move to a new residential address in another probation area without the prior written consent of the probation officer:

• (d) if consent is given under paragraph (c), the offender must report in person to a probation officer in the new probation area in which the offender is to reside as soon as practicable, and not later than 72 hours, after the offender's arrival in the new area:

• (e) if an offender intends to change his or her residential address within a probation area, the offender must give the probation officer reasonable notice before moving from his or her residential address (unless notification is impossible in the circumstances) and must advise the probation officer of the new address:

• (f) the offender must not reside at any address at which a probation officer has directed the offender not to reside:

• (g) the offender must not engage, or continue to engage, in any employment or occupation in which the probation officer has directed the offender not to engage or continue to engage:

• (h) the offender must not associate with any specified person, or with persons of any specified class, with whom the probation officer has, in writing, directed the offender not to associate:

• (i) the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer.

(2) [Repealed]

(3) In this section, probation area means an area designated by the chief executive for the administration of release conditions, community-based sentences, sentences of home detention (including post-detention conditions), or orders.

(1) If the Board imposes standard release conditions on an offender, the Board may (subject to subsections (2) and (4)) impose any 1 or more special conditions on the offender.

(2) A special condition must not be imposed unless it is designed to—

• (a) reduce the risk of reoffending by the offender; or

• (b) facilitate or promote the rehabilitation and reintegration of the offender; or

• (c) provide for the reasonable concerns of victims of the offender.

(3) The kinds of conditions that may be imposed as a special condition include, without limitation,—

• (a) conditions relating to the offender's place of residence (which may include a condition that the offender reside at a particular place), or his or her finances or earnings:

• (ab) residential restrictions:

• (b) conditions requiring the offender to participate in a programme (as defined in section 16) to reduce the risk of further offending by the offender through the rehabilitation and reintegration of the offender:

• (c) conditions that the offender not associate with any person, persons, or class of persons:

• (d) conditions requiring the offender to take prescription medication:

• (e) conditions prohibiting the offender from entering or remaining in specified places or areas, at specified times, or at all times:

• (f) conditions requiring the offender to submit to the electronic monitoring of compliance with any release conditions, or conditions of an extended supervision order, that relate to the whereabouts of the offender.

(4) No offender may be made subject to a special condition that requires the offender to take prescription medication unless the offender—

• (a) has been fully advised, by a person who is qualified to prescribe that medication, about the nature and likely or intended effect of the medication and any known risks; and

• (b) consents to taking the prescription medication.

(5) An offender does not breach his or her conditions for the purposes of section 71 if he or she withdraws consent to taking prescription medication, but the failure to take the medication may give rise to a ground for recall set out in section 61.

(1) The purpose of an electronic monitoring condition imposed under section 15(3)(f) is to deter the offender from breaching conditions that relate to his or her whereabouts, and to monitor compliance with those conditions.

(2) For the purposes of the Privacy Act 1993, information about an offender that is obtained through electronic monitoring may be used both for the purposes referred to in subsection (1) and for the following purposes:

• (a) to verify compliance with any release conditions or conditions of an extended supervision order:

• (b) to detect non-compliance with any conditions and the commission of offences:

• (c) to provide evidence of non-compliance with conditions and the commission of offences:

• (d) to verify that the offender has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.

(3) To avoid doubt, an offender who is subject to an electronic monitoring condition may be required to have equipment attached to his or her body.

(4) The annual report of the Department of Corrections must include the following information about the use of electronic monitoring in the year reported on:

• (a) the number of offenders who were at any time subject to an electronic monitoring condition:

• (b) the average number of offenders who were subject to an electronic monitoring condition and the average duration of the condition:

• (c) the percentage of offenders who, while subject to an electronic monitoring condition attaching to an extended supervision order, were—

  • (i) convicted for a breach of the condition; or

  • (ii) convicted of any other offence:

• (d) a description of processes and systems relating to electronic monitoring that were in place during the year reported on.

For the purposes of section 15, a programme means any of the following:

• (a) any psychiatric or other counselling or assessment:

• (b) attendance at any medical, psychological, social, therapeutic, cultural, educational, employment-related, rehabilitative, or reintegrative programme:

• (c) placement in the care of any appropriate person, persons, or agency, approved by the chief executive, such as (without limitation)—

  • (i) an iwi, hapu, or whanau:

  • (ii) a marae:

  • (iii) an ethnic or cultural group:

  • (iv) a religious group, such as a church or religious order:

  • (v) members or particular members of any of the above.

(1) The statutory release date of an offender is the release date of the sentence to which the offender is subject (including any notional single sentences) that has the latest release date.

(2) An offender who is detained in a prison on his or her statutory release date must be released from detention on that date.

(3) Subsection (2) is subject to section 179A of the Corrections Act 2004.

(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.

(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).

(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).

(1) The Board must, as soon as practicable after the parole eligibility date of an offender who is detained in a prison, consider the offender for release on parole.

(2) The Board must consider for parole every offender who is detained in a prison at least once in every 12 months after the offender's last parole hearing unless, when the offender is due to be considered,—

• (a) the offender has a new parole eligibility date that is more than 12 months after his or her last parole hearing (in which case subsection (1) applies); or

• (b) the offender is subject to a postponement order; or

• (c) the offender is detained following an application for a recall order, or under an interim or final recall order.

(3) If subsection (2)(c) (but not subsection (2)(a)) applies to an offender, the Board must consider the offender for parole within 12 months of any final recall order that is, or is subsequently, made.

For the sake of administrative efficiency, the Board may consider an offender for release on parole at any time within the month preceding the date on which the offender is due to be considered by the Board; but in no case may an offender who is considered early under this section be released on parole before his or her parole eligibility date.

An offender who is released on compassionate release may not be considered for parole by the Board.

An offender who is unlawfully at large on the date on which he or she is due to be considered for parole must be considered by the Board for parole on the later of—

• (a) the date that is 12 months after his or her return to custody (or as soon as practicable after it); or

• (b) if the offender, after being returned to custody, has a new parole eligibility date, the offender's parole eligibility date (or as soon as practicable after it).

(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).

(1) The Board may, at any time after an offender's parole eligibility date, consider the offender for release on parole at a time other than when the offender is due to be considered for parole, and may make an order under section 28(1) directing his or her release on parole.

(2) An offender may, at any time, apply to the Board to exercise its discretion under subsection (1) to consider the offender for parole.

(1) If the Board is satisfied that, in the absence of a significant change in the offender's circumstances, an offender will not be suitable for release at the time when he or she is next due to be considered for parole, the Board may make a postponement order in relation to the offender.

(2) If the Board makes a postponement order, it must specify the date by which the offender must be further considered for parole, which,—

• (a) in the case of an offender serving an indeterminate sentence, must be within 3 years of the offender's most recent parole hearing; or

• (b) in the case of an offender serving any other long-term sentence, must be within 2 years of the offender's most recent parole hearing.

(3) Despite being subject to a postponement order, an offender may at any time apply to the Board requesting consideration for parole on the grounds that there has been a significant change in his or her circumstances.

(4) A postponement order may be made at—

• (a) an attended parole hearing; or

• (b) a special attended hearing convened for the purpose of considering whether to make a postponement order.

(5) The Board may not make a postponement order in relation to an offender unless it has first—

• (a) advised the offender, at least 14 days before the hearing, that it is to consider making a postponement order; and

• (b) given the offender an opportunity to make written submissions to the Board about whether the order should be made; and

• (c) held a hearing at which the offender (in person or through counsel) has been given an opportunity to make oral submissions.

(1) This subsection applies to a requirement in any of sections 21 to 27 for the Board to consider an offender for parole that (but for this section) would have the effect of requiring the Board to consider an offender for parole—

• (a) while an epidemic management notice is in force; or

• (b) after an epidemic management notice has expired, but while (in the Board's opinion) there remains as an effect of the outbreak of the disease referred to in the notice a backlog of offenders who, by virtue of one of those requirements, should have been considered for parole before the offender.

(2) It is a sufficient compliance with a requirement to which subsection (1) applies if the Board considers the offender concerned for parole as soon after he or she should have been considered as is reasonably practicable in the circumstances.

(3) The circumstances include—

• (a) the number of appropriately qualified employees of the chief executive available to produce reports for the Board:

• (b) the number of appropriately qualified employees of the chief executive available to participate in hearings of the Board:

• (c) the number of Board members available to conduct hearings:

• (d) the number of offenders who have not yet been considered for parole as required by any of sections 21 to 27:

• (e) the number and seriousness of the other matters pending before the Board.

(4) In deciding the order in which it should consider for parole offenders who, by virtue of subsection (2), may be considered for parole as soon after they should have been considered as is reasonably practicable in the circumstances, the Board—

• (a) must first consider how much time has passed since each of them should have been considered; but

• (b) may then consider them for parole in any order it thinks appropriate.

(5) If the notice applies to only stated parts of New Zealand, subsections (1) to (4) apply within those parts only.

(1AA) In deciding whether or not to release an offender on parole, the Board must bear in mind that the offender has no entitlement to be released on parole and, in particular, that neither the offender's eligibility for release on parole nor anything else in this Act or any other enactment confers such an entitlement.

(1) The Board may, after a hearing at which it has considered whether to release an offender on parole, direct that the offender be released on parole.

(2) The Board may give a direction under subsection (1) only if it 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—

• (a) the support and supervision available to the offender following release; and

• (b) the public interest in the reintegration of the offender into society as a law-abiding citizen.

(3) If the Board directs the release of an offender on parole, it must specify the date on which the offender is to be released, which must be a date that is—

• (a) not later than 6 months after the hearing; and

• (b) not a non-release day.

(4) Despite subsection (3)(b), the Board may, in exceptional circumstances, specify a date for release that is a Thursday or a Friday.

(5) The Board may revoke or amend any direction under this section at any time before the offender is released on parole, but, if it does so, the Board must hold another parole hearing as soon as practicable.

(1) In releasing an offender on parole, the Board—

• (a) must impose the standard release conditions on the offender; and

• (b) may impose any special conditions on that offender that the Board specifies.

(2) Despite subsection (1)(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.

(3) The standard release conditions imposed on an offender are in force—

• (a) in the case of an offender who is subject to 1 or more determinate sentences, for the period that the Board specifies; and

• (b) in the case of an offender who is subject to an indeterminate sentence, for the rest of the offender's life.

(4) The period that the Board specifies under subsection (3)(a) may not be less than 6 months and may not extend for more than 6 months after the offender's statutory release date.

(5) If the Board imposes special conditions on an offender, the special conditions are in force for the period that the Board specifies for the conditions.

(6) Special conditions imposed on an offender who is subject to 1 or more determinate sentences may not be in force for a longer period than the offender's standard release conditions.

The Board, when directing the release on parole of an offender in respect of whom an extended supervision order is made must—

• (a) take into account, when setting any special conditions, the nature of the conditions to which the offender will be subject under the extended supervision order, when those conditions are reactivated under section 107P(2) on his or her statutory release date; and

• (b) direct that the release conditions imposed last until the offender's statutory release date.

(1) If the Board is satisfied that, because of the special circumstances of an offender (other than an offender subject to an extended supervision order), it is desirable for the Board to do so, the Board may determine to monitor, during the specified period, the offender's compliance with the release conditions imposed on the offender.

(2) In monitoring the conditions, the Board may on each occasion do either or both of the following:

• (a) ask the Department of Corrections for a progress report on the offender's compliance with the conditions:

• (b) require the offender to attend a hearing notified to the offender in writing.

(3) Each power specified in subsection (2) may be exercised on 1 or more occasions during the specified period, but may not be exercised more frequently than at 3-monthly intervals.

(4) A hearing that an offender is required to attend under subsection (2)(b)—

• (a) is a special condition imposed on the offender; and

• (b) is conducted in accordance with any directions given by the Board, including, without limitation, that the offender attend otherwise than in person (for instance, by telephone or video link); and

• (c) is not subject to sections 43 to 50B; but

• (d) is subject to section 13 (which is about the information to be given to, or withheld from, the offender).

(5) At a hearing that an offender is required to attend under subsection (2)(b), the Board may, if it considers it appropriate to do so, take 1 or more of the following actions:

• (a) vary any special conditions previously imposed on the offender:

• (b) impose new special conditions on the offender:

• (c) if the offender is on parole or compassionate release, and if the Board is satisfied of the matters stated in section 62, make an order in respect of the offender that has the same effect as an interim recall order under that section.

(6) Sections 57 and 58 apply, with any necessary modifications, to any action taken under subsection (5)(a) or (b).

(7) In this section, specified period, in relation to an offender released from detention, means a period of—

• (a) 12 months from the date of release, if the offender is released on parole or compassionate release:

• (b) 6 months from the date of release, if the offender is released at the statutory release date.

(1) The Board may, when directing the release on parole of an offender who is detained in, or on leave from, a hospital or secure facility, vary any standard release conditions, or waive the obligation to comply with any or all of them.

(2) The offender's release conditions do not take effect until the offender is actually released from the hospital or the secure facility.

(3) However, for the purpose of determining when the release conditions are discharged, time starts to run from the date on which the offender would have been released if he or she had been detained in a prison.

(1) The release conditions of an offender who is on parole (other than an offender who is subject to an indeterminate sentence) are discharged—

• (a) when the period for which they were imposed expires; or

• (b) if the offender resumes detention in a prison under a new sentence; or

• (c) when the Board discharges all release conditions under section 58.

(2) The release conditions of an offender who is on parole are suspended during any period that the offender spends in custody under a court order (for instance, on remand) or an interim recall order, and time runs on the conditions during any period that they are suspended.

An offender who has been released on parole ceases to be on parole—

• (a) when the offender reaches his or her statutory release date (as determined under section 17(1)); or

• (b) if the offender resumes detention in a prison under a final recall order.

(1) The Board may impose on an offender the special conditions referred to in section 15(3)(ab) (residential restrictions) if the residence in which it is proposed that the offender reside is in an area in which a residential restriction scheme is operated by the chief executive.

(2) An offender on whom residential restrictions are imposed is required—

• (a) to stay at a specified residence:

• (b) to be under the supervision of a probation officer and to co-operate with, and comply with any lawful direction given by, that probation officer:

• (c) to be at the residence—

  • (i) at times specified by the Board; or

  • (ii) at all times:

• (d) to submit, in accordance with the directions of a probation officer, to the electronic monitoring of compliance with his or her residential restrictions:

• (e) to keep in his or her possession the licence issued under section 53(3) and, if requested to do so by a constable or a probation officer, must produce the licence for inspection.

(3) Any conditions imposed under subsection (2)(c)(ii) may not be imposed for longer than the shortest of the following periods:

• (a) the period for which the standard release conditions apply:

• (b) 12 months:

• (c) if those conditions have previously been imposed on the offender in respect of the same release from detention, 12 months less the time for which those conditions have previously been imposed.

(4) An offender may, despite any conditions imposed under subsection (2)(c), leave the residence to which the residential restrictions relate—

• (a) to seek urgent medical or dental treatment; or

• (b) to avoid or minimise a serious risk of death or injury to the offender or any other person; or

• (c) for humanitarian reasons approved by a probation officer.

(5) In any case where the conditions are of the kind specified in subsection (2)(c)(ii), the offender may, with the approval of a probation officer, leave the residence to which the residential restrictions relate—

• (a) to comply with any special conditions; or

• (b) to seek or engage in employment; or

• (c) to attend training or other rehabilitative or reintegrative activities or programmes; or

• (d) to attend a restorative justice conference or other process relating to the offender's offending; or

• (e) to carry out any undertaking arising from any restorative justice process; or

• (f) for any other purpose specifically approved by the probation officer.

(1) Before the Board imposes residential restrictions on an offender, the Board must request and consider a report from a probation officer on the matters specified in subsection (2).

(2) The matters are as follows:

• (a) the nature of the offence or offences for which the offender is currently serving a sentence of imprisonment or has previously been convicted:

• (b) the likelihood that the residential restrictions will prevent further offending on the part of the offender:

• (c) the likelihood that the offender's rehabilitation and reintegration will be assisted by residential restrictions:

• (d) the suitability of the proposed residence, including the safety and welfare of the occupants of the residence where the offender is to reside.

(3) Before completing the report requested under subsection (1), the probation officer must—

• (a) ensure that every relevant occupant of the residence where it is proposed that the offender reside is aware of the nature of the offender's past and current offending; and

• (b) tell every relevant occupant that the reason for giving that information is to enable the occupant to make an informed decision about whether to consent to having the offender reside at the residence; and

• (c) tell every relevant occupant that the information provided about the offender must not be used for any purpose other than that described in paragraph (b); and

• (d) obtain the consent of every relevant occupant to having the offender reside at the residence; and

• (e) inform every relevant occupant of their right to withdraw their consent, at any time, to having the offender reside at the residence.

(4) In subsection (3), relevant occupant means, in relation to a residence that the probation officer is considering as a suitable residence for an offender subject to residential restrictions,—

• (a) in the case of a family residence, every person of or over the age of 16 who ordinarily lives there; and

• (b) in the case of any other residence, every person whom the probation officer identifies as being a relevant occupant for the purpose of subsection (3).

The Board may impose residential restrictions only if satisfied on reasonable grounds that—

• (a) the residence in which it is proposed that the offender reside is suitable; and

• (b) the relevant occupants (as defined in section 34(4)) of the residence in which the offender will reside—

  • (i) understand the residential restrictions that will apply to the offender; and

  • (ii) consent to the offender residing in the residence in accordance with those conditions; and

  • (iii) have been informed of their right to withdraw their consent, at any time, to having the offender reside in the residence; and

• (c) the offender has been made aware of and understands the residential restrictions, and he or she agrees to comply with them.

The fact that a person is subject to residential restrictions does not, of itself, affect any entitlement the person may have under the Social Security Act 1964.

(1) The Board may, on referral by the chairperson, direct that an offender be released on compassionate release on either of the following grounds:

• (a) the offender has given birth to a child:

• (b) the offender is seriously ill and is unlikely to recover.

(2) Every referral by the chairperson for consideration for compassionate release must be in writing and set out the reasons why the chairperson is making the referral.

(3) The Board may, as part of a direction for compassionate release, impose the standard release conditions and any special conditions on the offender, and may vary, or waive the obligation to comply with, any standard release conditions if necessary in the circumstances.

(4) Before an offender is released, the Board may cancel a direction for release or vary any of the conditions of release.

(5) After an offender is released, the Board may vary or discharge any release conditions under section 58.

(6) An offender released on compassionate release is liable to recall as if he or she had been released on parole.

(7) When an offender is released under this section, a copy of the order for release, along with any conditions imposed on the offender, must be supplied to—

• (a) the offender; and

• (b) every victim of the offender; and

• (c) the chief executive; and

• (d) the Police.

Sections 43 to 50 apply to every hearing of the Board concerning an offender who—

• (a) is due to be released from detention on his or her statutory release date; or

• (b) is to be considered for parole.

• (c) [Repealed]

(1) When an offender is due to be released at his or her statutory release date, or to be considered by the Board for parole, the Department of Corrections must provide the Board with—

• (a) copies of all relevant information relating to the offender's current and previous convictions, including (for example) sentencing notes and pre-sentence reports; and

• (b) if the offender has engaged in any restorative justice processes, any reports arising from those processes; and

• (c) in the case of an offender detained in a prison, a report by the Department of Corrections; and

• (d) [Repealed]

• (e) in the case of an offender currently detained in, or on leave from, a hospital, a report from the responsible clinician (or the most suitable other health professional to provide such a report) concerning the offender and any care programmes that the hospital has put, or intends to put, in place for the offender; and

• (ea) in the case of an offender currently detained in, or on leave from, a secure facility, a report from the compulsory care co-ordinator concerning the offender and the care and rehabilitation plan that has been, or is to be, put in place for the offender; and

• (f) in the case of an offender currently detained in a social welfare residence (as described in section 11), a report from the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989.

(2) The Board must take all reasonable steps to give notice to the following people that a hearing is pending:

• (a) the offender:

• (b) every victim of the offender:

• (c) the manager of the prison in which the offender is detained (if applicable):

• (d) [Repealed]

• (e) the Director of Area Mental Health Services (in the case of an offender currently detained, or on leave from, in a hospital):

• (ea) the compulsory care co-ordinator (in the case of an offender currently detained in, or on leave from, a secure facility):

• (f) the Police.

(3) If the hearing relates to an offender who is subject to a long-term sentence, any victim who is notified must be advised that he or she may request information on the offender under section 44.

(4) A failure to notify any person listed in subsection (2)(b) to (f), and a failure to obtain all the information referred to in subsection (1)(a), does not invalidate a hearing.

(5) Any person notified under subsection (2) may write to the Board, by a given date, making submissions on, or giving information relevant to,—

• (a) the substantive matter to be decided; and

• (b) whether the hearing should be an unattended hearing or an attended hearing.

(6) For the purpose of providing the reports required under subsection (1)(e) and (f), the responsible clinician (or other health professional) referred to in subsection (1)(e), or the chief executive referred to in subsection (1)(f) (as the case may be), must, on request by the chief executive, supply a report on the relevant offender to the chief executive as required.

To avoid doubt, if a person providing a report referred to in section 43 considers that it is or may be necessary to do so in order to provide the report, he or she—

• (a) may consult with any other person (for example, with any victim (as defined in section 4 of the Victims' Rights Act 2002)) who is or may be able to provide information relevant to the matters that the report must address (relevant information); and

• (b) may, so far as it is or may be necessary to do so in order to ascertain from the other person relevant information, disclose to the other person information—

  • (i) about why the report must be provided; and

  • (ii) about the nature and purpose of the report.

If a victim requests information on an offender under section 43(3), the Department of Corrections must prepare and send to the victim the following:

• (a) a list of any programmes that the offender has attended since commencing his or her sentence, and a list of any programmes that the offender has completed:

• (b) a statement of the offender's current security classification:

• (c) a list of any convictions received by the offender since commencing his or her sentence:

• (d) [Repealed]

• (e) a statement that the purpose of providing the victim with information about the offender is to assist the victim to make submissions, and that the information is not to be used for any other purpose.

(1) The panel convenor who is allocated to conduct a particular hearing must decide whether that hearing will be an unattended hearing under section 48 or an attended hearing under section 49.

(2) A decision under subsection (1) may not be made until—

• (a) the Board has received the information referred to in section 43(1); and

• (b) the given date referred to in section 43(5) has passed.

(3) If the panel convenor believes on reasonable grounds that the Board is able to make a proper decision on the basis of the information available to the Board, without the need for any person other than Board members to attend the hearing, the convenor may decide that the hearing will be an unattended hearing.

(4) In deciding whether to hold an unattended hearing or an attended hearing, the panel convenor must consider—

• (a) whether and how often the offender has been considered by the Board:

• (b) the length of time since his or her last attended hearing (if any):

• (c) whether there are significant efficiencies to be gained by having one type of hearing rather than the other:

• (d) whether written submissions indicate that there are matters that warrant consideration at an attended hearing:

• (e) any relevant cultural or personal factors:

• (f) any other matter that the panel convenor considers relevant.

(5) The decision on the type of hearing must be notified in writing to the offender and every victim of the offender, and to any other person from whom the Board wishes to receive information in relation to the hearing.

(6) A panel convenor may, before or during an unattended hearing, determine that the hearing must be an attended one and, in that case, a time for the attended hearing must be fixed and the people referred to in subsection (5) must be notified accordingly.

(7) Notification under subsection (5) or (6) must include,—

• (a) if the hearing is to be an unattended one,—

  • (i) a summary of the reasons for deciding that the hearing will be unattended; and

  • (ii) advice to the offender on the offender's right to an interview under section 47; and

  • (iii) advice to the offender on the offender's right to seek a review under section 46; and

• (b) if the hearing is to be an attended one, notice of the date of the hearing and relevant information about the rights of people attending.

(1) An offender who has been notified, under section 45(5), of the decision that the hearing will be unattended may seek a review of the decision by writing to the Board within 10 days of the date of the notice.

(2) A panel convenor other than the one allocated to conduct the particular hearing must review the decision as soon as practicable.

(3) Following a review, the panel convenor may confirm the decision or determine that the hearing will be an attended hearing.

(4) If the hearing is to be an attended hearing, the Board must fix a time for the attended hearing and notify the people referred to in section 45(5) accordingly.

(5) If the hearing is to be an unattended hearing, the Board must notify the offender who sought the review.

(1) If a hearing is to be an unattended hearing, the offender must be given an opportunity to have an interview before the hearing with 1 member of the panel allocated to conduct the hearing.

(2) The member conducting the interview may conduct the interview at whatever place and in whatever manner he or she considers appropriate (subject to subsection (3)).

(3) The offender may have a support person with him or her, and the support person may, with the consent of the offender and the permission of the member conducting the interview, speak in support of the offender.

(1) At an unattended hearing, the only people who may be present are—

• (a) the Board members conducting the hearing; and

• (b) the staff servicing the Board; and

• (c) any other person whom the Board agrees in writing to allow to be present.

(2) An unattended hearing may be conducted with any or all of the people mentioned in subsection (1) being present by way of telephone or video link, rather than in person.

(1) An attended hearing must be run in the manner of an inquiry, and in an atmosphere that encourages persons appearing before the Board to speak for themselves, and as freely and frankly as possible.

(2) Within that context, the Board may conduct the hearing as it thinks appropriate and, subject to this section, has the following powers:

• (a) to determine who may attend, and determine whether a person may attend other than in person (for instance, by telephone or video link):

• (b) to determine who may speak:

• (c) to impose limits on what a person may talk about and for how long:

• (d) to require any person to leave the hearing, either temporarily or for the remainder of the hearing:

• (e) to adjourn the hearing.

(3) The offender who is being considered is entitled to—

• (a) appear and make oral submissions to the Board; and

• (b) attend while any other person is making submissions, provided that the offender may not be present at the hearing when any victim is present unless the victim, the offender, and the Board agree; and

• (c) with the leave of the Board, be represented by counsel; and

• (d) be accompanied by 1 or more support persons (subject to any limitation on numbers imposed by the Board) who may, with leave of the Board, speak in support of the offender.

(4) Every victim of the offender is entitled to—

• (a) appear and make oral submissions to the Board for the purpose of assisting the Board to reach a decision; and

• (b) with the leave of the Board, be represented by counsel; and

• (c) be accompanied by 1 or more support persons (subject to any limitation on numbers imposed by the Board), who may, with the leave of the Board,—

  • (i) speak in support of the victim; and

  • (ii) with the permission of the victim, speak on behalf of the victim.

(1) After a hearing, every person who was notified under section 43(2) must be advised of—

• (a) whether, and, if so, when, the offender is to be released from detention; and

• (b) any release conditions applying to the offender; and

• (c) if a postponement order has been made, the duration of the postponement.

(2) When advising a victim under this section of any release conditions applying to an offender, the Board may withhold advice of a particular condition if disclosing the condition would unduly interfere with the privacy of any other person (other than the offender).

(1) This section applies to a person who—

• (a) is not a victim as defined in section 4(1) of this Act; but

• (b) is a victim as defined in section 4 of the Victims' Rights Act 2002.

(2) To avoid doubt, the person—

• (a) may, by writing to the Board, make submissions on, or give information relevant to, the substantive matter to be decided at a hearing referred to in section 42; and

• (b) if the hearing is an unattended hearing, may, with the leave of the Board, have an interview before the hearing with 1 member of the panel allocated to conduct the hearing, in accordance with section 47(1) to (3); and

• (c) if the hearing is an attended hearing, may, with the leave of the Board, appear and make oral submissions to the Board, in accordance with section 49(4).

(3) If the person seeks information from the Board in order to take a step in subsection (2)(a) or (b) or (c), the Board may—

• (a) advise the person of the relevant hearing date; and

• (b) give the person any other information that is reasonably necessary to enable the person to take the step.

(4) Neither the Board nor any other person has any liability for any act done in pursuance, or intended pursuance, of the Board's functions under this section or section 50B, unless the act was done in bad faith.

(1) The following persons must, after the hearing concerned, be advised of the matters in section 50(1)(a) to (c):

• (a) a person who, by writing to the Board, makes submissions or gives relevant information as referred to in section 50A(2)(a):

• (b) a person who is interviewed as referred to in section 50A(2)(b):

• (c) a person who appears and makes oral submissions as referred to in section 50A(2)(c).

(2) When advising a person under this section of any release conditions, the Board may withhold advice of a particular condition if disclosing the condition would unduly interfere with the privacy of any other person (other than the offender).

(1) This section applies to an offender who is serving a sentence of imprisonment in a prison.

(2) An offender who is due to be released at his or her statutory release date must be released from the prison on that date, unless he or she is released earlier under section 52.

(3) An offender who has been directed by the Board to be released on parole or compassionate release must be released from the prison on the date specified by the Board.

(1) This section applies only to an offender who is serving a sentence of imprisonment of more than 14 days and who is due to be released from a prison at his or her statutory release date.

(2) If the offender's statutory release date falls on a non-release day, the offender must be released on the nearest preceding date that is not a non-release day.

(3) The chief executive may direct that an offender who is detained in a prison and whose statutory release date falls within the period commencing on 15 December in one year and ending on 5 January in the next year is to be released on a date that is—

• (a) not earlier than 1 December immediately preceding the offender's statutory release date; and

• (b) not a non-release day.

(4) A direction under subsection (3) may be revoked at any time before the offender is released.

(5) If an offender is released early under subsection (2) or subsection (3), the offender, during the period between the date of actual release and his or her statutory release date,—

• (a) is subject to any release conditions that will apply on his or her statutory release date as if he or she had been released on his or her statutory release date (but time does not begin to run on any conditions until the offender's statutory release date); and

• (b) is liable to recall.

(1) When an offender is released from detention in a prison, he or she must be issued with a licence that sets out—

• (a) the release conditions that apply to the offender; and

• (b) the date or dates on which the conditions, or any of them, cease to apply; and

• (c) details about liability to recall.

(2) Subsection (1) does not apply to an offender who is released from a short-term sentence if, on release, the offender is not subject to any release conditions.

(3) An offender subject to residential restrictions must, before the restrictions come into force, be issued with a licence that sets out—

• (a) the residential restrictions; and

• (b) the date or dates on which they, or any of them, come into force and cease to be in force; and

• (c) the obligations to comply with the directions given by a probation officer; and

• (d) the consequences of non-compliance with the conditions; and

• (e) the statutory provisions under which the conditions may be varied or discharged.

(4) If an offender's release conditions are varied or discharged, the offender must be given a new or amended licence that shows the conditions as varied or discharged.

(1) Before an offender is released from detention in a prison, the chief executive must advise the Police of—

• (a) the date on which the offender is to be released; and

• (b) the offender's release conditions; and

• (c) the offender's statutory release date.

(2) Before an offender becomes subject to residential restrictions, the chief executive must advise the Police of the date on which the restrictions commence and the date on which they cease to apply.

(1) The Minister of Immigration may, by notice in writing to the manager of a prison, order the release of an offender into the custody of any Police employee if—

• (a) the offender is subject to a sentence of imprisonment, including a sentence of imprisonment imposed under the Armed Forces Discipline Act 1971; and

• (b) the offender has been ordered to be deported from New Zealand by the Governor-General under section 72 of the Immigration Act 1987, or by the Minister of Immigration under any of sections 73, 91, or 92 of that Act; and

• (c) a copy of the order, or a notice of the making of the order, has been served on the offender; and

• (d) one of the following applies:

  • (i) the offender has no right of appeal under that Act against the making of that order:

  • (ii) the time for bringing that appeal has expired and the offender has not brought an appeal:

  • (iii) any such appeal has been determined and the order has not been quashed.

(2) A notice issued under subsection (1) is sufficient authority for the manager to release the offender accordingly on request by any Police employee.

(3) When a ship or aircraft becomes available to take the offender from New Zealand, and it is practicable in all the circumstances for the offender to leave on that ship or aircraft, a Police employee may require the manager, in accordance with subsection (1), to deliver the offender into the custody of the Police employee; and the Police employee must escort the offender (or arrange for him or her to be escorted) to the seaport or airport and ensure that the offender is placed upon the ship or aircraft and detained there until the ship or aircraft leaves New Zealand.

(4) If for any reason that ship or aircraft is delayed in New Zealand for more than 24 hours, the offender must be returned to the custody of the manager, and, for that purpose, the warrant by which the offender was originally committed to the prison is deemed to be still in force.

(5) If an offender is returned to custody under subsection (4), the manager must, on request by any Police employee, release the offender into the custody of that Police employee for deportation, and the provisions of this section apply in respect of every request until the offender is finally deported.

(6) Despite subsection (1), in respect of any offender to whom paragraphs (a) to (d) of that subsection apply, the chief executive may, at any time within 28 days preceding the offender's statutory release date, by notice in writing to the manager of the prison in which the offender is detained, order the release of the offender into the custody of any Police employee in possession of the notice; and that notice is sufficient authority for the manager to release the offender accordingly.

(7) If an offender is released into the custody of a Police employee under subsection (6), subsections (3) to (5) apply as if the release were ordered by the Minister of Immigration.

(8) If an offender is released and deported under this section, his or her sentence continues to run and, if the offender subsequently returns to New Zealand before the sentence expiry date, the offender is liable to resume serving it.

(1) An offender who is subject to release conditions imposed by the Board may apply to the Board at any time for the variation or discharge of any of those conditions.

(2) A probation officer may at any time apply to the Board for the variation or discharge of any release condition imposed by the Board that applies to an offender.

(3) An application under this section must indicate whether or not the offender wishes to appear before the Board to state his or her case.

(4) When a probation officer applies for the variation or discharge of a condition, the probation officer may suspend the condition until the application is determined.

While an epidemic management notice is in force, a probation officer who has made an application to the Board under section 56(2) for the variation of a release condition imposed by the Board may himself or herself vary the condition; and the variation has effect until the application has been heard and disposed of.

(1) Before determining an application for variation or discharge, the Board may seek information from anyone it considers has, or may have, an interest in the application, such as (without limitation) the Police or any victim of the offender.

(2) To avoid doubt, section 13 (which is about information to be given to, or withheld from, offenders) applies to hearings for the purpose of determining an application for variation or discharge.

(3) An application for variation or discharge may be determined without the Board hearing from any person, unless—

• (a) the offender has asked to appear before the Board to state his or her case; or

• (b) the Board wishes to hear from any person orally.

(1) On an application under section 56, the Board may direct the variation or discharge of any release condition imposed by the Board that applies to an offender.

(2) The Board may not—

• (a) extend the duration of any release condition to a date that is later than 6 months after the offender's statutory release date; or

• (b) extend the duration of any special condition beyond the date on which the standard release conditions cease to apply.

(3) The Board may not discharge the standard release conditions with effect from a date that is less than 6 months after the date on which the offender was released, unless the offender is released on compassionate release or was, at the time of his or her release, detained in a hospital or in a secure facility.

(4) If the Board directs the variation or discharge of a condition,—

• (a) the variation or discharge takes effect on the date specified in the direction; and

• (b) every variation must be treated as part of the conditions that apply to the offender; and

• (c) notice of the direction must be given to the offender, the probation officer involved, the Police, and (if reasonably practicable) any victim to whom notice of the original condition was given.

A recall application is an application for an order that an offender be recalled to continue serving a sentence of imprisonment in a prison.

(1) The chief executive may make a recall application to the Board in respect of any offender who—

• (a) is subject to an indeterminate sentence; and

• (b) is on parole or on compassionate release.

(2) A probation officer may make a recall application to the Board in respect of any offender who—

• (a) is subject to a determinate sentence; and

• (b) has not yet reached his or her statutory release date; and

• (c) is on parole or compassionate release.

(2A) The Commissioner of Police may make a recall application in respect of any offender described in subsection (1) or (2) on the ground stated in section 61(a).

(3) A recall application must specify the ground or grounds in section 61 on which the applicant relies, and the basis on which the applicant is satisfied that the ground or grounds apply.

(4) When a recall application is made, the sentence to which the application relates ceases to run, except for the period (if any) between the lodgement of the application and the date of its determination during which the offender is under legal custody in accordance with the Corrections Act 2004.

The grounds for recall are that—

• (a) the offender poses an undue risk to the safety of the community or any person or class of persons; or

• (b) the offender has breached his or her release conditions; or

• (c) the offender has committed an offence punishable by imprisonment, whether or not this has resulted in a conviction; or

• (d) in the case of an offender who is subject to residential restrictions,—

  • (i) the offender is jeopardising the safety of any person at his or her residence; or

  • (ii) a suitable residence in an area in which a residential restriction scheme is operated by the chief executive is no longer available; or

  • (iii) the offender no longer wishes to be subject to residential restrictions; or

• (e) in the case of an offender who is subject to a special condition that requires his or her attendance at a residential programme,—

  • (i) the offender is jeopardising the safety of any person at the residence, or the order or security of the residence; or

  • (ii) the offender has failed to remain at the residence for the duration of the programme; or

  • (iii) the programme has ceased to operate, or the offender's participation in it has been terminated for any reason.

(1) On receiving a recall application, the chairperson or any panel convenor must make an interim recall order if he or she is satisfied on reasonable grounds that—

• (a) the offender poses an undue risk to the safety of the community or to any person or class of persons; or

• (b) the offender is likely to abscond before the determination of the application for recall; or

• (c) in the case of an offender who is subject to residential restrictions,—

  • (i) a suitable residence in an area in which a residential restriction scheme is operated by the chief executive is no longer available; or

  • (ii) the offender no longer wishes to be subject to residential restrictions.

(2) When deciding whether to make an interim recall order in respect of an offender who is currently detained, the chairperson or panel convenor (as the case may be) must make the decision as if the offender were not detained.

(1) When an interim recall order is made, the chairperson or a panel convenor (as the case may be) must issue a warrant in the prescribed form for the arrest of the offender and for the offender to be detained in a prison pending the determination of the application for recall.

(2) At any time after a warrant is issued under subsection (1), a constable may arrest the offender, whether or not the constable has possession of the warrant, for the purpose of returning the offender to a prison.

(3) On, or as soon as practicable after, being taken into custody following the issue of a warrant under subsection (1), the offender must be given a copy of the recall application and a notice that—

• (a) specifies the date on which the application is to be determined; and

• (b) advises the offender of his or her right to appear before the Board and to state his or her case in person or through counsel; and

• (c) requires the offender to notify the Board, not later than 7 days before the date on which the application is to be determined, whether he or she wishes to make written submissions or to appear in person or to be represented by counsel.

(4) While an offender is subject to an interim recall order, he or she must be detained in custody.

If no interim recall order is made following a recall application, the Board must cause to be served on the offender—

• (a) a copy of the recall application; and

• (b) a notice of the kind described in section 63(3).

(1) If an interim recall order is made, the Board must determine the recall application on a date that is,—

• (a) if the offender is in custody when the interim order is made, at least 14 days after, but not more than 1 month after, the date of the interim order; or

• (b) if the offender is not in custody when the interim order is made, at least 14 days after, but not more than 1 month after, the date on which the offender is taken into custody.

(2) If no interim recall order is made, the Board must determine the recall application on a date that is at least 14 days after, but not more than 2 months after, the date on which the copy of the recall application is served on the offender.

(3) To avoid doubt, section 13 (which is about information to be given to, or withheld from, offenders) applies to hearings for the purpose of determining a recall application.

(4) The Board may determine a recall application without the Board hearing from any person orally unless—

• (a) the offender has indicated that he or she, in person or through counsel, wishes to appear to state his or her case; or

• (b) the Board wishes to hear from any other person orally.

(5) Despite subsections (1) and (2), the Board may from time to time adjourn the hearing of a recall application; but no adjournment may be for more than 8 days, unless the offender consents to a longer period.

(1) This subsection applies to a recall application if, but for this section, section 65(1) or (2) would have the effect of requiring the Board to determine it—

• (a) while an epidemic management notice is in force; or

• (b) after an epidemic management notice has expired, but while (in the Board's opinion) there remains as an effect of the outbreak of the disease referred to in the notice a backlog of offenders in respect of whom a recall application should, by virtue of section 65(1) or (2), have been considered before it.

(2) In relation to an application for a recall application to which subsection (1) applies, it is a sufficient compliance with section 65(1) or (2) (as the case requires) if the Board considers it as soon after it should have been considered as is reasonably practicable in the circumstances.

(3) This subsection applies to the hearing of a recall application if the Board wishes to adjourn it, without the offender's consent,—

• (a) while an epidemic management notice is in force; or

• (b) after an epidemic management notice has expired, but while (in the Board's opinion) there remains as an effect of the outbreak of the disease referred to in the notice a backlog of matters pending before the Board.

(4) The Board may, without the offender's consent, adjourn the hearing of a recall application to which subsection (3) applies for any period (not exceeding 21 days) it thinks appropriate in the circumstances.

(5) The circumstances referred to in subsections (2) and (4) include—

• (a) the number of appropriately qualified employees of the chief executive available to provide administrative support to the Board:

• (b) the number of appropriately qualified employees of the chief executive available to produce reports for and participate in hearings of the Board:

• (c) the number of Board members available to conduct hearings:

• (d) the number and nature of the other matters pending before the Board.

(6) The Board may decide the order in which it should consider recall applications that, by virtue of subsection (2), may be considered as soon after they should have been considered as is reasonably practicable in the circumstances in any order it thinks appropriate.

(7) If the notice applies to only stated parts of New Zealand, subsections (1) to (6) apply within those parts only.

(1) The Board may make a final recall order recalling an offender to continue serving his or her sentence in a prison if, following a hearing on a recall application, it is satisfied on reasonable grounds that 1 or more of the grounds for recall in section 61 have been established.

(2) When deciding whether to make a final recall order in respect of an offender who is currently detained, the Board must make the decision as if the offender were not detained.

(3) On making a recall order, the Board must issue a warrant in the prescribed form for the arrest of the offender and for the offender to resume serving his or her sentence in a prison.

(3A) If a warrant is issued under subsection (3) in respect of an offender who is not currently detained, a constable may at any time arrest the offender, whether or not the constable has possession of the warrant, for the purpose of returning the offender to a prison to resume serving his or her sentence.

(4) If the Board refuses a recall application,—

• (a) the Board must direct the offender's release from custody under any warrant issued under section 63(1) (if applicable); and

• (b) any release conditions that were suspended resume (subject to paragraph (c)); and

• (c) the Board may vary or discharge any conditions imposed by the Board that apply to the offender, without the need for an application under section 56.

Section 44 of the Policing Act 2008 applies to protect constables as if a warrant issued under section 63(1) or section 66(3) were a process issued out of a court.

(1) An offender who is the subject of any decision of the Board under this Act (other than a decision under any of the provisions referred to in subsection (2)) may, within 28 days of the decision, apply in writing to the Board for a review of that decision.

(2) No review under this section may be sought of—

• (aa) a decision under section 13AB to make, or refuse to make, a confidentiality order; or

• (aab) a decision under section 13AE to vary or rescind, or to refuse to vary or rescind, a confidentiality order; or

• (a) a decision under section 45 about the type of hearing; or

• (b) a decision under section 46 on a review of a decision about the type of hearing; or

• (c) a review under section 107(6) of—

  • (i) an order made under that section; or

  • (ii) an order made under section 105 of the Criminal Justice Act 1985 (as provided for in section 97(8)).

(3) The grounds for an application for review under this section are that the Board, in making the decision,—

• (a) failed to comply with the procedures set out in this Act and any regulations made under it; or

• (b) made an error of law; or

• (c) failed to comply with a policy of the Board developed under section 109(2)(a), which resulted in unfairness to the offender; or

• (d) based its decision on erroneous or irrelevant information that was material to the decision reached; or

• (e) acted without jurisdiction.

(4) A review under this section must be undertaken, as soon as practicable, by the chairperson or by a panel convenor to whom the chairperson delegates the conduct of the review.

(5) Following a review, the reviewer must—

• (a) confirm, quash, or amend the decision; or

• (b) refer the matter back to the Board with a direction to reconsider and decide the matter.

(6) For the purposes of an appeal under section 68,—

• (a) a decision to confirm, quash, or amend the decision is the final decision of the Board; and

• (b) a decision of the Board taken following a reconsideration in accordance with a referral under subsection (5)(b) is the final decision of the Board.

(1) An offender who is subject to a postponement order, an order under section 107, or a final recall order may, within 28 days of the date of the decision on a review under section 67 (or whatever longer time the court permits), appeal to the High Court against the decision on the grounds that the order ought not to have been made.

(2) No appeal may be made under this section until the decision to make the order has been reviewed under section 67.

(3) If an offender lodges an appeal, he or she remains subject to the order while the appeal is determined.

(4) In the case of an appeal against a final recall order, without limiting the matters that the court may consider in determining the appeal, the court must consider the need to protect the community, or any person or class of persons.

(1) An appellant must forward a copy of his or her appeal to the Board.

(2) On receiving a copy of an appeal, the Board must forward to the Registrar of the High Court all information in its possession regarding the decision appealed against.

(3) The Registrar of the High Court must, on receipt of the information from the Board, set down the appeal for hearing on the first practicable sitting day in the most convenient place where sittings of the High Court are held, and must notify the appellant and the Board accordingly.

(4) Subject to this section and, with any necessary modifications, sections 119, 120, 123, 129, 130, 133, 134, 136, and 143 of the Summary Proceedings Act 1957 apply to an appeal under section 68 as if the order appealed against were an order made by a District Court Judge.

(5) On an appeal under section 68, the court may receive in evidence anything that the Board could have received at first instance.

(6) The court is not bound to allow the appeal on the ground merely of the improper admission or rejection of evidence unless, in the opinion of the court, a substantive wrong or miscarriage of justice occurred because of it.

(1) On an appeal against a postponement order or an order under section 107 the court may—

• (a) confirm, quash, or amend the order; or

• (b) refer the matter back to the Board with a direction to reconsider and decide the matter, in which case it must—

  • (i) advise the Board of its reasons for doing so; and

  • (ii) give the Board any directions that it thinks just concerning any aspect of the reconsideration.

(2) On an appeal against a final recall order, the court may—

• (a) confirm the order; or

• (b) quash the order and, unless the offender is liable to be detained under this or any other enactment,—

  • (i) direct the release of the offender from custody; or

  • (ii) direct the release of the offender on standard release conditions (in which case the conditions are deemed to have been imposed by the Board), and refer the offender to the Board for consideration of whether to impose any special conditions; or

• (c) refer the matter back to the Board with a direction to reconsider and decide the matter, in which case it must—

  • (i) advise the Board of its reasons for doing so; and

  • (ii) give the Board any directions that it thinks just concerning any aspect of the reconsideration.

(1) Every offender commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000, who breaches, without reasonable excuse, any standard release conditions or any special conditions imposed by the Board.

(2) The conviction and sentencing of an offender under this section does not limit the power to recall the offender from parole or compassionate release.

(1) This section applies to a residence (the residence) in which an offender is required to reside under residential restrictions.

(2) Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow a probation officer who has identified himself or herself to enter into the residence if the offender is required to be in the residence at the time that the probation officer seeks entry.

(3) Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow an authorised person to enter into the residence for the purpose of servicing or inspecting any equipment used in the electronic monitoring of the offender's compliance with the residential restrictions (whether or not the offender is required to be in the residence at that time).

(4) For the purposes of subsection (3), an authorised person is a person who—

• (a) is a probation officer and has identified himself or herself; or

• (b) accompanies a person described in paragraph (a); or

• (c) is authorised in writing by a probation officer and has produced that written authority to an occupant of the residence.

(1) Any constable may arrest, without a warrant, an offender whom the constable has reasonable grounds to believe is unlawfully at large.

(2) Any constable or any probation officer may arrest, without a warrant, an offender whom the constable or officer has reasonable grounds to believe has breached any of his or her release condition or conditions of an extended supervision order.

(1) A constable may, at any time, for the purpose of arresting an offender named in a warrant issued under section 63(1) or section 66(3), enter any premises, by force if necessary, if he or she has reasonable cause to believe that the offender is in or on the premises.

(2) If the constable who is executing the warrant is not in uniform, and the person in actual occupation of the premises asks the constable to produce evidence of his or her authority, the constable must produce the warrant or a badge or other evidence that he or she is a constable.

The Governor-General may, from time to time, by Order in Council, make regulations for all or any of the following purposes:

• (a) prescribing forms for the purpose of this Part and Part 1A:

• (b) prescribing the manner in which the key dates and non-parole periods of sentences of imprisonment are to be determined:

• (c) providing that specified information must be provided to offenders, and prescribing the manner and form in which that information is to be provided:

• (d) regulating the operation of the Board:

• (e) prescribing offences in respect of the contravention of, or non-compliance with, any regulations made under this section and the amounts of the fines that may be imposed in respect of those offences, which fines must not exceed $500:

• (f) generally providing for any other matters that are contemplated by, or necessary for giving full effect to, this Part and Part 1A, and their due administration.

(1) If, after the commencement date, an offender is sentenced to a sentence of imprisonment (a later sentence) that is directed to be served cumulatively on another sentence (an earlier sentence), the later sentence and the earlier sentence form a notional single sentence for the purpose of determining—

• (a) whether the offender is subject to a long-term sentence or a short-term sentence; and

• (b) the non-parole period to apply when determining the offender's parole eligibility date; and

• (c) the release date to apply when determining the offender's statutory release date.

(2) If the earlier sentence is part of a series of cumulative sentences, then all the sentences (including any pre-cd sentences) in that series, along with the later sentence, form a notional single sentence for the purpose described in subsection (1).

(3) Every sentence (including any pre-cd sentences) in a series of cumulative sentences links to the next one in the series at its sentence expiry date.

(4) Every notional single sentence is deemed to be a sentence that is imposed on or after the commencement date, even if it contains a pre-cd sentence.

(1) The start date of a sentence of imprisonment imposed after the commencement date is the date on which the sentence is imposed, except as otherwise provided in sections 77 to 81.

(2) The start date of a pre-cd sentence is the date, determined under Part 4 of the Criminal Justice Act 1985, on which the sentence commences.

The start date of a notional single sentence is the start date of the first sentence in the series of sentences that forms the notional single sentence.

If a court defers a start date under section 100 of the Sentencing Act 2002, the start date of the sentence of imprisonment is the date on which the offender is taken into custody after the expiry of the period specified by the court.

(1) The start date of a sentence that is substituted for a sentence that was quashed or otherwise set aside on appeal (the original sentence) is the start date of the original sentence.

(2) If a sentence (the original sentence) ceases to apply because the conviction to which it relates is quashed and a retrial ordered, and if a sentence of imprisonment is imposed following the retrial, the start date of the later sentence is the start date of the original sentence.

(3) In either situation referred to in subsection (1) or subsection (2), if the original sentence was directed to be served cumulatively on another sentence but the later sentence is not directed to be served cumulatively, then the start date of the later sentence is the start date that the original sentence would have had if it had not been directed to be served cumulatively.

(1) This section applies if an offender is temporarily surrendered to New Zealand under the Extradition Act 1999 and—

• (a) is convicted and sentenced to a sentence of imprisonment; and

• (b) is required to be returned in accordance with section 66(2) of the Extradition Act 1999 to the country from which the offender was surrendered on completion of the proceedings to which the extradition related.

(2) Unless the court otherwise directs, the start date of the sentence imposed is the date on which the person, having been returned to New Zealand, is taken into custody.

(3) This section applies despite any other provision in this Act.

If a person on whom a term of imprisonment is imposed for non-payment of a sum of money, disobedience of a court order, or contempt of court is not already detained under a sentence of imprisonment, then the start date of the sentence of imprisonment is the day on which the person is taken into custody to serve the term imposed.

(1) The sentence expiry date of a determinate sentence is the date that is reached when the offender who is subject to the sentence has served the full term of the sentence.

(2) The sentence expiry date of a notional single sentence is the sentence expiry date of the last sentence in the series of sentences that forms the notional single sentence.

(3) An indeterminate sentence has no sentence expiry date.

The sentence expiry date of a pre-cd sentence is the date, determined under Parts 4 and 6 of the Criminal Justice Act 1985, on which the sentence expires.

(1) The non-parole period of a long-term determinate sentence is one-third of the length of the sentence, unless the sentence is one to which subsection (2) or subsection (4) applies.

(2) The non-parole period of a sentence in respect of which the court has imposed a minimum term of imprisonment (whether under section 86, section 89, or section 103 of the Sentencing Act 2002) is the minimum term imposed.

(3) The non-parole period of a sentence of imprisonment for life (other than one in respect of which the court has imposed a minimum term of imprisonment) is 10 years.

(4) The non-parole period of a long-term notional single sentence is the total obtained by adding together all the non-parole periods of every sentence that makes up the notional single sentence.

(5) For the purpose only of calculating the non-parole period of a long-term notional single sentence,—

• (a) every short-term sentence (being a sentence imposed after the commencement date) within the notional single sentence must be treated as if it had a non-parole period of one-third of its length; and

• (b) every long-term pre-cd sentence under which the offender is eligible for parole must be treated as if it had a non-parole period of the period represented by the time between the commencement of the sentence and the close of the date on which the offender is eligible to be released on parole from that sentence under section 89 of the Criminal Justice Act 1985; and

• (c) every pre-cd sentence under which the offender is not eligible for parole (including every short-term pre-cd sentence) must be treated as if it had a non-parole period of the period represented by the time between the commencement date of the sentence and the close of the date on which the offender must be released from that sentence (the sentence's final release date) under section 90 of the Criminal Justice Act 1985.

Pre-cd sentences do not have non-parole periods under this Act and, except for the purpose described in section 84(5), the requirement in section 88(1) for the chief executive to determine the non-parole period of sentences does not apply to pre-cd sentences.

(1) The release date of a short-term sentence (including a short-term notional single sentence) is the date on which the offender who is subject to the sentence has served half of it.

(2) The release date of a long-term determinate sentence (including a long-term notional single sentence) is its sentence expiry date.

(3) An indeterminate sentence has no release date.

(1) The release date of a short-term pre-cd sentence is the final release date of the sentence, as determined under section 91 of the Criminal Justice Act 1985.

(2) The release date of a long-term determinate pre-cd sentence is the date that is 3 months before its sentence expiry date.

(3) Despite subsection (2), the release date of a long-term determinate pre-cd sentence that was imposed before the commencement of the Criminal Justice Amendment Act 1993 (which was 1 September 1993) is the final release date of the sentence, as determined under section 91 of the Criminal Justice Act 1985.

(4) An indeterminate pre-cd sentence has no release date.

(1) The chief executive must ensure that the key dates and non-parole period of every sentence to which an offender is subject, and the offender's parole eligibility date and statutory release date (if any), are determined in accordance with this Part and any regulations made under this Act, or with Parts 4 and 6 of the Criminal Justice Act 1985 and the Criminal Justice Regulations 1985, as the case requires.

(2) Despite subsection (1), the non-parole period and release date of every sentence imposed on an offender need not be determined if the offender's parole eligibility date and statutory release date (if any) may be correctly calculated without determining all the non-parole periods and release dates.

(3) A determination under this section may be revised at any time.

(1) When determining how much of a sentence imposed on or after the commencement date an offender has served, the provisions of this subpart apply.

(2) When determining how much of a pre-cd sentence an offender has served, Parts 4 and 6 of the Criminal Justice Act 1985 continue to apply.

(1) For the purpose of calculating the key dates and non-parole period of a sentence of imprisonment (including a notional single sentence) and an offender's statutory release date and parole eligibility date, an offender is deemed to have been serving the sentence during any period that the offender has spent in pre-sentence detention.

(2) When an offender is subject to 2 or more concurrent sentences,—

• (a) the amount of pre-sentence detention applicable to each sentence must be determined; and

• (b) the amount of pre-sentence detention that is deducted from each sentence must be the amount determined in relation to that sentence.

(3) When an offender is subject to 2 or more cumulative sentences that make a notional single sentence, any pre-sentence detention that relates to the cumulative sentences may be deducted only once from the single notional sentence.

(1) Pre-sentence detention is detention of a type described in subsection (2) that occurs at any stage during the proceedings leading to the conviction or pending sentence of the person, whether that period (or any part of it) relates to—

• (a) any charge on which the person was eventually convicted; or

• (b) any other charge on which the person was originally arrested; or

• (c) any charge that the person faced at any time between his or her arrest and before conviction.

(2) The types of detention that are pre-sentence detention are detention under an order made under section 24(2) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 and detention on remand pursuant to a court order—

• (a) in a prison (or in a Police station in accordance with section 35 of the Corrections Act 2004):

• (b) in a residence established under section 364 of the Children, Young Persons, and Their Families Act 1989, or detention in Police custody under section 238(1)(e) of that Act:

• (c) in a hospital or secure facility under any of sections 23, 35, 38(2), and 44(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003:

• (d) in a hospital or secure facility pursuant to an order under section 171(2) of the Summary Proceedings Act 1957:

• (e) in a hospital following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992:

• (ea) in a secure facility following an application under section 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003:

• (f) in a hospital under section 46 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

(3) In the case of an extradition offender (as defined in section 93), pre-sentence detention includes detention in custody overseas in relation to a request for extradition, as recorded on a certificate obtained under section 62 of the Extradition Act 1999 (including any substitute certificate obtained under that section).

(4) In the case of an ICC offender (as defined in section 93), pre-sentence detention includes detention in custody overseas, as recorded on a certificate obtained under section 99 of the International Crimes and International Criminal Court Act 2000 (including any substitute certificate obtained under that section).

(4A) In the case of a MACM offender (as defined in section 93), pre-sentence detention includes detention in custody overseas, as recorded on a certificate obtained under section 41B of the Mutual Assistance in Criminal Matters Act 1992 (including any substitute certificate obtained under that section).

(5) Detention that would, under subsection (2) or subsection (3), be pre-sentence detention, is not pre-sentence detention for the purposes of subsection (1) if the offender was, during that detention,—

• (a) under legal custody in accordance with the Corrections Act 2004 and serving a sentence of imprisonment; or

• (b) in the case of an extradition offender, detained in custody under a sentence for an offence imposed under the law of the country from where the offender was extradited under the request for extradition.

(6) In subsection (5)(a), serving a sentence of imprisonment includes time spent in a prison following an application for a recall order, but only if—

• (a) a final recall order is made following that application; and

• (b) the offender was not, immediately before the application for the recall order was made, subject to conditions related to the offender's home detention under a direction of the Board given before the commencement of section 72 of the Parole Amendment Act 2007 or in accordance with that section, whether those conditions were suspended or not.

(1) The person who is in charge of a prison, social welfare residence, hospital, or secure facility referred to in section 91(2) (in this section referred to as a detention place) must keep a record of—

• (a) the date on which a person is admitted to the detention place on detention as referred to in section 91(2); and

• (b) the total period during which the person is subsequently detained before sentence in that detention place, whether on the original charge or any other charge.

(2) After sentencing, the person in charge of the detention place (other than a Police jail) must supply the offender with a copy of the record kept under subsection (1) and, if the offender disputes the accuracy of the record, he or she may apply to the person who made it to review it.

(3) A person in charge of a detention place (other than a Police jail) who receives an application under subsection (2) must immediately review the record and, having reviewed it, must notify the offender in writing of—

• (a) whether the record is confirmed; or

• (b) the manner in which the record is amended.

(4) If the offender is dissatisfied with the outcome of the review, he or she may appeal the review to the court that imposed the sentence, in which case Part 4 of the Summary Proceedings Act 1957, or (as the case may require) Part 13 of the Crimes Act 1961, applies so far as it is applicable and with any necessary modifications, to the appeal.

(5) An extradition offender or an ICC offender or a MACM offender (as defined in section 93) may exercise the rights in this section to review and appeal a record of pre-sentence detention (as recorded on their relevant certificates) in the same way as any other offender may seek a review and appeal against a determination of the record of pre-sentence detention.

(1) An offender is an extradition offender for the purpose of sections 91 and 92 if—

• (a) the offender was convicted following his or her extradition to New Zealand of the offence to which the extradition related, or of any other offence for which he or she could be tried in New Zealand in accordance with section 64 of the Extradition Act 1999 as a result of that extradition; and

• (b) the offender was detained in custody in the country from where the offender was extradited in relation to the request for extradition; and

• (c) a certificate under section 62 of the Extradition Act 1999 was obtained showing the total period during which the offender was held in custody in relation to the request for extradition.

(2) An offender is an ICC offender if—

• (a) section 98(1) of the International Crimes and International Criminal Court Act 2000 applies to the offender; and

• (b) a certificate was obtained under section 99 of the International Crimes and International Criminal Court Act 2000 showing the total period during which the offender was held in custody overseas in relation to a request by the ICC before the imposition of sentence in New Zealand.

(3) An offender is a MACM offender if—

• (a) section 41A of the Mutual Assistance in Criminal Matters Act 1992 applies to the offender; and

• (b) a certificate was obtained under section 41B of the Mutual Assistance in Criminal Matters Act 1992 showing the total period during which the offender was held in custody overseas in relation to a request by a foreign country before the imposition of sentence in New Zealand.

For the purpose of calculating how much time an offender who is subject to a sentence of imprisonment has served, time ceases to run,—

• (a) for an offender detained in a prison, during any period when the offender is unlawfully at large from detention; and

• (b) for an offender on parole or compassionate release, during any period between the date on which an application for a recall order is lodged and the date on which the offender is next taken into custody.

• (c) [Repealed]

(1) Any time during which an offender is released from detention on bail pending an appeal does not count as time served under any sentence.

(2) To avoid doubt, time spent released from detention on bail is not pre-sentence detention (as defined in section 91).

(1) Subsection (2) applies if—

• (a) a sentence of imprisonment is passed on the conviction of an offender; and

• (b) that conviction is subsequently quashed and a new hearing or a new trial is ordered; and

• (c) following a new hearing or a new trial, the offender is again convicted and a new sentence of imprisonment is imposed on the offender.

(2) In the situation described in subsection (1), the period commencing on the quashing of the first sentence and the imposition of the new sentence does not count as time served under the new sentence.

(3) However, this section is subject to section 90 (which means that if the offender is remanded in custody during the period described in subsection (2), that period of pre-sentence detention counts as time served under the subsequent sentence).

(1) Every offender who was released under Part 6 of the Criminal Justice Act 1985 before the commencement date is deemed to have been released under subpart 2 of this Part and, in particular,—

• (a) an offender who was released on parole or at his or her final release date is deemed to be on parole under section 28, and any conditions to which the offender is subject are deemed to be release conditions imposed by the Board; and

• (b) an offender who was released to home detention is deemed to be on home detention under section 35 (as in force before the commencement of section 72 of the Parole Amendment Act 2007), and any conditions to which the offender is subject are deemed to be detention conditions imposed by the Board; and

• (c) an offender who was released under a direction by the Minister of Corrections under section 94 of the Criminal Justice Act 1985 is deemed to have been released on compassionate release under section 41, and any conditions to which the offender is subject are deemed to be release conditions imposed by the Board; and

• (d) an offender who was directed to be released under the Criminal Justice Act 1985 before the commencement date, but who (although the direction had not been revoked) had not in fact been released by that date, must be released under the Criminal Justice Act 1985 in accordance with the direction but, once the offender is released, paragraphs (a), (b), and (c) apply as if the offender had been released before the commencement date.

(2) If, before the commencement date, an offender is referred under section 97(5) or (6) of the Criminal Justice Act 1985 to the Board for consideration but the Board has not made a decision then, after the commencement date, the offender must be brought to the attention of the chairperson for consideration for referral to the Board under section 25 of this Act.

(3) If, before the commencement date, an offender is being considered by the Minister of Corrections for early release under section 94 of the Criminal Justice Act 1985 but the Minister has not made a decision, then, after the commencement date, the offender must be brought to the attention of the chairperson for consideration for referral to the Board under section 41 of this Act.

(4) If an offender referred to in subsection (3) was being considered by the Minister of Corrections on the ground referred to in section 94(1)(c) of the Criminal Justice Act 1985, the chairperson may refer the offender, and the Board may release him or her under section 41 of this Act, as if he or she were eligible to be considered under that section.

(5) A properly made application for a recall order that is made under the Criminal Justice Act 1985 before the commencement date must, after the commencement date, be treated as if it were a properly made recall application under section 60 of this Act, and sections 65 and 66 apply accordingly.

(6) A properly made interim recall order that is made under the Criminal Justice Act 1985 before the commencement date must, after the commencement date, be treated as if it were a properly made interim recall order made under section 62 of this Act, and sections 63 to 66 apply accordingly.

(7) An application for an order under section 105 of the Criminal Justice Act 1985 must, after the commencement date, be dealt with as if it were an application under section 107 of this Act.

(8) Every order made under section 105 of the Criminal Justice Act 1985 must be reviewed by the Board under section 107(6) of this Act as if the order had been made under that section.

(9) Despite subsection (1), every appeal against a decision made under Part 4 or Part 6 of the Criminal Justice Act 1985 must, whether the appeal is lodged before or after the commencement date, be lodged and dealt with as if Part 6 of that Act had not been repealed.

(1) During the transition period (defined in subsection (3)), every hearing by the Board of a type referred to in section 42 (which relates to hearings to decide release conditions at statutory release, parole hearings, and home detention hearings) must be an attended hearing as described in section 49, despite anything in sections 45 to 48.

(2) To avoid doubt, during the transition period the Board may exercise any and all of its powers under sections 42 to 50 with respect to hearings due to be held after the end of the transition period.

(3) In this section and section 99, transition period means the period starting on the commencement date and ending on the date that is 3 months after the commencement date.

(1) Before the commencement date, the chief executive may, with respect to any hearing by the Board that is due to be held during the transition period (defined in section 98(3)), take any administrative steps that are necessary or desirable to ensure that, after the commencement date, the Board will be able to conduct the hearings as required by this Act, including—

• (a) arranging for reports to be provided to the Board as required by section 43(1); and

• (b) giving notice as required by section 43(2) and (3); and

• (c) providing victims who request information (as permitted under section 44) with that information; and

• (d) fixing times for attended hearings and giving notice as required by section 45(7)(b) and (c).

(2) After the commencement date, any power exercised by the chief executive under subsection (1) is deemed to have been exercised by the Board.

(1) This section applies to an offender who is subject to a pre-cd sentence and to an order made under section 77B of the Criminal Justice Act 1985 that the offender must not associate with any specified person or with persons of any specified class (a non-association order).

(2) When an offender to whom this section applies is released under this Part, he or she is subject to the non-association order imposed by the court in addition to the conditions imposed by the Board as if, for all purposes, the order were a release condition imposed by the Board.

(3) The offender or a probation officer may apply to the Board for the variation or discharge of a non-association order as if the order were a special condition imposed under this Part.

For the purposes of this Part, a sentence of corrective training imposed under the Criminal Justice Act 1985 is deemed to be a short-term sentence of imprisonment.

(1) This section applies if,—

• (a) before the commencement date, an order was made under section 21A(1) of the Criminal Justice Act 1985 suspending a sentence of imprisonment; and

• (b) after the commencement date, an order is made under section 21A(4) of that Act (as continued for this purpose by section 155 of the Sentencing Act 2002) bringing the suspended sentence into effect.

(2) For the purposes of sentence calculation, the start date of the suspended sentence is the date on which the order under section 21A(4) of the Criminal Justice Act 1985 is made, and the sentence is deemed to be a short-term sentence imposed after the commencement date.

(1) The purpose of section 104 is to provide a special form of release for offenders who are subject to long-term pre-cd sentences and whose release would otherwise be delayed as a result of the operation of subparts 2 and 3.

(2) By way of explanation, the effect of section 104 is that, if it applies to an offender, the Board is obliged to release the offender on parole at his or her final release date, but the offender is subject to release conditions, and is liable to recall until his or her statutory release date.

(1) An offender who is detained under a long-term pre-cd sentence must be released from detention on his or her final release date, subject to the provisions of this section.

(2) If the offender's final release date is also his or her statutory release date, the offender must be released under subpart 2, and not under this section.

(3) An offender must not be released under this section if, on his or her final release date,—

• (a) the offender is also subject to a sentence of imprisonment imposed after the commencement date that has a release date that is later than the offender's statutory release date as it was at the commencement date; or

• (b) the offender is subject to an order under section 107, or an application for such an order, or an application under section 105 of the Criminal Justice Act 1985.

(4) If subsection (3) ceases to apply to an offender, the offender must be released under this section on his or her final release date or, if that date has passed, on a date set by the Board that is as soon as practicable after it and that is not a non-release day.

(5) The following sections apply to an offender who is released under this section:

• (a) sections 7 to 16:

• (b) section 17, as if the offender were being released at his or her statutory release date:

• (c) sections 29 to 32, as if the offender were being released on parole:

• (d) sections 42 to 50, as if the offender were being considered for release on parole:

• (e) sections 51 to 54, as if the offender were being released at his or her statutory release date:

• (f) sections 56 to 73, as if the offender had been released on parole.

(6) A reference in this Act or any other enactment to an offender released on parole includes a reference to an offender released under this section.

(1) The final release date of an offender who is subject to a pre-cd sentence must be determined under section 91 of the Criminal Justice Act 1985, but any date so determined may be varied in accordance with section 106.

(2) If, after a final release date has been varied in accordance with section 106, it appears that the original date determined under the Criminal Justice Act 1985 should be amended (for instance, because a sentence is quashed, or an error in the determination is discovered), then the original determination may be amended and, if necessary, section 106 applies to the amended determination.

(1) If, after the commencement date, an offender who is subject to a long-term pre-cd sentence is sentenced to a new concurrent sentence whose release date falls between the offender's final release date and his or her original statutory release date (being the offender's statutory release date as it was at the commencement date), the offender's final release date becomes the release date of the new sentence; and if the offender becomes subject to more than 1 such new sentence, the final release date becomes the release date of the new sentence that has the latest release date.

(2) If, after the commencement date, an offender who is subject to 1 or more long-term pre-cd sentences is sentenced to a sentence that is directed to be served cumulatively on one of the pre-cd sentences, the offender's final release date—

• (a) is cancelled if the resulting notional single sentence is a short-term sentence; or

• (b) if the resulting notional single sentence is a long-term sentence, becomes the date that is calculated by—

  • (i) taking the period between the final release date of the earlier sentence and the expiry date of that sentence; and

  • (ii) deducting that period from the sentence expiry date of the notional single sentence.

(3) When subsection (2)(b) applies, if the notional single sentence is subsequently revised (by extending or reducing the notional single sentence), the offender's final release date—

• (a) is cancelled if the revised notional single sentence is a short-term sentence; or

• (b) must be calculated by deducting the period referred to in subsection (2)(b)(i) from the expiry date of the revised notional single sentence.

(4) Subsection (1) may not be applied if the result would be to extend the offender's final release date to a date that is later than his or her original statutory release date.

(5) None of subsection (1), subsection (2), or subsection (3) may be applied if the result would be to make the offender's final release date earlier than it was before the subsection was applied to it.

(6) The final release date of an offender who is subject to a long-term pre-cd sentence is cancelled, and section 104(1) therefore ceases to apply, if the offender is recalled under a final recall order from parole, home detention (directed by the Board before the commencement of section 72 of the Parole Amendment Act 2007 or in accordance with that section), or compassionate release.

(1) This section applies to an offender who is subject to a determinate pre-cd sentence for a specified offence (as defined in subsection (9)).

(2) The chief executive may apply to the Board at any time before the offender's final release date for an order that the offender not be released before the applicable release date (as defined in subsection (9)).

(3) The Board must make the order if it is satisfied that the offender would, if released before the applicable release date, be likely to commit a specified offence between the date of release and the applicable release date.

(4) A copy of the application under subsection (2), and a copy of any report submitted to the Board, must be given to the offender at least 14 days before the application is to be considered, and the offender must be given an opportunity to appear before the Board and state his or her case in person or by counsel.

(5) If the Board makes an order, it must state its reasons in writing and give a copy of the order and the reasons to the offender or to his or her counsel.

(6) An order made under this section must be reviewed by the Board at least once in every 6 months following the making of the order, and subsection (4) applies to every review, with all necessary modifications.

(7) On a review, the Board must revoke the order if it is no longer satisfied that the test in subsection (3) is met; and if it revokes the order, the Board must determine the release conditions that will apply to the offender on release.

(8) An order made under this section expires on the applicable release date, unless revoked earlier under subsection (7).

(9) In this section,—