Pitcairn Trials Act 2002

66 Expiry of enforcement orders

(1)

An enforcement order in respect of an offender who is subject to a sentence of imprisonment expires on the date after the offender’s release on which any release conditions to which he or she is subject cease to apply, unless subsection (5) applies.

(2)

An enforcement order in respect of an offender who is subject to a community-based sentence expires on the date specified by a probation officer in a notice to the chief executive of the Department of Corrections that identifies the date on which the offender has completed the community-based sentence.

(3)

An enforcement order in respect of a person who is subject to a hospital order expires,—

(a)

in the case of a person who was found by a Pitcairn Court to be unfit to plead, when the Attorney-General directs, under section 116 of the Criminal Justice Act 1985, that the person either be brought before the appropriate court or be held as a patient, rather than as a special patient:

(b)

in the case of a person who was acquitted on the grounds of insanity, when the person is discharged under section 117 of the Criminal Justice Act 1985 or a direction is given under that section for the person to be held as a patient, rather than as a special patient.

(4)

The fact that a person is still subject to an enforcement order does not, of itself, give the person a right to remain in New Zealand, and the person may be required under the Immigration Act 2009 to leave New Zealand even if he or she is still subject to release conditions.

(5)

If a person who is subject to an enforcement order is required under the Immigration Act 2009 to leave New Zealand, then, despite anything in this section, the enforcement order expires on the date that the person leaves the country as required under the Immigration Act 2009.

Section 66(4): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 66(5): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).