New Zealand Legislation: Acts
Acts are laws made by Parliament
The following section is inserted after section 40:
“40A Applications for home detention during epidemic
“(1) This subsection applies to an application for home detention if section 33(4) has the effect of requiring the Board to consider 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 whose applications for home detention should, by virtue of section 33(4), have been considered before it.
“(2) In relation to an application for home detention to which subsection (1) applies, it is a sufficient compliance with section 33(4) if the Board considers it as soon after it 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 applications for home detention that have not yet been considered:
“(e) the number and seriousness of the other matters pending before the Board.
“(4) In deciding the order in which it should consider applications for home detention that, by virtue of subsection (2), may be considered 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 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.”
