Parole Act 2002

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Version as at 16 August 2022

Parole Act 2002

Public Act		2002 No 10
Date of assent		5 May 2002
Commencement		see section 2

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice and the Department of Corrections.

1	Title
2	Commencement
	Part 1 Parole and other release from detention
	Subpart 1—Preliminary provisions relating to parole and other release from detention
3	Purpose
4	Interpretation
4A	Transitional, savings, and related provisions
5	Act binds the Crown
	Subpart 2—Release
	General provisions
6	Overview of release
7	Guiding principles
8	Part applies to all offenders
9	Application of Part to persons subject to term of imprisonment
10	Application to offenders detained in hospital or secure facility
11	Application of Part to offenders detained in social welfare residence
12	This Part subject to other orders
13	General rules about information to be given to offenders
13AA	Application for confidentiality order
13AB	Making of confidentiality order
13AC	Effect of confidentiality order
13AD	If confidentiality order not made
13AE	Variation or rescission of confidentiality order
13A	Procedure of Board during epidemic
	Conditions
14	Standard release conditions
14A	Purpose of collecting biometric information under section 14(1)(fb)
15	Special conditions
15A	Electronic monitoring
16	Programmes
	Drug or alcohol conditions
16A	Imposition, and effect, of drug or alcohol condition
16B	Offender with drug or alcohol condition may be required to undergo testing or submit to continuous monitoring
16C	How notice of requirement to undergo testing or to submit to continuous monitoring may be given
16D	Where prescribed testing procedure may be carried out
16E	Information obtained from drug and alcohol testing or monitoring
	Release at statutory release date
17	Release at statutory release date
18	Conditions applying to release at statutory release date
19	Special provision for offenders sentenced to short-term sentences while on parole
	Parole
20	Parole eligibility date
21	Consideration for parole of offenders detained in prison
21A	Board must specify date by which offender must be further considered for parole
22	Date of hearings
23	No consideration for parole of offenders on compassionate release
24	Consideration of offenders unlawfully at large when due to be considered for parole
25	Early referral and consideration for parole
26	Other times when Board may consider offenders for parole
27	Board may make postponement order
27A	Procedure for making postponement order
27B	Consideration of offenders for parole during epidemic
28	Direction for release on parole
29	Standard release conditions
29AA	Special release conditions
29A	Release conditions for person to whom extended supervision order applies
29B	Board may monitor compliance with conditions
30	Release conditions applying to offenders detained in hospital or secure facility who are released on parole
31	When release conditions discharged or suspended
32	When parole ends
	Residential restrictions
33	Residential restrictions
34	Prior report on suitability of residential restrictions
35	Residential restrictions only to be imposed if residence suitable and occupants consent
36	Chief executive may approve alternative residence pending determination of application for variation of residential restrictions
37	Expiry and revocation of direction for home detention [Repealed]
38	Residential restrictions do not affect entitlements under Social Security Act 2018
39	When detention conditions suspended or cancelled [Repealed]
40	When home detention ends [Repealed]
40A	Applications for home detention during epidemic [Repealed]
	Compassionate release
41	Board may direct early release on compassionate grounds
	Procedures for certain hearings
42	Application of procedures set out in sections 43 to 50
43	Preparation for hearings
43A	Consultation and disclosure necessary to provide reports
44	Information for victims
45	Decision on type of hearing [Repealed]
46	Review of decision on type of hearing [Repealed]
47	Interviews before hearings [Repealed]
48	Unattended hearings [Repealed]
49	Hearings
49A	Adjournment to obtain further information
49B	Hearing to impose release conditions
50	Decisions must be notified
50A	Submissions from, and interviews with, certain victims
50B	Decisions to be notified to certain victims
	Actual release
51	Date of release
52	Release of offenders released at statutory release date
53	Licence issued on release
54	Police must be advised
55	Offenders may be released early for deportation
55A	Implementation of early release for deportation
55B	Offenders released early remain offenders under New Zealand law
	Variation and discharge of conditions
56	Application for variation or discharge of conditions
56A	Application of section 56 during epidemic
57	Procedure for determining applications
58	Board determines application for variation or discharge
	Recall
59	Definition of recall application
60	Making recall application
61	Grounds for recall
62	Making interim recall order
63	What happens when interim recall order made
64	What happens if no interim recall order made
65	Procedure for determining recall applications
65A	Application of section 65 during epidemic
66	Board may make final recall order
66A	Protection of constables
	Reviews and appeals from decisions
67	Review of decisions
68	Appeal to High Court against postponement orders, section 107 orders, and final recall orders
69	Procedure on appeal against postponement orders, section 107 orders, and final recall orders
70	Powers of court on appeal
	Offences
71	Offence to breach conditions
71A	Offences related to drug or alcohol conditions
72	Offence to refuse entry to residence specified under residential restrictions
72A	Offence to refuse authorised person entry for certain purposes related to continuous monitoring
	Arrest of offenders
73	Arrest without warrant
73A	Power to enter premises to arrest
	Regulations
74	Regulations
	Rules
74A	Rules about drug and alcohol testing and monitoring
74B	Further provisions concerning rules about drug and alcohol testing and monitoring
74C	Availability of rules about drug and alcohol testing and monitoring, and status under Legislation Act 2012 [Repealed]
	Subpart 3—Sentence calculation
	Cumulative sentences
75	Cumulative sentences form notional single sentence
	Start date of sentence of imprisonment
76	General rules about start date of sentence of imprisonment
77	Start date of notional single sentence
78	Deferred start date
79	Start date if later sentence replaces original sentence
80	Start date after temporary surrender to New Zealand
81	Start date of sentence of imprisonment when term imposed
	Sentence expiry dates
82	Sentence expiry date
83	Sentence expiry date of pre-cd sentence
	Non-parole periods
84	Non-parole periods
85	Pre-cd sentences do not have non-parole periods
	Release dates
86	Release date of sentence
87	Release date of pre-cd sentence
	Determining key dates
88	Chief executive must determine key dates, etc
	Determining how much time has been served
89	Determining time served
90	Period spent in pre-sentence detention deemed to be time served
91	Meaning of pre-sentence detention
92	Procedure for recording length of pre-sentence detention
93	Definition of extradition offender and ICC offender and MACM offender
94	Time ceases to run in certain circumstances
95	Time on bail pending appeal does not count as time served
96	Period between quashed sentence and new sentence does not count as time served
	Subpart 4—Transitional arrangements for offenders subject to pre-cd sentences
	General rules
97	Application of this Part to offenders subject to pre-cd sentences
98	Transitional provisions for hearings within 3 months after commencement date
99	Chief executive may exercise certain powers before commencement date
100	Offenders subject to non-association orders
101	Corrective training deemed to be short-term sentence
102	Suspended sentences
	Release at final release date
103	Purpose and effect of section 104
104	Release at final release date
105	Calculation of final release dates
106	Variation and cancellation of final release dates
107	Order that offender not be released
	Part 1A Extended supervision orders
	Preliminary
107A	Overview of Part
107B	Meaning of relevant offence, relevant sexual offence, and relevant violent offence
107C	Meaning of eligible offender
107D	Meaning of sentencing court
107E	Obligation to assess eligible offenders [Repealed]
	Application for, and making of extended supervision orders
107F	Chief executive may apply for extended supervision order
107FA	Sentencing court may make interim supervision order
107G	Procedure following application for extended supervision order
107GAA	Procedure where hearing contingent on outcome of PPO application
107GA	Application of section 107G during epidemic
107H	Hearings relating to extended supervision orders
107I	Sentencing court may make extended supervision order
107IAA	Matters court must be satisfied of when assessing risk
107IAB	Chief executive may apply for imposition of intensive monitoring condition
107IAC	Court may order imposition of intensive monitoring condition
107IA	Court may impose special conditions on interim basis
	Nature of extended supervision order
107J	Conditions of extended supervision order
107JA	Standard extended supervision conditions
107JB	Purpose of collecting biometric information under section 107JA(1)(eb)
107K	Board may impose special conditions
107L	Commencement and expiry of extended supervision order
	Cancellation, variation, and suspension
107M	Sentencing court may cancel extended supervision order
107N	Extension of short extended supervision order [Repealed]
107O	Board may vary conditions of extended supervision order
107P	Suspension of conditions of extended supervision order
107Q	Effect of new sentence on offender subject to extended supervision order
	Appeals and reviews
107R	Appeals against decisions of sentencing court
107RA	Review by court
107RB	Biennial review of high-impact conditions
107S	Review of Board decisions
	Miscellaneous provisions
107T	Offence to breach extended supervision order or interim supervision order
107TA	Offences related to drug or alcohol conditions
107U	Rules about court practice and procedure
107V	Additional victim notification
107W	Information about victims not to be disclosed
107X	Application of Legal Services Act 2000
	Transitional measures
107ZA	Extension of certain orders that are in force before this section comes into force
107ZB	Modification of conditions on extended supervision orders in force before this section comes into force
107Y	Definitions [Repealed]
107Z	Applications in respect of transitional eligible offenders to be made within first 6 months after commencement [Repealed]
	Part 2 New Zealand Parole Board and amendments to other enactments relating to parole and release generally
	Establishment of Board
108	New Zealand Parole Board established
109	Functions of Board
110	Department of Corrections to provide administrative and training support to Board
	Membership of Board
111	Membership of Board
112	Chairperson of Board
113	Delegation of chairperson’s functions, powers, and duties
114	Panel convenors
	How Board performs its functions
115	Parole panels
116	Decisions of Board
117	Information before Board
117A	Board may regulate own procedure
118	Avoiding actual or perceived bias
	Summoning witnesses
118A	Power to summon witnesses
118B	Service of summons
118C	Protection of witnesses
118D	Offences
	Attendance at hearings
118E	Attendance at hearings
	General provisions about Board and members
119	Annual report
120	Term of appointment, and reappointment
121	Members ceasing to hold office
122	Remuneration and expenses of members
123	Immunity of members
124	Abolition of Parole Board and District Prisons Boards
	Acts amended
125	Acts amended
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Amendments to other enactments
	Parole Amendment Act 2007
	Notes

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