Parole Act 2002

43 Preparation for hearings

(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[Repealed]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 Oranga Tamariki 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[Repealed]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 in, or on leave from, 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.

(2A)

When, under subsection (2)(b), the Board gives notice to a victim that a hearing is pending, the Board must also prepare and send to the victim an explanation of the hearing process and how the victim may participate in that process.

(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, the substantive matter to be decided.

(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.

Compare: 1985 No 120 s 106

Section 43 heading: replaced, on 2 September 2015, by section 17(1) of the Parole Amendment Act 2015 (2015 No 4).

Section 43(1): amended, on 1 October 2007, by section 23(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 43(1)(c): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 43(1)(d): repealed, on 1 October 2007, by section 23(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 43(1)(ea): inserted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 43(1)(f): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 43(2)(c): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 43(2)(d): repealed, on 1 October 2007, by section 23(2) of the Parole Amendment Act 2007 (2007 No 28).

Section 43(2)(e): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 43(2)(ea): inserted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 43(2A): inserted, on 6 December 2014, by section 5 of the Parole Amendment Act 2014 (2014 No 37).

Section 43(5): replaced, on 2 September 2015, by section 17(2) of the Parole Amendment Act 2015 (2015 No 4).