1 or both of the following special conditions that require the offender to reside with, or result in the offender residing with, the provider of the programme:

(i)

a condition referred to in section 15(3)(a) relating to the offender’s place of residence:

(ii)

a condition referred to in section 15(3)(ab) relating to residential restrictions.

(2)

The Board must review the conditions at least once every 2 years during the period when the conditions are concurrently imposed on the offender.

(3)

Before a review under this section,—

(a)

the chief executive must make a recommendation to the Board on whether—

(i)

all of the conditions are still appropriate; or

(ii)

1 or more of the conditions should be discharged or varied and, if applicable, how those conditions should be discharged or varied; and

(b)

the Board must advise the offender that a review is to take place and that the offender may make a written submission to the Board; and

(c)

the Board may seek any other relevant information from any other person it considers has, or may have, an interest in the review.

(4)

The review may be determined without the Board hearing from any person, unless the Board—

(a)

wishes to hear from any person orally; or

(b)

is contemplating making the conditions more onerous, in which case the Board must give the offender an opportunity to appear before the Board.

(5)

In determining whether to confirm, discharge, or vary any of the conditions, the Board must consider all relevant matters, including whether the condition requiring the offender to participate in a programme—

(a)

continues to offer the offender rehabilitation and reintegration that reduce the risk of further offending by the offender (see section 15(3)(b)); and

(b)

does not require that the offender be, or result in the offender being, supervised, monitored, or subject to other restrictions, for longer each day than is necessary to ensure the offender’s attendance at classes or participation in other activities associated with the programme (see section 107K(3)(bb)(i)).

(6)

Section 58(4) applies if the Board directs the variation or discharge of any of the conditions.

(7)

If time ceases to run on the offender’s extended supervision order for a period under section 107P, the time for completing a review under subsection (2) is extended for the same period.

Part 2 Other amendments

6 Schedule 1 amended

In Schedule 1,—

(a)

insert the Part set out in the Schedule of this Act as the last Part; and

(b)

make all necessary consequential amendments.

Schedule New Part 2 inserted into Schedule 1

s 6

Part 2 Provisions relating to Parole Amendment Act 2023

4 Interpretation

In this Part,—

amendment Act means the Parole Amendment Act 2023

programme condition means a condition requiring an offender to participate in a programme to reduce the risk of further offending by the offender through the rehabilitation and reintegration of the offender (see section 15(3)(b))

residential condition means 1 or both of the following special conditions:

(a)

a condition relating to an offender’s place of residence (see section 15(3)(a)):

(b)

a condition imposing residential restrictions (see section 15(3)(ab)).

5 Validation of special conditions relating to programmes

(1)

This clause applies if,—

(a)

before it commences,—

(i)

a sentencing court imposes (under section 107IA), or the Board imposes (under section 107K), on an offender who is subject to an extended supervision order the following special conditions:

(A)

a residential condition; and

(B)

a programme condition; and

(ii)

those special conditions have not expired or been discharged; and

(b)

taken together, the special conditions require the offender to reside with, or result in the offender residing with, the provider of the programme in which the offender is required to participate.

(2)

Any programme condition referred to in subclause (1) that would have been determined as invalid under section 107K(3)(bb)(ii) is to be treated as valid if it could have been validly imposed had the amendment Act been in force at the time it was imposed.

(3)

The programme condition is valid from when it was imposed.

6 Validation of actions taken in respect of special conditions relating to programmes

(1)

An action taken by any person before this clause commences for the purpose of ensuring any programme condition referred to in clause 5(1) was complied with is valid if the action could have been validly taken had the amendment Act been in force at the time the action was taken.

(2)

The action is valid from when it was taken.

Legislative history

30 August 2023		Introduction (Bill 287–1), first reading, second reading, committee of the whole House, third reading
31 August 2023		Royal assent

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

Parole Amendment Act 2023