Returning Offenders (Management and Information) Act 2015

If you need more information about this Act, please contact the administering agency: Ministry of Justice

Version as at 28 February 2023

Coat of Arms of New Zealand

Returning Offenders (Management and Information) Act 2015

Public Act
 
2015 No 112
Date of assent
 
18 November 2015
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.

Contents

1Title
2Commencement
Part 1
Preliminary provisions
3Purpose
3AAct’s provisions apply retrospectively
3BAct’s provisions override inconsistent other law
4Interpretation
5Transitional, savings, and related provisions
6Act binds the Crown
Part 2
Returning offenders: management and information
Subpart 1—Returning offenders
7Who is returning offender
Taking identifying particulars from returning offenders
8Purpose of obtaining information for use by Police for any lawful purpose
9Police may request returning offender to provide identifying particulars
10Police may detain returning offender for purpose of taking identifying particulars
11Police may take identifying particulars
12Storage, etc, on Police information recording system of identifying particulars
13Offence of failing to comply with constable’s direction
Obtaining bodily samples from returning offenders
14Criminal Investigations (Bodily Samples) Act 1995 applies to certain returning offenders
15Express modification of Part 3 of 1995 Act
Subpart 2—Returning prisoners
General
16Who is returning prisoner
17Criteria for determination that person is returning prisoner
Commissioner’s determination that person is returning prisoner
18Time for Commissioner to determine that person is returning prisoner
18ANotice and right to be heard
19Determination notice
20Content of determination notice
21Entry to premises to serve determination notice
22Review of Commissioner’s determination
23Review does not suspend release conditions
23ACommissioner must revoke determination if conviction overturned, or person pardoned, for overseas jurisdiction offence
Consequences of determination as returning prisoner
24Returning prisoner subject to standard release conditions
25Returning prisoner must comply with standard release conditions
26Returning prisoner must comply with special conditions imposed by court
27Interim special conditions
28Court may vary or discharge release conditions
29Effect of subsequent sentence of imprisonment
30When release conditions end
31Offence to breach release conditions
Subpart 3—Returning offender who returns to New Zealand more than 6 months after release from custody
32Who subpart applies to
33Court may impose conditions on returning offender
34Sections 26 to 31 apply to returning offender to whom this subpart applies
34AApplication to court to revoke conditions imposed if conviction overturned, or person pardoned, for overseas jurisdiction offence
Subpart 4—Amendments to other Acts and review
[Repealed]
35Parole Act 2002 amended [Repealed]
36Public Safety (Public Protection Orders) Act 2014 amended [Repealed]
37Review by select committee [Repealed]
Schedule 1
Transitional, savings, and related provisions
Notes

The Parliament of New Zealand enacts as follows: