Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698752342797.pdf (New Zealand)
Reprint as at 4 April 2009 Parole Act 2002 Public Act Date of assent Commencement 2002 No 10 5 May 2002 see section 2 Contents Title Commencement Part 1 Parole and other release from detention Subpart 1—Preliminary provisions relating to parole and other release from detention Purpose Interpretation Act binds the Crown Subpart 2—Release General provisions Overview of release Guiding principles Part applies to all offenders Application of Part to persons subject to term of imprisonment Page 8 8 8 9 13 13 14 15 15 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice and the Department of Corrections.
1 Parole Act 2002 Reprinted as at 4 April 2009 10 11 Application to offenders detained in hospital or secure facility Application of Part to offenders detained in social welfare residence This Part subject to other orders General rules about information to be given to offenders 12 13 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 Procedure of Board during epidemic 13A Conditions 14 15 15A 16 Standard release conditions Special conditions Electronic monitoring Programmes Release at statutory release date Release at statutory release date Conditions applying to release at statutory release date Special provision for offenders sentenced to short-term sentences while on parole Parole Parole eligibility date Consideration for parole of offenders detained in prison Date of hearings No consideration for parole of offenders on compassionate release Consideration of offenders unlawfully at large when due to be considered for parole Early referral and consideration for parole Other times when Board may consider offenders for parole Postponement of consideration for parole Consideration of offenders for parole during epidemic Direction for release on parole Release conditions applying to parole Release conditions for person to whom extended supervision order applies Board may monitor compliance with conditions 26 27 27A 28 29 29A 29B Reprinted as at 4 April 2009 Parole Act 2002 30 31 32 33 34 35 36 37 38 39 40 40A Release conditions applying to offenders detained in hospital or secure facility who are released on parole When release conditions discharged or suspended When parole ends Residential restrictions Residential restrictions Prior report on suitability of residential restrictions Residential restrictions only to be imposed if residence
 suitable and occupants consent Detention conditions [Repealed] Expiry and revocation of direction for home detention [Repealed] Residential restrictions do not affect entitlements under Social Security Act 1964 When detention conditions suspended or cancelled [Repealed] When home detention ends [Repealed] Applications for home detention during epidemic [Repealed] Compassionate release 41 Board may direct early release on compassionate grounds Procedures for certain hearings Application of procedures set out in sections 43 to 50 Start of process Consultation and disclosure necessary to provide reports Information for victims Decision on type of hearing Review of decision on type of hearing Interviews of offender before hearings Unattended hearings Attended hearing Decisions must be notified Submissions from, and interviews with, certain victims Decisions to be notified to certain victims Actual release Date of release Release of offenders released at statutory release date Licence issued on release Police must be advised 42 43 43A 44 45 46 47 48 49 50 50A 50B Parole Act 2002 Reprinted as at 4 April 2009 55 Release for purpose of deportation 56 56A 57 58 59 60 61 62 63 64 65 65A 66 66A 67 68 69 70 71 72 Variation and discharge of conditions Application for variation or discharge of conditions Application of section 56 during epidemic Procedure for determining applications Board determines application for variation or discharge Recall Definition of recall application Making recall application Grounds for recall Making interim recall order What happens when interim recall order made What happens if no interim recall order made Procedure for determining recall applications Application of section 65 during epidemic Board may make final recall order Protection of constables Reviews and appeals from decisions Review of decisions Appeal to High Court against postponement
 orders, section 107 orders, and final recall orders Procedure on appeal against postponement orders, section 107 orders, and final recall orders Powers of court on appeal Offences Offence to breach conditions Offence to refuse entry to residence specified under residential restrictions Arrest of offenders 73 73A Arrest without warrant Power to enter premises to arrest Regulations 74 Regulations Subpart 3—Sentence calculation Cumulative sentences 75 Cumulative sentences form notional single sentence 4 56 58 59 59 60 61 61 61 62 63 64 64 65 66 67 68 69 69 70 71 71 72 73 73 74 Reprinted as at 4 April 2009 Parole Act 2002 Start date of sentence of imprisonment General rules about start date of sentence of imprisonment Start date of notional single sentence Deferred start date Start date if later sentence replaces original sentence Start date after temporary surrender to New Zealand Start date of sentence of imprisonment when term imposed Sentence expiry dates Sentence expiry date Sentence expiry date of pre-cd sentence Non-parole periods Non-parole periods Pre-cd sentences do not have non-parole periods Release dates Release date of sentence Release date of pre-cd sentence 76 77 78 79 80 81 82 83 84 85 86 87 88 Chief executive must determine key dates, etc Determining key dates 89 90 91 92 93 94 95 96 Determining how much time has been served Determining time served Period spent in pre-sentence detention deemed to be time served Meaning of pre-sentence detention Procedure for recording length of pre-sentence detention Definition of extradition offender and ICC offender and MACM offender Time ceases to run in certain circumstances Time on bail pending appeal does not count as time served 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 74 75 75 75 75 76 76 76 77 78 78 78 78 79 79 80 82 83
 84 85 85 86 5 Parole Act 2002 Reprinted as at 4 April 2009 98 99 100 101 102 103 104 105 106 107 Transitional provisions for hearings within 3 months after commencement date Chief executive may exercise certain powers before commencement date Offenders subject to non-association orders Corrective training deemed to be short-term sentence Suspended sentences Release at final release date Purpose and effect of section 104 Release at final release date Calculation of final release dates Variation and cancellation of final release dates Order that offender not be released Part 1A Extended supervision orders Preliminary 107A Overview of Part 107B Meaning of relevant offence 107C Meaning of eligible offender 107D Meaning of sentencing court 107E Obligation to assess eligible offenders Application for, and making of extended supervision orders 107F Chief executive may apply for extended supervision order 107G Procedure following application for extended supervision order 107GA Application of section 107G during epidemic 107H Hearings relating to extended supervision orders 107I 107IA Court may impose special conditions on interim basis Sentencing court may make extended supervision order Nature of extended supervision order 107J Conditions of extended supervision order 107JA Standard extended supervision conditions 107K Board may impose special conditions 107L Commencement and expiry of extended supervision order Cancellation, extension, variation, and suspension of extended supervision orders or conditions 88 88 88 89 89 89 90 91 91 92 94 95 98 99 99 99 100 102 103 104 105 106 106 107 109 107M Sentencing court may cancel extended supervision order 110 6 Reprinted as at 4 April 2009 Parole Act 2002 107N Extension of short extended supervision order 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 107S Review of Board decisions Miscellaneous provisions 107T Offence to breach extended supervision order 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 107Y Definitions 107Z Applications in respect of transitional eligible offenders to be made within first 6 months after commencement Part 2 New Zealand Parole Board and amendments to other enactments relating to parole and release generally Establishment of Board New Zealand Parole Board established Functions of Board Department of Corrections to provide administrative and training support to Board Membership of Board Membership of Board Chairperson of Board Delegation of chairperson’s functions, powers, and duties Panel convenors How Board performs its functions 108 109 110 111 112 113 114 Parole panels 115 Decisions of Board 116 117 Information before Board 117A Board may regulate own procedure 118 Avoiding actual or perceived bias 111 112 112 113 114 114 115 115 115 115 116 116 116 117 117 119 119 120 121 121 122 122 123 123 123 7 s 1 Parole Act 2002 Reprinted as at 4 April 2009 Summoning witnesses 118A Power to summon witnesses 118B Service of summons 118C Protection of witnesses 118D Offences General provisions about Board and members Annual report Term of appointment, and reappointment 119 120 121 Members ceasing to hold office 122 123 124 Remuneration and expenses of members Immunity of members Abolition of Parole Board and District Prisons Boards 125 Acts amended Acts amended Schedule Amendments to other enactments 124 124 125 125 126 126 126 127 127 127 128 129 Title This Act is the Parole Act 2002.
Commencement This Act, except section 99, comes into force on a date to be appointed by the Governor-General by Order in Council.

Section 99 comes into force on the day after the date on which this Act receives the Royal assent.

Section 2(1): Parole Act 2002 (except section 99) brought into force, on 30 June 2002, by the Parole Act Commencement Order 2002 (SR 2002/177).
Part 1 Parole and other release from detention Subpart 1—Preliminary provisions relating to parole and other release from detention Purpose The purpose of this Act is to reform the law relating to the release from detention of offenders serving sentences of im- 1 2 (1) (2) 3 8 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 4 4 (1) prisonment, and to replace the provisions of Parts 4 and 6 of the Criminal Justice Act 1985.
Interpretation In this Act, unless the context otherwise requires,— Board means the New Zealand Parole Board established under section 108; and includes a panel of the Board, a panel convenor, and the chairperson acting within their respective jurisdictions chairperson means the chairperson of the Board appointed under section 112 chief executive means the chief executive of the Department of Corrections commencement date means the date specified in section 2(1) compassionate release means release under section 41 determinate sentence means a sentence of imprisonment for a fixed term epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006 stating that the application of this Act is modified in order to deal with the practical effects of the outbreak of the disease referred to in the notice extended supervision order means an order made under sec- tion 107I final recall order means a final recall order made under sec- tion 66 final release date means the final release date of a pre-cd sen- tence, or the final release date of an offender who is subject to a pre-cd sentence, as determined under Parts 4 and 6 of the Criminal Justice Act 1985 and varied (if applicable) under sec- tion 106 of this Act hospital means a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 indeterminate sentence means a sentence of imprisonment that is imprisonment for life or preventive detention interim recall order means an interim recall order made under section 62 9 Part 1 s 4 Parole Act 2002 Reprinted as at 4 April 2009 key date, in relation to a sentence of imprisonment, means the start date, sentence expiry date, and release date of the sentence long-term sentence means a sentence of imprisonment that is— (a) a determinate sentence of more than 24 months imposed on or after the commencement date; or a notional single sentence of more than 24 months; or an indeterminate sentence imposed before, on, or after the commencement date; or in the case of
 a pre-cd sentence, a sentence of more than 12 months (b) (c) (d) non-parole period means the term within, or proportion of, a long-term sentence during which the offender who is subject to the sentence is not eligible to be released on parole from the sentence non-release day means a Thursday, a Friday, a Saturday, a Sunday, Christmas Day, Boxing Day, New Year’s Day, the second day of January, Waitangi Day, Easter Monday, Anzac Day, the Sovereign’s birthday, Labour Day, and, in respect of release from a particular place, the anniversary day of the region in which that place is situated notional single sentence means the notional single sentence of imprisonment that is created when one determinate sentence is directed to be served cumulatively on another determinate sentence (see section 75) parole eligibility date means the date on and after which an offender who is subject to 1 or more long-term sentences of imprisonment is eligible to be released on parole (see section 20) postponement order means an order made under section 27 that postpones the date of an offender’s next parole hearing pre-cd sentence means a sentence of imprisonment that is im- posed before the commencement date prison means a prison established or deemed to be established under the Corrections Act 2004 10 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 4 release conditions means the standard release conditions and any special conditions imposed by the Board or the sentencing court and that apply to an offender released from detention release date means, in relation to a determinate sentence of imprisonment, the date on which the offender who is subject to the sentence ceases to be liable to be recalled to continue serving that sentence in a prison (see sections 86 and 87) residential restrictions means the special conditions de- scribed in section 33 secure facility means a secure facility within the mean- ing of the Intellectual Disability (Compulsory Care and Rehabilitation) Act
 2003 sentence expiry date means the date on which the offender who is subject to the sentence has served its full term and there- fore ceases to be subject to it (see sections 82 and 83) sentence of imprisonment— (a) includes, in relation to a pre-cd sentence, preventive detention and corrective training; but does not include a sentence of imprisonment imposed under the Armed Forces Discipline Act 1971, except in section 55 (b) short-term sentence means a sentence of imprisonment that is— (a) a determinate sentence of 24 months or less imposed on or after the commencement date; or a notional single sentence of 24 months or less; or in the case of a pre-cd sentence, a sentence of 12 months or less (b) (c) special conditions means conditions of a type referred to in section 15(3), and includes residential restrictions standard extended supervision conditions means the stand- ard extended supervision conditions set out in section 107JA standard release conditions means the standard conditions of release set out in section 14 start date, in relation to a sentence of imprisonment, means the date on and from which an offender who is subject to the sentence begins to be subject to it (see sections 76 to 81) 11 Part 1 s 4 Parole Act 2002 Reprinted as at 4 April 2009 statutory release date means the date on which an offender who is subject to 1 or more sentences of imprisonment— (a) must be released from detention (see section 17); and (b) ceases to be liable to be recalled to continue serving any sentence in a prison (see sections 59 to 66) variation, in relation to the variation by the Board of release conditions, includes the suspension and addition of conditions, and the variation of their duration victim means (unless provided otherwise), in relation to an of- fender, a person who has asked for notice or advice and copies, and has given his or her current address, under section 31 of the Victims’ Rights Act 2002.
In this Act, a reference to section 2 of the Criminal Justice Act 1985, or to Part 4 or Part 6 (or any provision within those Parts) of the Criminal Justice Act 1985, is a reference to that section, Part, or provision as it was immediately before the commencement date.

Section 4(1) detention conditions: repealed, on 1 October 2007, by section 4(4) of the Parole Amendment Act 2007 (2007 No 28).
Section 4(1) epidemic management notice: inserted, on 19 December 2006, by section 4 of the Parole Amendment Act 2006 (2006 No 88).

Section 4(1) extended supervision order: inserted, on 7 July 2004, by section 3 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 4(1) home detention: repealed, on 1 October 2007, by section 4(4) of the Parole Amendment Act 2007 (2007 No 28).
Section 4(1) penal institution: repealed, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 4(1) prison: inserted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 4(1) release date: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 4(1) residential restrictions: inserted, on 1 October 2007, by section 4(2) of the Parole Amendment Act 2007 (2007 No 28).
Section 4(1) secure facility: inserted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 4(1) special conditions: amended, on 1 October 2007, by section 4(5) of the Parole Amendment Act 2007 (2007 No 28).

Section 4(1) standard detention conditions: repealed, on 1 October 2007, by section 4(4) of the Parole Amendment Act 2007 (2007 No 28).
Section 4(1) standard extended supervision conditions: inserted, on 1 Octo- ber 2007, by section 4(2) of the Parole Amendment Act 2007 (2007 No 28).

(2) 12 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 6 Section 4(1) statutory release date paragraph (b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 4(1) variation: amended, on 1 October 2007, by section 4(6) of the Parole Amendment Act 2007 (2007 No 28).
Section 4(1) victim: amended, on 17 December 2002, by section 53 of the Victims’ Rights Act 2002 (2002 No 39).

5 Act binds the Crown This Act binds the Crown.

Subpart 2—Release General provisions 6 (1) Overview of release This section is intended to give a broad overview of how and when offenders are released from detention.

It does not confer rights or impose obligations and, if there is an inconsistency between this section and any other, the other section prevails.
(2) Unless an offender has been released earlier under this Part, he or she must be released from detention on his or her statu- tory release date, and after that is no longer subject to recall.

However, offenders may be subject to release conditions after their statutory release date.

This subpart provides for 2 types of early release from a prison— (a) (b) Parole has the following characteristics: (a) parole: compassionate release.
(3) (4) it is available only to an offender who is subject to a long-term sentence: it is granted by the Board, which also imposes release conditions: an offender on parole from a determinate sentence is subject to recall at any time until his or her statutory release date: an offender on parole from an indeterminate sentence is subject to recall for life.
(b) (c) (d) (5) (6) [Repealed] Compassionate release has the following characteristics: 13 Part 1 s 7 Parole Act 2002 Reprinted as at 4 April 2009 (a) (b) it may be granted by the Board in either of 2 specific circumstances: the Board may impose release conditions, and may re- call the offender.

Section 6(3): substituted, on 1 October 2007, by section 5(1) of the Parole Amendment Act 2007 (2007 No 28).
Section 6(5): repealed, on 1 October 2007, by section 5(2) of the Parole Amend- ment Act 2007 (2007 No 28).

Guiding principles 7 (1) When making decisions about, or in any way relating to, the re- lease of an offender, the paramount consideration for the Board in every case is the safety of the community.
(a) (b) (2) Other principles that must guide the Board’s decisions are— that offenders must not be detained any longer than is consistent with the safety of the community, and that they must not be subject to release conditions that are more onerous, or last longer, than is consistent with the safety of the community; and that offenders must, subject to any of sections 13 to 13AE, be provided with information about decisions that concern them, and be advised how they may par- ticipate in decision-making that directly concerns them; and that decisions must be made on the basis of all the rele- vant information that is available to the Board at the time; and that the rights of victims (as defined in section 4 of the Victims’ Rights Act 2002) are upheld, and submissions by victims (as so defined) and any restorative justice outcomes are given due weight.
(d) (c) (3) When any person is required under this Part to assess whether an offender poses an undue risk, the person must consider both— (a) (b) the likelihood of further offending; and the nature and seriousness of any likely subsequent of- fending.

Compare: 1985 No 120 s 107A(3) Section 7(2)(a): amended, on 1 October 2007, by section 6(1) of the Parole Amendment Act 2007 (2007 No 28).
14 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 9 Section 7(2)(b): amended, on 1 October 2007, by section 6(2) of the Parole Amendment Act 2007 (2007 No 28).

Section 7(2)(d): amended, on 17 December 2002, by section 53 of the Victims’ Rights Act 2002 (2002 No 39).
8 (1) (2) (3) Part applies to all offenders This Part applies to all offenders who are subject to a sen- tence of imprisonment, including (without limitation) offend- ers who, on the commencement date, are subject to a pre-cd sentence and who (for instance)— (a) (b) are eligible for parole; or are to be released under section 104 at their final release date; or are under consideration for release on parole; or are on parole or have been given early release under section 94 of the Criminal Justice Act 1985; or are subject to an application for a recall order, or to an interim recall order or a recall order.
(c) (d) (e) Every decision about, or in any way relating to, the release of an offender that is made after the commencement date must be made under this Part unless specifically provided otherwise.

This Part does not in itself affect the validity of any decision made under Parts 4 or 6 of the Criminal Justice Act 1985 about, or in any way relating to, the release of an offender.

Section 8(1)(c): amended, on 1 October 2007, by section 7(1) of the Parole Amendment Act 2007 (2007 No 28).
Section 8(1)(d): amended, on 1 October 2007, by section 7(2) of the Parole Amendment Act 2007 (2007 No 28).
9 Application of Part to persons subject to term of imprisonment (1) Unless specifically provided otherwise, this Part applies to every person who is subject to a term of imprisonment (whether by committal, sentence, or order) for non-payment of a fine or other sum of money, disobedience of a court order, or contempt of court, as if— (a) every reference to a sentence of imprisonment included a reference to a term of imprisonment; and every reference to an offender included a reference to a person who is subject to a term of imprisonment.
(b) 15 Part 1 s 10 Parole Act 2002 Reprinted as at 4 April 2009 (2) However, in relation to an offender who is subject to a term of imprisonment for non-payment of a fine or other sum of money, this Part is subject to section 19E of the Crimes Act 1961 and to section 91(1) and (5) of the Summary Proceedings Act 1957.
10 (1) Application to offenders detained in hospital or secure facility This section applies to an offender who is detained in, or on leave from, a hospital or secure facility and who is liable to be detained— (a) in the hospital following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or under an arrangement under section 46 of that Act; or in the secure facility following an application under sec- tion 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; or in the hospital or the secure facility under an order under section 34(1)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003.
(b) (c) (2) An offender to whom this section applies must be treated for the purposes of this Part and Part 1A as if he or she were de- tained in a prison, and a reference to an offender detained in a prison is a reference to an offender detained in, or on leave from, a hospital or, as the case requires, a secure facility.
(3) However, nothing in subsection (2) derogates from any provi- sion that applies specifically to offenders to whom this section applies, and the Board and the chief executive may make spe- cial arrangements for such offenders.
(4) When an offender to whom this section applies is released under this Part, he or she must be treated in accordance with section 48(3) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or, as the case requires, section 69(3) of the Intellectual Disability (Compulsory Care and Rehabili- tation) Act 2003.

Compare: 1985 No 120 s 95 Section 10 heading: amended, on 1 September 2004, by section 51 of the Crim- inal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
16 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 13 Section 10 heading: amended, on 7 July 2004, by section 4(1) of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 10(1): substituted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 10(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 10(2): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 10(2): amended, on 7 July 2004, by section 4(2) of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 10(4): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
Application of Part to offenders detained in social welfare residence This Part applies to every offender detained under section 142A of the Criminal Justice Act 1985 in a residence approved for the purpose of that section as if the offender were detained in a prison, and a reference to an offender detained in a prison is a reference to an offender detained in such a residence.

Section 11: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
This Part subject to other orders For the avoidance of doubt, a requirement in this Part that an offender be released from detention at a certain time is subject to any order of a court or other authority of competent juris- diction that the offender be detained.
General rules about information to be given to offenders The Board must take all reasonable steps to ensure that the in- formation received by the Board on which it will make any decision relating to an offender is made available to the of- fender— (a) (b) at least 5 working days before the relevant hearing; or if that is not possible, as soon as practicable before the hearing.
11 12 13 (1) (2) Despite subsection (1), the Board must ensure that— (a) no information is given to the offender that discloses the address or contact details of any victim (as defined 17 Part 1 s 13 Parole Act 2002 Reprinted as at 4 April 2009 (b) in section 4 of the Victims’ Rights Act 2002) of the offender; and if any written submissions by a victim (as so defined) or any victim impact statements are shown to an offender, they are not retained by the offender.
(3) Despite subsection (1), the Board may, in exceptional circum- stances, order that any information referred to in that subsec- tion not be made available to an offender if, in the opinion of the relevant panel convenor, it would prejudice the mental or physical health of the offender, or endanger the safety of any person.

Subsections (2) and (3) apply despite anything in the Official Information Act 1982 or the Privacy Act 1993.
Information withheld under subsection (3) may be provided to the offender’s counsel.

(4) (5) (6) (5A) Subsection (1) does not apply to any information that may not be disclosed under a confidentiality order made under section 13AB.

Information provided or shown to an offender under this sec- tion must be used only for the purpose of assisting the offender to make submissions to the Board.
The Board must give a written copy of every order or deter- mination to the offender who is the subject of the order or de- termination, along with information about how the offender may exercise any review or appeal rights that he or she has in relation to the order or determination.
(7) (8) Any person who publishes information provided under this section in a form that identifies, or enables the identification of, a victim (as defined in section 4 of the Victims’ Rights Act 2002) commits an offence and is liable on summary conviction to,— (a) in the case of an individual, a term of imprisonment not exceeding 3 months or a fine not exceeding $2,000; and in the case of a body corporate, a fine not exceeding $10,000.
(b) Compare: 1985 No 120 ss 106A, 107 Section 13(2)(a): amended, on 17 December 2002, by section 53 of the Victims’ Rights Act 2002 (2002 No 39).

18 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 13AB Section 13(2)(b): amended, on 17 December 2002, by section 53 of the Victims’ Rights Act 2002 (2002 No 39).

Section 13(5A): inserted, on 1 October 2007, by section 8 of the Parole Amend- ment Act 2007 (2007 No 28).
Section 13(8): amended, on 17 December 2002, by section 53 of the Victims’ Rights Act 2002 (2002 No 39).

13AA Application for confidentiality order (1) The Commissioner of Police or the chief executive may apply to the chairperson or to a panel convenor for an order under section 13AB (in this section and in sections 13AB to 13AE called a confidentiality order).

(2) Despite any other enactment, the power conferred by subsec- (3) tion (1) may not be delegated.
Every application under subsection (1) must be supported by an affidavit sworn by the applicant.

Section 13AA: inserted, on 1 October 2007, by section 9 of the Parole Amend- ment Act 2007 (2007 No 28).
13AB Making of confidentiality order (1) (b) The chairperson or a panel convenor may make a confidential- ity order if satisfied— (a) that the information for which confidentiality is sought is relevant to a current matter concerning an offender; and that disclosure of the information may— (i) endanger the safety of the person who is the source of the information or of any other person; or prejudice the maintenance of the law, including the prevention, investigation, and detection of of- fences, and the right to a fair trial.
The order must identify the information that is to be kept con- fidential, and may do so by reference to 1 or more documents.
The order may— (a) forbid the disclosure or publication of the information to any person other than— (i) the members of the Board involved in consider- ing and determining the current matter; and (ii) (2) (3) 19 Part 1 s 13AC Parole Act 2002 Reprinted as at 4 April 2009 (b) (c) (ii) any officials specified in the order by name or position, being officials who require access to the information to perform their functions in relation to the Board’s determination of the current matter or the implementation of that determination: forbid the disclosure or publication (other than to the persons mentioned in paragraph (a)) of any particulars that identify, or may lead to the identification of, any person who is the source of the information: require the members of the Board involved in consid- ering and determining the current matter to receive the information in the absence of any person other than— any officials who are permitted access to the (i) information under paragraph (a)(ii) and whose presence the members consider necessary; and if the members receive the oral evidence of the person who is the source of the information, that person.
(ii) (4) (5) (6) To avoid doubt, anything that may not be disclosed or pub- lished under a confidentiality order may not be disclosed— (a) (b) to the offender; or to the offender’s counsel or other representative of the offender.

The chairperson or the panel convenor who makes the con- fidentiality order must give the order and the information to which it relates to the members of the Board who will deter- mine the current matter.
In this section and in section 13AC, current matter, in rela- tion to an offender, means a matter concerning the offender that is before the Board or is expected to come before the Board.

Section 13AB: inserted, on 1 October 2007, by section 9 of the Parole Amend- ment Act 2007 (2007 No 28).
13AC Effect of confidentiality order (1) A person commits an offence, and is liable on summary con- viction to a fine not exceeding $10,000, or to imprisonment for a term not exceeding 3 months, or to both, who intentionally contravenes a confidentiality order.
20 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 13AE (3) (2) Despite any other enactment, the Board may hear a person whose identity may not be disclosed under a confidentiality order only if it is satisfied that procedures are in place to en- sure that the hearing will not result in the disclosure of the per- son’s identity to any person who is not, in terms of the order, permitted to have access to that information.
In any court proceeding that relates to the confidentiality order or to the related current matter, a person whose identity may not be disclosed under a confidentiality order has a privilege in information that discloses, or may lead to the disclosure of, the person’s identity.

This section has effect despite anything in section 13 or 65, the Official Information Act 1982, or the Privacy Act 1993.

Section 13AC: inserted, on 1 October 2007, by section 9 of the Parole Amend- ment Act 2007 (2007 No 28).
(4) 13AD If confidentiality order not made (1) If the chairperson or a panel convenor refuses to make a con- fidentiality order, he or she— (a) must return to the applicant all documents constituting or relating to the application for the order; and (b) must not disclose to any person, or give any person ac- cess to, any matter relating to the application.

(2) This section has effect despite anything in section 13 or 65, the Official Information Act 1982, or the Privacy Act 1993.
Section 13AD: inserted, on 1 October 2007, by section 9 of the Parole Amend- ment Act 2007 (2007 No 28).

13AE Variation or rescission of confidentiality order The chairperson or a panel convenor may, on the application of the person who applied for a confidentiality order or on the application of that person’s successor in office, vary or re- scind the order if satisfied that, because of a change in circum- stances, the variation is necessary or, as the case requires, the order is no longer necessary.
Section 13AE: inserted, on 1 October 2007, by section 9 of the Parole Amend- ment Act 2007 (2007 No 28).
21 Part 1 s 13A Parole Act 2002 Reprinted as at 4 April 2009 13A Procedure of Board during epidemic (1) While an epidemic management notice is in force, any deci- sion or action that may or must be made or taken by the Board under this Act may, if the chairperson or a panel convenor is satisfied that it is desirable,— (a) (b) be made or taken by the Board on the basis of docu- ments only, without the presence or submission of any person who would otherwise have the right to be pre- sent or make a submission; or be made or taken by the chairperson or the panel con- venor, acting alone, either— (i) (ii) in the usual way; or on the basis of documents only, without the pres- ence or submission of any person who would otherwise have the right to be present or make a submission.
(2) (3) (4) Subsection (1) overrides every provision of this Act to the con- trary.

The taking of a decision in accordance with subsection (1) is not an unattended hearing; and the provisions of this Act relating to unattended hearings (or to decisions on whether a hearing will be unattended or attended) do not apply to it.

If the notice applies to only stated parts of New Zealand, sub- sections (1) to (3) apply within those parts only.
Section 13A: inserted, on 19 December 2006, by section 5 of the Parole Amend- ment Act 2006 (2006 No 88).
Conditions Standard release conditions 14 (1) An offender who is subject to the standard release conditions must comply with the following conditions: (a) the offender must report in person to a probation officer in the probation area in which the offender resides as soon as practicable, and not later than 72 hours, after release: the offender must report to a probation officer as and when required to do so by a probation officer, and must notify the probation officer of his or her residential ad- (b) 22 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 14 (c) (d) (e) (f) (g) (h) (i) dress and the nature and place of his or her employment when asked to do so: the offender must not move to a new residential address in another probation area without the prior written con- sent of the probation officer: if consent is given under paragraph (c), the offender must report in person to a probation officer in the new probation area in which the offender is to reside as soon as practicable, and not later than 72 hours, after the of- fender’s arrival in the new area: if an offender intends to change his or her residential address within a probation area, the offender must give the probation officer reasonable notice before moving from his or her residential address (unless notification is impossible in the circumstances) and must advise the probation officer of the new address: the offender must not reside at any address at which a probation officer has directed the offender not to reside: the offender must not engage, or continue to engage, in any employment or occupation in which the probation officer has directed the offender not to engage or con- tinue to engage: the offender must not associate with any specified per- son, or with persons of any specified class, with whom the probation officer has, in writing, directed the of- fender not to associate: the offender must take part in a rehabilitative and rein- tegrative needs assessment if and when directed to do so by a probation officer.
(2) (3) [Repealed] In this section, probation area means an area designated by the chief executive for the administration of release conditions, community-based sentences, sentences of home detention (in- cluding post-detention conditions), or orders.

Compare: 1985 No 120 ss 107A, 107B Section 14(2): repealed, on 1 October 2007, by section 10(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 14(3): amended, on 1 October 2007, by section 10(2) of the Parole Amendment Act 2007 (2007 No 28).
23 Part 1 s 15 Parole Act 2002 Reprinted as at 4 April 2009 15 (1) Special conditions If the Board imposes standard release conditions on an of- fender, the Board may (subject to subsections (2) and (4)) im- pose any 1 or more special conditions on the offender.
(2) A special condition must not be imposed unless it is designed to— (a) (b) (c) reduce the risk of reoffending by the offender; or facilitate or promote the rehabilitation and reintegration of the offender; or provide for the reasonable concerns of victims of the offender.
(3) The kinds of conditions that may be imposed as a special con- dition include, without limitation,— (a) (ab) (b) (c) (d) (e) (f) conditions relating to the offender’s place of residence (which may include a condition that the offender reside at a particular place), or his or her finances or earnings: residential restrictions: conditions requiring the offender to participate in a pro- gramme (as defined in section 16) to reduce the risk of further offending by the offender through the rehabili- tation and reintegration of the offender: conditions that the offender not associate with any per- son, persons, or class of persons: conditions requiring the offender to take prescription medication: conditions prohibiting the offender from entering or re- maining in specified places or areas, at specified times, or at all times: conditions requiring the offender to submit to the elec- tronic monitoring of compliance with any release con- ditions, or conditions of an extended supervision order, that relate to the whereabouts of the offender.
(4) No offender may be made subject to a special condition that requires the offender to take prescription medication unless the offender— (a) has been fully advised, by a person who is qualified to prescribe that medication, about the nature and likely or intended effect of the medication and any known risks; and 24 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 15A (b) consents to taking the prescription medication.
(5) An offender does not breach his or her conditions for the pur- poses of section 71 if he or she withdraws consent to taking prescription medication, but the failure to take the medication may give rise to a ground for recall set out in section 61.

Compare: 1985 No 120 ss 107C, 107D Section 15(1): amended, on 1 October 2007, by section 11(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 15(3)(ab): inserted, on 1 October 2007, by section 11(2) of the Parole Amendment Act 2007 (2007 No 28).
Section 15(3)(e): added, on 7 July 2004, by section 5 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 15(3)(f): added, on 7 July 2004, by section 5 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

15A Electronic monitoring (1) (b) The purpose of an electronic monitoring condition imposed under section 15(3)(f) is to deter the offender from breaching conditions that relate to his or her whereabouts, and to monitor compliance with those conditions.
For the purposes of the Privacy Act 1993, information about an offender that is obtained through electronic monitoring may be used both for the purposes referred to in subsection (1) and for the following purposes: (a) to verify compliance with any release conditions or con- ditions of an extended supervision order: to detect non-compliance with any conditions and the commission of offences: to provide evidence of non-compliance with conditions and the commission of offences: to verify that the offender has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.
To avoid doubt, an offender who is subject to an electronic monitoring condition may be required to have equipment at- tached to his or her body.
The annual report of the Department of Corrections must in- clude the following information about the use of electronic monitoring in the year reported on: (d) (c) (2) (3) (4) 25 Part 1 s 16 Parole Act 2002 Reprinted as at 4 April 2009 (a) (b) (c) (d) the number of offenders who were at any time subject to an electronic monitoring condition: the average number of offenders who were subject to an electronic monitoring condition and the average du- ration of the condition: the percentage of offenders who, while subject to an electronic monitoring condition attaching to an ex- tended supervision order, were— (i) (ii) a description of processes and systems relating to elec- tronic monitoring that were in place during the year re- ported on.
convicted for a breach of the condition; or convicted of any other offence: Section 15A: inserted, on 7 July 2004, by section 6 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 15A(1): amended, on 1 October 2007, by section 12(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 15A(2)(a): amended, on 1 October 2007, by section 12(2) of the Parole Amendment Act 2007 (2007 No 28).
Section 15A(2)(d): added, on 1 October 2007, by section 12(3) of the Parole Amendment Act 2007 (2007 No 28).

Section 15A(4)(c): substituted, on 1 October 2007, by section 12(4) of the Pa- role Amendment Act 2007 (2007 No 28).
(c) Programmes For the purposes of section 15, a programme means any of the following: (a) (b) any psychiatric or other counselling or assessment: attendance at any medical, psychological, social, ther- apeutic, cultural, educational, employment-related, re- habilitative, or reintegrative programme: placement in the care of any appropriate person, per- sons, or agency, approved by the chief executive, such as (without limitation)— (i) (ii) (iii) (iv) an iwi, hapu, or whanau: a marae: an ethnic or cultural group: a religious group, such as a church or religious order: 16 26 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 18 (v) members or particular members of any of the above.
Compare: 1985 No 120 s 2 Release at statutory release date 17 (1) Release at statutory release date The statutory release date of an offender is the release date of the sentence to which the offender is subject (including any notional single sentences) that has the latest release date.

(2) An offender who is detained in a prison on his or her statutory release date must be released from detention on that date.

Subsection (2) is subject to section 179A of the Corrections Act 2004.
Compare: 1985 No 120 s 90 (3) Section 17(2): amended, on 1 October 2007, by section 13 of the Parole Amend- ment Act 2007 (2007 No 28).

Section 17(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 17(3): added, on 3 April 2009, by section 36(2) of the Corrections Amendment Act 2009 (2009 No 3).
Conditions applying to release at statutory release date 18 (1) An offender who is released under section 17 at the release date of a short-term sentence is, on release, subject to any re- lease conditions imposed by the court on that sentence unless subsection (3) or section 19 applies.
If an offender is released under section 17 at the release date of a long-term sentence, the Board— (a) must impose the standard release conditions for a period of 6 months from the offender’s statutory release date; and (2) (b) may impose any special conditions for a period of up to 6 months from the offender’s statutory release date.
(2AA) Despite subsection (2)(a), if the Board imposes any special conditions on the offender that the Board considers incompati- ble with all or any of the standard release conditions, the Board may suspend the incompatible standard release conditions dur- ing the period in which those special conditions are in force, and time runs on the suspended conditions during that period.
27 Part 1 s 19 Parole Act 2002 Reprinted as at 4 April 2009 (3) (2A) Subsection (2) applies to an offender in respect of whom an extended supervision order is made, in order to ensure that, if the offender is released early under section 52, he or she will be subject to release conditions before the extended supervision order comes into force.
If an offender who is subject to a long-term sentence is, while not on parole or compassionate release, sentenced within the year preceding his or her statutory release date to a short-term sentence whose release date is after that statutory release date, then, if the offender is released at the release date of the short- term sentence, that release date must be treated as if it were the release date of a long-term sentence.
(4) A prisoner to whom section 179A of the Corrections Act 2004 applies— (a) is not, during the period between the statutory release date and the date of actual release, subject to any release conditions that will apply on or after his or her statutory release date; but from the statutory release date the time begins to run on the prisoner’s release conditions.

(b) Compare: 1985 No 120 s 99 Section 18(2AA): inserted, on 1 October 2007, by section 14 of the Parole Amendment Act 2007 (2007 No 28).
Section 18(2A): inserted, on 7 July 2004, by section 7 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 18(4): added, on 3 April 2009, by section 37 of the Corrections Amend- ment Act 2009 (2009 No 3).
Special provision for offenders sentenced to short-term sentences while on parole If an offender who is on parole is sentenced to a concurrent short-term sentence whose release date is before the offender’s statutory release date, then (provided the offender is not re- called) the offender must be released from detention on the release date of the short-term sentence.
If subsection (1) applies except that the offender is subject to more than 1 short-term sentence, the offender must be released on the release date of the short-term sentence (including any 19 (1) (2) 28 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 20 (3) (4) (5) 20 (1) short-term notional single sentence) that has the latest release date.
To avoid doubt, subsection (2) does not apply in respect of any short-term sentences that are imposed cumulatively if the resulting notional single sentence is a long-term sentence.
If an offender is released in accordance with subsection (1) or subsection (2),— (a) the offender is released on parole under section 28 and the Board must impose release conditions under section 29 accordingly; but the actual date of release is determined under sections 51(2) and 52 as if the offender were being released at his or her statutory release date.
(b) If for any reason an offender is released in accordance with subsection (1) or subsection (2) before the Board has imposed release conditions as required by subsection (4)(a), then,— (a) if the offender was, at the start date of the sentence (or earliest applicable sentence), subject to any release con- ditions, the Board is deemed to have reimposed those release conditions for the remainder of the period for which they were originally imposed; and if the offender was not, at the start date of the sentence (or earliest applicable sentence), subject to release con- ditions, the offender is not subject to release conditions when he or she is released under subsection (1) or sub- section (2).
(b) Parole Parole eligibility date The parole eligibility date of an offender who is subject only to 1 or more sentences imposed on or after the commencement date is the date on which the offender— (a) has finished serving the non-parole period of every long-term sentence to which he or she is subject; and has passed the release date of every short-term sentence to which he or she is subject.
(b) (2) The parole eligibility date of an offender who is subject only to 1 or more pre-cd sentences is the later of— 29 Part 1 s 21 Parole Act 2002 Reprinted as at 4 April 2009 (a) (b) his or her parole eligibility date as determined under sections 89 and 92 of the Criminal Justice Act 1985; and if the offender does not have a parole eligibility date under those sections, his or her final release date as de- termined under section 91 of the Criminal Justice Act 1985.
(3) The parole eligibility date of an offender who is concurrently subject to both 1 or more pre-cd sentences and to 1 or more sentences imposed after the commencement date is the later of— (a) the offender’s parole eligibility date as it would be under subsection (1) if he or she were subject only to the sen- tence or sentences imposed after the commencement date; and the offender’s parole eligibility date as it would be under subsection (2) if he or she were subject only to the pre-cd sentence or sentences.
(b) (4) Despite anything in this section, an offender who is subject only to 1 or more short-term sentences does not have a parole eligibility date (unless the short-term sentences are cumulative and form a long-term notional single sentence, in which case subsection (1) applies to the notional single sentence and the offender will have a parole eligibility date under that subsec- tion).
Compare: 1985 No 120 s 92(7), (8), (9) 21 (1) (2) Consideration for parole of offenders detained in prison The Board must, as soon as practicable after the parole eligi- bility date of an offender who is detained in a prison, consider the offender for release on parole.
The Board must consider for parole every offender who is de- tained in a prison at least once in every 12 months after the offender’s last parole hearing unless, when the offender is due to be considered,— (a) the offender has a new parole eligibility date that is more than 12 months after his or her last parole hearing (in which case subsection (1) applies); or the offender is subject to a postponement order; or (b) 30 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 24 (3) 22 23 24 (c) the offender is detained following an application for a recall order, or under an interim or final recall order.
If subsection (2)(c) (but not subsection (2)(a)) applies to an of- fender, the Board must consider the offender for parole within 12 months of any final recall order that is, or is subsequently, made.

Compare: 1985 No 120 ss 92, 97, 100 Section 21 heading: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 21(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 21(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Date of hearings For the sake of administrative efficiency, the Board may con- sider an offender for release on parole at any time within the month preceding the date on which the offender is due to be considered by the Board; but in no case may an offender who is considered early under this section be released on parole be- fore his or her parole eligibility date.
No consideration for parole of offenders on compassionate release An offender who is released on compassionate release may not be considered for parole by the Board.

Section 23: substituted, on 1 October 2007, by section 15 of the Parole Amend- ment Act 2007 (2007 No 28).
Consideration of offenders unlawfully at large when due to be considered for parole An offender who is unlawfully at large on the date on which he or she is due to be considered for parole must be considered by the Board for parole on the later of— (a) the date that is 12 months after his or her return to cus- tody (or as soon as practicable after it); or if the offender, after being returned to custody, has a new parole eligibility date, the offender’s parole eligi- bility date (or as soon as practicable after it).
(b) 31 Part 1 s 25 Parole Act 2002 Reprinted as at 4 April 2009 25 (1) Early referral and consideration for parole The chairperson may, in exceptional circumstances, refer an offender who has not yet reached his or her parole eligibility date for consideration by the Board for parole.

(2) A referral under this section must be in writing and set out the (4) (3) reasons why the chairperson is making the referral.
The Minister of Justice may designate a class of offenders who have not yet reached their parole eligibility dates for early con- sideration by the Board for parole.

The Board must, as soon as practicable, consider for parole any offender referred to it under subsection (1) and every offender belonging to a class designated under subsection (3).
(5) Despite subsection (4), the Board may not consider under this section an offender who is subject to any of the following orders: (a) an order made under section 80 or section 105 of the Criminal Justice Act 1985: an order made under section 86, section 89, or section 103 of the Sentencing Act 2002: an order made under section 107.
(c) The Board may direct the release on parole of an offender con- sidered under this section if— (a) (b) (6) the Board is satisfied on reasonable grounds that the offender, if released on parole, will not pose an undue risk to the safety of the community or any person or class of persons within the term of the sentence, having regard to the matters set out in section 28(2)(a) and (b); and in the Board’s opinion, the interests of justice require that the offender be released before his or her parole eligibility date.
(b) (7) An offender released on parole under this section is to be treated for all purposes as an offender released on parole under section 28(1).
Compare: 1985 No 120 ss 97(5)–(9), 100(5)–(9) 32 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 27 26 (1) Other times when Board may consider offenders for parole The Board may, at any time after an offender’s parole eligibil- ity date, consider the offender for release on parole at a time other than when the offender is due to be considered for pa- role, and may make an order under section 28(1) directing his or her release on parole.
(2) An offender may, at any time, apply to the Board to exercise its discretion under subsection (1) to consider the offender for parole.
Compare: 1985 No 120 ss 97(3), 100(3) 27 (1) (2) Postponement of consideration for parole If the Board is satisfied that, in the absence of a significant change in the offender’s circumstances, an offender will not be suitable for release at the time when he or she is next due to be considered for parole, the Board may make a postponement order in relation to the offender.
If the Board makes a postponement order, it must specify the date by which the offender must be further considered for pa- role, which,— (a) in the case of an offender serving an indeterminate sen- tence, must be within 3 years of the offender’s most re- cent parole hearing; or in the case of an offender serving any other long-term sentence, must be within 2 years of the offender’s most recent parole hearing.
(b) (3) Despite being subject to a postponement order, an offender may at any time apply to the Board requesting consideration for parole on the grounds that there has been a significant change in his or her circumstances.

(4) A postponement order may be made at— (a) (b) an attended parole hearing; or a special attended hearing convened for the purpose of considering whether to make a postponement order.
(5) The Board may not make a postponement order in relation to an offender unless it has first— 33 Part 1 s 27A Parole Act 2002 Reprinted as at 4 April 2009 (a) (b) (c) advised the offender, at least 14 days before the hearing, that it is to consider making a postponement order; and given the offender an opportunity to make written sub- missions to the Board about whether the order should be made; and held a hearing at which the offender (in person or through counsel) has been given an opportunity to make oral submissions.
27A Consideration of offenders for parole during epidemic (1) This subsection applies to a requirement in any of sections 21 to 27 for the Board to consider an offender for parole that (but for this section) would have the effect of requiring the Board to consider an offender for parole— (a) (b) while an epidemic management notice is in force; or 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 who, by virtue of one of those requirements, should have been considered for parole before the offender.
It is a sufficient compliance with a requirement to which sub- section (1) applies if the Board considers the offender con- cerned for parole as soon after he or she should have been con- sidered as is reasonably practicable in the circumstances.
The circumstances include— (a) the number of appropriately qualified employees of the chief executive available to produce reports for the Board: the number of appropriately qualified employees of the chief executive available to participate in hearings of the Board: the number of Board members available to conduct hearings: the number of offenders who have not yet been consid- ered for parole as required by any of sections 21 to 27: the number and seriousness of the other matters pending before the Board.
(b) (c) (d) (e) (2) (3) 34 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 28 (4) In deciding the order in which it should consider for parole offenders who, by virtue of subsection (2), may be considered for parole 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 for parole in any order it thinks appropriate.
(5) If the notice applies to only stated parts of New Zealand, sub- sections (1) to (4) apply within those parts only.

Section 27A: inserted, on 19 December 2006, by section 6 of the Parole Amend- ment Act 2006 (2006 No 88).
(1) Direction for release on parole 28 (1AA) In deciding whether or not to release an offender on parole, the Board must bear in mind that the offender has no entitle- ment to be released on parole and, in particular, that neither the offender’s eligibility for release on parole nor anything else in this Act or any other enactment confers such an entitlement.

The Board may, after a hearing at which it has considered whether to release an offender on parole, direct that the of- fender be released on parole.
The Board may give a direction under subsection (1) only if it is satisfied on reasonable grounds that the offender, if released on parole, will not pose an undue risk to the safety of the com- munity or any person or class of persons within the term of the sentence, having regard to— (a) the support and supervision available to the offender following release; and the public interest in the reintegration of the offender into society as a law-abiding citizen.
(2) (b) (3) If the Board directs the release of an offender on parole, it must specify the date on which the offender is to be released, which must be a date that is— (a) (b) not later than 6 months after the hearing; and not a non-release day.

(4) Despite subsection (3)(b), the Board may, in exceptional cir- cumstances, specify a date for release that is a Thursday or a Friday.
35 Part 1 s 29 Parole Act 2002 Reprinted as at 4 April 2009 (5) The Board may revoke or amend any direction under this sec- tion at any time before the offender is released on parole, but, if it does so, the Board must hold another parole hearing as soon as practicable.

Compare: 1985 No 120 ss 97(9), (10), 100(9), (10) Section 28(1AA): inserted, on 1 October 2007, by section 17 of the Parole Amendment Act 2007 (2007 No 28).
29 (1) Release conditions applying to parole In releasing an offender on parole, the Board— (a) must impose the standard release conditions on the of- fender; and (b) may impose any special conditions on that offender that the Board specifies.
(2) Despite subsection (1)(a), if the Board imposes any special conditions on the offender that the Board considers incompati- ble with all or any of the standard release conditions, the Board may suspend the incompatible standard release conditions dur- ing the period in which those special conditions are in force, and time runs on the suspended conditions during that period.
The standard release conditions imposed on an offender are in force— (a) (3) (b) in the case of an offender who is subject to 1 or more determinate sentences, for the period that the Board spe- cifies; and in the case of an offender who is subject to an indeter- minate sentence, for the rest of the offender’s life.

The period that the Board specifies under subsection (3)(a) may not be less than 6 months and may not extend for more than 6 months after the offender’s statutory release date.
If the Board imposes special conditions on an offender, the special conditions are in force for the period that the Board specifies for the conditions.

Special conditions imposed on an offender who is subject to 1 or more determinate sentences may not be in force for a longer period than the offender’s standard release conditions.

Section 29: substituted, on 1 October 2007, by section 18 of the Parole Amend- ment Act 2007 (2007 No 28).
(4) (5) (6) 36 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 29B 29A Release conditions for person to whom extended supervision order applies The Board, when directing the release on parole of an offender in respect of whom an extended supervision order is made must— (a) take into account, when setting any special conditions, the nature of the conditions to which the offender will be subject under the extended supervision order, when those conditions are reactivated under section 107P(2) on his or her statutory release date; and direct that the release conditions imposed last until the offender’s statutory release date.
(b) Section 29A: inserted, on 1 October 2007, by section 19 of the Parole Amend- ment Act 2007 (2007 No 28).

29B Board may monitor compliance with conditions (1) If the Board is satisfied that, because of the special circum- stances of an offender (other than an offender subject to an extended supervision order), it is desirable for the Board to do so, the Board may determine to monitor, during the specified period, the offender’s compliance with the release conditions imposed on the offender.
In monitoring the conditions, the Board may on each occasion do either or both of the following: (a) ask the Department of Corrections for a progress report on the offender’s compliance with the conditions: require the offender to attend a hearing notified to the offender in writing.

(b) (2) (3) Each power specified in subsection (2) may be exercised on 1 or more occasions during the specified period, but may not be exercised more frequently than at 3-monthly intervals.
(4) A hearing that an offender is required to attend under subsec- tion (2)(b)— (a) (b) is a special condition imposed on the offender; and is conducted in accordance with any directions given by the Board, including, without limitation, that the of- fender attend otherwise than in person (for instance, by telephone or video link); and is not subject to sections 43 to 50B; but (c) 37 Part 1 s 30 Parole Act 2002 Reprinted as at 4 April 2009 (d) is subject to section 13 (which is about the information to be given to, or withheld from, the offender).
(5) At a hearing that an offender is required to attend under sub- section (2)(b), the Board may, if it considers it appropriate to do so, take 1 or more of the following actions: (a) vary any special conditions previously imposed on the offender: impose new special conditions on the offender: if the offender is on parole or compassionate release, and if the Board is satisfied of the matters stated in sec- tion 62, make an order in respect of the offender that has the same effect as an interim recall order under that section.
(b) (c) (6) (7) 30 (1) (2) Sections 57 and 58 apply, with any necessary modifications, to any action taken under subsection (5)(a) or (b).

In this section, specified period, in relation to an offender re- leased from detention, means a period of— (a) 12 months from the date of release, if the offender is released on parole or compassionate release: 6 months from the date of release, if the offender is released at the statutory release date.
(b) Section 29B: inserted, on 1 October 2007, by section 19 of the Parole Amend- ment Act 2007 (2007 No 28).

Release conditions applying to offenders detained in hospital or secure facility who are released on parole The Board may, when directing the release on parole of an offender who is detained in, or on leave from, a hospital or secure facility, vary any standard release conditions, or waive the obligation to comply with any or all of them.
The offender’s release conditions do not take effect until the offender is actually released from the hospital or the secure facility.

(3) However, for the purpose of determining when the release conditions are discharged, time starts to run from the date on which the offender would have been released if he or she had been detained in a prison.

Section 30 heading: amended, on 1 September 2004, by section 51 of the Crim- inal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
38 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 32 Section 30(1): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 30(2): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 30(3): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
31 When release conditions discharged or suspended (1) The release conditions of an offender who is on parole (other than an offender who is subject to an indeterminate sentence) are discharged— (a) when the period for which they were imposed expires; or if the offender resumes detention in a prison under a new sentence; or when the Board discharges all release conditions under section 58.
(b) (c) (2) The release conditions of an offender who is on parole are sus- pended during any period that the offender spends in custody under a court order (for instance, on remand) or an interim re- call order, and time runs on the conditions during any period that they are suspended.

Compare: 1985 No 120 s 107J(5) Section 31(1)(b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
32 When parole ends An offender who has been released on parole ceases to be on parole— (a) when the offender reaches his or her statutory release date (as determined under section 17(1)); or if the offender resumes detention in a prison under a final recall order.

(b) Compare: 1985 No 120 s 107L(8) Section 32(b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
39 Part 1 s 33 Parole Act 2002 Reprinted as at 4 April 2009 Residential restrictions Heading: substituted, on 1 October 2007, by section 20(1) of the Parole Amend- ment Act 2007 (2007 No 28).

33 (1) Residential restrictions The Board may impose on an offender the special conditions referred to in section 15(3)(ab) (residential restrictions) if the residence in which it is proposed that the offender reside is in an area in which a residential restriction scheme is operated by the chief executive.
(2) An offender on whom residential restrictions are imposed is required— (a) (b) at times specified by the Board; or at all times: to stay at a specified residence: to be under the supervision of a probation officer and to co-operate with, and comply with any lawful direction given by, that probation officer: to be at the residence— (i) (ii) to submit, in accordance with the directions of a proba- tion officer, to the electronic monitoring of compliance with his or her residential restrictions: to keep in his or her possession the licence issued under section 53(3) and, if requested to do so by a constable or a probation officer, must produce the licence for in- spection.
(c) (d) (e) (3) Any conditions imposed under subsection (2)(c)(ii) may not be imposed for longer than the shortest of the following periods: the period for which the standard release conditions (a) apply: 12 months: if those conditions have previously been imposed on the offender in respect of the same release from detention, 12 months less the time for which those conditions have previously been imposed.
(b) (c) (4) An offender may, despite any conditions imposed under sub- section (2)(c), leave the residence to which the residential re- strictions relate— (a) to seek urgent medical or dental treatment; or 40 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 34 (b) (c) to avoid or minimise a serious risk of death or injury to the offender or any other person; or for humanitarian reasons approved by a probation offi- cer.
(5) 34 (1) (2) In any case where the conditions are of the kind specified in subsection (2)(c)(ii), the offender may, with the approval of a probation officer, leave the residence to which the residential restrictions relate— (a) (b) (c) to comply with any special conditions; or to seek or engage in employment; or to attend training or other rehabilitative or reintegrative activities or programmes; or to attend a restorative justice conference or other process relating to the offender’s offending; or to carry out any undertaking arising from any restora- tive justice process; or for any other purpose specifically approved by the pro- bation officer.
(d) (e) (f) Section 33: substituted, on 1 October 2007, by section 20(2) of the Parole Amendment Act 2007 (2007 No 28).

Section 33(2)(e): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Prior report on suitability of residential restrictions Before the Board imposes residential restrictions on an of- fender, the Board must request and consider a report from a probation officer on the matters specified in subsection (2).
The matters are as follows: (a) the nature of the offence or offences for which the of- fender is currently serving a sentence of imprisonment or has previously been convicted: the likelihood that the residential restrictions will pre- vent further offending on the part of the offender: the likelihood that the offender’s rehabilitation and rein- tegration will be assisted by residential restrictions: the suitability of the proposed residence, including the safety and welfare of the occupants of the residence where the offender is to reside.
(b) (c) (d) 41 Part 1 s 35 Parole Act 2002 Reprinted as at 4 April 2009 Before completing the report requested under subsection (1), the probation officer must— (a) ensure that every relevant occupant of the residence where it is proposed that the offender reside is aware of the nature of the offender’s past and current offend- ing; and tell every relevant occupant that the reason for giving that information is to enable the occupant to make an informed decision about whether to consent to having the offender reside at the residence; and tell every relevant occupant that the information pro- vided about the offender must not be used for any pur- pose other than that described in paragraph (b); and obtain the consent of every relevant occupant to having the offender reside at the residence; and inform every relevant occupant of their right to with- draw their consent, at any time, to having the offender reside at the residence.
(b) (c) (d) (e) In subsection (3), relevant occupant means, in relation to a residence that the probation officer is considering as a suitable residence for an offender subject to residential restrictions,— in the case of a family residence, every person of or over (a) the age of 16 who ordinarily lives there; and in the case of any other residence, every person whom the probation officer identifies as being a relevant occu- pant for the purpose of subsection (3).
(b) Section 34: substituted, on 1 October 2007, by section 20(2) of the Parole Amendment Act 2007 (2007 No 28).
Residential restrictions only to be imposed if residence suitable and occupants consent The Board may impose residential restrictions only if satisfied on reasonable grounds that— (a) the residence in which it is proposed that the offender reside is suitable; and the relevant occupants (as defined in section 34(4)) of the residence in which the offender will reside— (i) understand the residential restrictions that will apply to the offender; and (b) (3) (4) 35 42 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 40 (ii) (iii) consent to the offender residing in the residence in accordance with those conditions; and have been informed of their right to withdraw their consent, at any time, to having the offender reside in the residence; and (c) the offender has been made aware of and understands the residential restrictions, and he or she agrees to com- ply with them.
Section 35: substituted, on 1 October 2007, by section 20(2) of the Parole Amendment Act 2007 (2007 No 28).

Detention conditions [Repealed] Section 36: repealed, on 1 October 2007, by section 20(2) of the Parole Amend- ment Act 2007 (2007 No 28).

Expiry and revocation of direction for home detention [Repealed] Section 37: repealed, on 1 October 2007, by section 20(2) of the Parole Amend- ment Act 2007 (2007 No 28).
Residential restrictions do not affect entitlements under Social Security Act 1964 The fact that a person is subject to residential restrictions does not, of itself, affect any entitlement the person may have under the Social Security Act 1964.

Section 38: substituted, on 1 October 2007, by section 21 of the Parole Amend- ment Act 2007 (2007 No 28).
36 37 38 39 When detention conditions suspended or cancelled [Repealed] Section 39: repealed, on 1 October 2007, by section 21 of the Parole Amend- ment Act 2007 (2007 No 28).

40 When home detention ends [Repealed] Section 40: repealed, on 1 October 2007, by section 21 of the Parole Amend- ment Act 2007 (2007 No 28).
43 Part 1 s 40A Parole Act 2002 Reprinted as at 4 April 2009 40A Applications for home detention during epidemic [Repealed] Section 40A: repealed, on 1 October 2007, by section 21 of the Parole Amend- ment Act 2007 (2007 No 28).

Compassionate release (2) 41 (1) the offender has given birth to a child: the offender is seriously ill and is unlikely to recover.
Board may direct early release on compassionate grounds The Board may, on referral by the chairperson, direct that an offender be released on compassionate release on either of the following grounds: (a) (b) Every referral by the chairperson for consideration for com- passionate release must be in writing and set out the reasons why the chairperson is making the referral.
The Board may, as part of a direction for compassionate re- lease, impose the standard release conditions and any special conditions on the offender, and may vary, or waive the obliga- tion to comply with, any standard release conditions if neces- sary in the circumstances.

Before an offender is released, the Board may cancel a direc- tion for release or vary any of the conditions of release.
(5) After an offender is released, the Board may vary or discharge (4) (3) any release conditions under section 58.

(6) An offender released on compassionate release is liable to re- call as if he or she had been released on parole.

(7) When an offender is released under this section, a copy of the order for release, along with any conditions imposed on the offender, must be supplied to— the offender; and (a) every victim of the offender; and (b) the chief executive; and (c) the Police.
(d) Compare: 1985 No 120 s 94(1)(a), (d), (4)–(9) 44 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 43 Procedures for certain hearings 42 Application of procedures set out in sections 43 to 50 Sections 43 to 50 apply to every hearing of the Board concern- ing an offender who— (a) is due to be released from detention on his or her statu- tory release date; or is to be considered for parole.
[Repealed] (b) (c) Section 42(b): amended, on 1 October 2007, by section 22 of the Parole Amend- ment Act 2007 (2007 No 28).

Section 42(c): repealed, on 1 October 2007, by section 22 of the Parole Amend- ment Act 2007 (2007 No 28).
Start of process 43 (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 of- fender’s current and previous convictions, including (for example) sentencing notes and pre-sentence re- ports; and if the offender has engaged in any restorative justice processes, any reports arising from those processes; and in the case of an offender detained in a prison, a report by the Department of Corrections; and [Repealed] 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 in- tends to put, in place for the offender; and in the case of an offender currently detained in, or on leave from, a secure facility, a report from the compul- sory 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 in the case of an offender currently detained in a social welfare residence (as described in section 11), a report (b) (c) (d) (e) (ea) (f) 45 Part 1 s 43 Parole Act 2002 Reprinted as at 4 April 2009 from the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989.
(2) (3) (d) (e) (ea) The Board must take all reasonable steps to give notice to the following people that a hearing is pending: (a) (b) (c) the offender: every victim of the offender: the manager of the prison in which the offender is de- tained (if applicable): [Repealed] the Director of Area Mental Health Services (in the case of an offender currently detained, or on leave from, in a hospital): the compulsory care co-ordinator (in the case of an of- fender currently detained in, or on leave from, a secure facility): the Police.
(f) 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 sec- tion 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 in- formation relevant to,— (a) (b) whether the hearing should be an unattended hearing or the substantive matter to be decided; and an attended hearing.
For the purpose of providing the reports required under sub- section (1)(e) and (f), the responsible clinician (or other health professional) referred to in subsection (1)(e), or the chief ex- ecutive 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(1): amended, on 1 October 2007, by section 23(1) of the Parole Amendment Act 2007 (2007 No 28).
(6) 46 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 44 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(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).
43A Consultation and disclosure necessary to provide reports To avoid doubt, if a person providing a report referred to in section 43 considers that it is or may be necessary to do so in order to provide the report, he or she— (a) may consult with any other person (for example, with any victim (as defined in section 4 of the Victims’ Rights Act 2002)) who is or may be able to provide information relevant to the matters that the report must address (relevant information); and (b) may, so far as it is or may be necessary to do so in order to ascertain from the other person relevant information, disclose to the other person information— (i) (ii) about why the report must be provided; and about the nature and purpose of the report.
Section 43A: inserted, on 17 December 2002, by section 53 of the Victims’ Rights Act 2002 (2002 No 39).
44 Information for victims If a victim requests information on an offender under section 43(3), the Department of Corrections must prepare and send to the victim the following: (a) a list of any programmes that the offender has attended since commencing his or her sentence, and a list of any programmes that the offender has completed: a statement of the offender’s current security classifica- tion: (b) 47 Part 1 s 45 Parole Act 2002 Reprinted as at 4 April 2009 (c) (d) (e) a list of any convictions received by the offender since commencing his or her sentence: [Repealed] a statement that the purpose of providing the victim with information about the offender is to assist the victim to make submissions, and that the information is not to be used for any other purpose.
Section 44(d): repealed, on 1 October 2007, by section 24 of the Parole Amend- ment Act 2007 (2007 No 28).

45 (1) Decision on type of hearing The panel convenor who is allocated to conduct a particu- lar hearing must decide whether that hearing will be an unat- tended hearing under section 48 or an attended hearing under section 49.
(2) A decision under subsection (1) may not be made until— (a) the Board has received the information referred to in section 43(1); and the given date referred to in section 43(5) has passed.

(b) If the panel convenor believes on reasonable grounds that the Board is able to make a proper decision on the basis of the information available to the Board, without the need for any person other than Board members to attend the hearing, the convenor may decide that the hearing will be an unattended hearing.
In deciding whether to hold an unattended hearing or an at- tended hearing, the panel convenor must consider— (a) whether and how often the offender has been considered by the Board: the length of time since his or her last attended hearing (if any): whether there are significant efficiencies to be gained by having one type of hearing rather than the other: (d) whether written submissions indicate that there are mat- (b) (c) (e) (f) ters that warrant consideration at an attended hearing: any relevant cultural or personal factors: any other matter that the panel convenor considers rele- vant.
(3) (4) 48 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 46 (5) The decision on the type of hearing must be notified in writing to the offender and every victim of the offender, and to any other person from whom the Board wishes to receive informa- tion in relation to the hearing.
(6) A panel convenor may, before or during an unattended hear- ing, determine that the hearing must be an attended one and, in that case, a time for the attended hearing must be fixed and the people referred to in subsection (5) must be notified accord- ingly.
(7) Notification under subsection (5) or (6) must include,— (a) if the hearing is to be an unattended one,— (i) a summary of the reasons for deciding that the hearing will be unattended; and advice to the offender on the offender’s right to an interview under section 47; and advice to the offender on the offender’s right to seek a review under section 46; and (ii) (iii) (b) if the hearing is to be an attended one, notice of the date of the hearing and relevant information about the rights of people attending.
Section 45(7): substituted, on 1 October 2007, by section 25 of the Parole Amendment Act 2007 (2007 No 28).

Review of decision on type of hearing 46 (1) An offender who has been notified, under section 45(5), of the decision that the hearing will be unattended may seek a review of the decision by writing to the Board within 10 days of the date of the notice.

(3) (2) A panel convenor other than the one allocated to conduct the particular hearing must review the decision as soon as practic- able.
Following a review, the panel convenor may confirm the deci- sion or determine that the hearing will be an attended hearing.

If the hearing is to be an attended hearing, the Board must fix a time for the attended hearing and notify the people referred to in section 45(5) accordingly.

If the hearing is to be an unattended hearing, the Board must notify the offender who sought the review.
(5) (4) 49 Part 1 s 47 Parole Act 2002 Reprinted as at 4 April 2009 Section 46(1): substituted, on 1 October 2007, by section 26(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 46(2): substituted, on 1 October 2007, by section 26(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 46(3): amended, on 1 October 2007, by section 26(2) of the Parole Amendment Act 2007 (2007 No 28).

Section 46(5): amended, on 1 October 2007, by section 26(3) of the Parole Amendment Act 2007 (2007 No 28).
47 (1) (2) (3) Interviews of offender before hearings If a hearing is to be an unattended hearing, the offender must be given an opportunity to have an interview before the hearing with 1 member of the panel allocated to conduct the hearing.

The member conducting the interview may conduct the inter- view at whatever place and in whatever manner he or she con- siders appropriate (subject to subsection (3)).
The offender may have a support person with him or her, and the support person may, with the consent of the offender and the permission of the member conducting the interview, speak in support of the offender.

Section 47: substituted, on 1 October 2007, by section 27 of the Parole Amend- ment Act 2007 (2007 No 28).
Unattended hearings 48 (1) At an unattended hearing, the only people who may be present are— (a) (b) (c) the Board members conducting the hearing; and the staff servicing the Board; and any other person whom the Board agrees in writing to allow to be present.

(2) An unattended hearing may be conducted with any or all of the people mentioned in subsection (1) being present by way of telephone or video link, rather than in person.
Attended hearing 49 (1) An attended hearing must be run in the manner of an inquiry, and in an atmosphere that encourages persons appearing before the Board to speak for themselves, and as freely and frankly as possible.
50 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 49 (2) Within that context, the Board may conduct the hearing as it thinks appropriate and, subject to this section, has the follow- ing powers: (a) (b) (c) (d) to determine who may attend, and determine whether a person may attend other than in person (for instance, by telephone or video link): to determine who may speak: to impose limits on what a person may talk about and for how long: to require any person to leave the hearing, either tem- porarily or for the remainder of the hearing: to adjourn the hearing.
(e) The offender who is being considered is entitled to— (a) (b) appear and make oral submissions to the Board; and attend while any other person is making submissions, provided that the offender may not be present at the hearing when any victim is present unless the victim, the offender, and the Board agree; and with the leave of the Board, be represented by counsel; and be accompanied by 1 or more support persons (subject to any limitation on numbers imposed by the Board) who may, with leave of the Board, speak in support of the offender.
(c) (d) (3) (4) Every victim of the offender is entitled to— (a) appear and make oral submissions to the Board for the purpose of assisting the Board to reach a decision; and (b) with the leave of the Board, be represented by counsel; (c) and be accompanied by 1 or more support persons (subject to any limitation on numbers imposed by the Board), who may, with the leave of the Board,— (i) speak in support of the victim; and (ii) with the permission of the victim, speak on behalf of the victim.
Compare: 1985 No 120 ss 106A, 107 51 Part 1 s 50 Parole Act 2002 Reprinted as at 4 April 2009 Decisions must be notified 50 (1) After a hearing, every person who was notified under section 43(2) must be advised of— (a) whether, and, if so, when, the offender is to be released from detention; and any release conditions applying to the offender; and if a postponement order has been made, the duration of the postponement.
(b) (c) (2) When advising a victim under this section of any release con- ditions applying to an offender, the Board may withhold advice of a particular condition if disclosing the condition would un- duly interfere with the privacy of any other person (other than the offender).

Section 50(1)(a): amended, on 1 October 2007, by section 28(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 50(1)(b): amended, on 1 October 2007, by section 28(2) of the Parole Amendment Act 2007 (2007 No 28).
Section 50(2): substituted, on 7 July 2004, by section 21 Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 50(2): amended, on 1 October 2007, by section 28(2) of the Parole Amendment Act 2007 (2007 No 28).

50A Submissions from, and interviews with, certain victims (1) This section applies to a person who— (a) (b) is not a victim as defined in section 4(1) of this Act; but is a victim as defined in section 4 of the Victims’ Rights Act 2002.
(b) To avoid doubt, the person— (a) may, by writing to the Board, make submissions on, or give information relevant to, the substantive matter to be decided at a hearing referred to in section 42; and if the hearing is an unattended hearing, may, with the leave of the Board, have an interview before the hearing with 1 member of the panel allocated to conduct the hearing, in accordance with section 47(1) to (3); and if the hearing is an attended hearing, may, with the leave of the Board, appear and make oral submissions to the Board, in accordance with section 49(4).
(c) If the person seeks information from the Board in order to take a step in subsection (2)(a) or (b) or (c), the Board may— (2) (3) 52 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 51 (a) (b) advise the person of the relevant hearing date; and give the person any other information that is reasonably necessary to enable the person to take the step.
(4) Neither the Board nor any other person has any liability for any act done in pursuance, or intended pursuance, of the Board’s functions under this section or section 50B, unless the act was done in bad faith.

Section 50A: inserted, on 17 December 2002, by section 53 of the Victims’ Rights Act 2002 (2002 No 39).
50B Decisions to be notified to certain victims (1) The following persons must, after the hearing concerned, be advised of the matters in section 50(1)(a) to (c): (a) a person who, by writing to the Board, makes submis- sions or gives relevant information as referred to in sec- tion 50A(2)(a): a person who is interviewed as referred to in section 50A(2)(b): a person who appears and makes oral submissions as referred to in section 50A(2)(c).
(b) (c) (2) When advising a person under this section of any release con- ditions, the Board may withhold advice of a particular condi- tion if disclosing the condition would unduly interfere with the privacy of any other person (other than the offender).

Section 50B: inserted, on 17 December 2002, by section 53 of the Victims’ Rights Act 2002 (2002 No 39).

Section 50B(2): substituted, on 7 July 2004, by section 22 of the Parole (Ex- tended Supervision) Amendment Act 2004 (2004 No 67).
Section 50B(2): amended, on 1 October 2007, by section 29 of the Parole Amendment Act 2007 (2007 No 28).

Actual release 51 (1) Date of release This section applies to an offender who is serving a sentence of imprisonment in a prison.

(2) An offender who is due to be released at his or her statutory release date must be released from the prison on that date, unless he or she is released earlier under section 52.
53 Part 1 s 52 Parole Act 2002 Reprinted as at 4 April 2009 (3) An offender who has been directed by the Board to be released on parole or compassionate release must be released from the prison on the date specified by the Board.

Section 51(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 51(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 51(3): amended, on 1 October 2007, by section 30 of the Parole Amend- ment Act 2007 (2007 No 28).

Section 51(3): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

52 (1) (2) (3) Release of offenders released at statutory release date This section applies only to an offender who is serving a sen- tence of imprisonment of more than 14 days and who is due to be released from a prison at his or her statutory release date.
If the offender’s statutory release date falls on a non-release day, the offender must be released on the nearest preceding date that is not a non-release day.
The chief executive may direct that an offender who is de- tained in a prison and whose statutory release date falls within the period commencing on 15 December in one year and end- ing on 5 January in the next year is to be released on a date that is— (a) not earlier than 1 December immediately preceding the offender’s statutory release date; and not a non-release day.

(b) (4) A direction under subsection (3) may be revoked at any time before the offender is released.
If an offender is released early under subsection (2) or subsec- tion (3), the offender, during the period between the date of actual release and his or her statutory release date,— (a) is subject to any release conditions that will apply on his or her statutory release date as if he or she had been re- leased on his or her statutory release date (but time does not begin to run on any conditions until the offender’s statutory release date); and is liable to recall.
(b) Compare: 1985 No 120 s 94(1)(b), (3) (5) 54 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 53 Section 52(1): amended, on 1 October 2007, by section 31 of the Parole Amend- ment Act 2007 (2007 No 28).

Section 52(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 52(3): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 52(3): amended, on 7 July 2004, by section 23 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Licence issued on release 53 (1) When an offender is released from detention in a prison, he or she must be issued with a licence that sets out— (a) (b) the release conditions that apply to the offender; and the date or dates on which the conditions, or any of them, cease to apply; and details about liability to recall.
(c) Subsection (1) does not apply to an offender who is released from a short-term sentence if, on release, the offender is not subject to any release conditions.
(2) (3) An offender subject to residential restrictions must, before the restrictions come into force, be issued with a licence that sets out— (a) (b) the residential restrictions; and the date or dates on which they, or any of them, come into force and cease to be in force; and the obligations to comply with the directions given by a probation officer; and the consequences of non-compliance with the condi- tions; and the statutory provisions under which the conditions may be varied or discharged.
(c) (d) (e) (4) If an offender’s release conditions are varied or discharged, the offender must be given a new or amended licence that shows the conditions as varied or discharged.

Compare: 1985 No 120 s 107F(1), (2) Section 53(1): amended, on 1 October 2007, by section 32(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 53(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
55 Part 1 s 54 Parole Act 2002 Reprinted as at 4 April 2009 Section 53(1)(a): amended, on 1 October 2007, by section 32(2) of the Parole Amendment Act 2007 (2007 No 28).

Section 53(3): substituted, on 1 October 2007, by section 32(3) of the Parole Amendment Act 2007 (2007 No 28).

Section 53(4): amended, on 1 October 2007, by section 32(4) of the Parole Amendment Act 2007 (2007 No 28).
the date on which the offender is to be released; and the offender’s release conditions; and the offender’s statutory release date.

Police must be advised Before an offender is released from detention in a prison, the chief executive must advise the Police of— (a) (b) (c) Before an offender becomes subject to residential restrictions, the chief executive must advise the Police of the date on which the restrictions commence and the date on which they cease to apply.
Section 54: substituted, on 1 October 2007, by section 33 of the Parole Amend- ment Act 2007 (2007 No 28).
Release for purpose of deportation The Minister of Immigration may, by notice in writing to the manager of a prison, order the release of an offender into the custody of any Police employee if— (a) the offender is subject to a sentence of imprisonment, including a sentence of imprisonment imposed under the Armed Forces Discipline Act 1971; and the offender has been ordered to be deported from New Zealand by the Governor-General under section 72 of the Immigration Act 1987, or by the Minister of Immi- gration under any of sections 73, 91, or 92 of that Act; and a copy of the order, or a notice of the making of the order, has been served on the offender; and one of the following applies: (i) the offender has no right of appeal under that Act against the making of that order: the time for bringing that appeal has expired and the offender has not brought an appeal: (ii) (b) (c) (d) 54 (1) (2) 55 (1) 56 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 55 (iii) any such appeal has been determined and the order has not been quashed.
(2) A notice issued under subsection (1) is sufficient authority for the manager to release the offender accordingly on request by any Police employee.
(3) When a ship or aircraft becomes available to take the offender from New Zealand, and it is practicable in all the circum- stances for the offender to leave on that ship or aircraft, a Po- lice employee may require the manager, in accordance with subsection (1), to deliver the offender into the custody of the Police employee; and the Police employee must escort the of- fender (or arrange for him or her to be escorted) to the seaport or airport and ensure that the offender is placed upon the ship or aircraft and detained there until the ship or aircraft leaves New Zealand.
If for any reason that ship or aircraft is delayed in New Zealand for more than 24 hours, the offender must be returned to the custody of the manager, and, for that purpose, the warrant by which the offender was originally committed to the prison is deemed to be still in force.
If an offender is returned to custody under subsection (4), the manager must, on request by any Police employee, release the offender into the custody of that Police employee for deport- ation, and the provisions of this section apply in respect of every request until the offender is finally deported.
(5) (4) (6) Despite subsection (1), in respect of any offender to whom paragraphs (a) to (d) of that subsection apply, the chief execu- tive may, at any time within 28 days preceding the offender’s statutory release date, by notice in writing to the manager of the prison in which the offender is detained, order the release of the offender into the custody of any Police employee in pos- session of the notice; and that notice is sufficient authority for the manager to release the offender accordingly.
If an offender is released into the custody of a Police employee under subsection (6), subsections (3) to (5) apply as if the re- lease were ordered by the Minister of Immigration.

If an offender is released and deported under this section, his or her sentence continues to run and, if the offender subsequently (7) (8) 57 Part 1 s 56 Parole Act 2002 Reprinted as at 4 April 2009 returns to New Zealand before the sentence expiry date, the offender is liable to resume serving it.
Compare: 1985 No 120 s 96 Section 55(1): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 55(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 55(2): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 55(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 55(3): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 55(3): amended, on 1 October 2008, pursuant to section 130(1) of the Policing Act 2008 (2008 No 72).

Section 55(3): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 55(4): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 55(4): amended, on 1 June 2005, pursuant to section 206 of the Cor- rections Act 2004 (2004 No 50).

Section 55(5): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 55(5): amended, on 1 October 2008, pursuant to section 130(1) of the Policing Act 2008 (2008 No 72).

Section 55(5): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 55(6): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 55(6): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 55(7): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Variation and discharge of conditions 56 Application for variation or discharge of conditions (1) An offender who is subject to release conditions imposed by the Board may apply to the Board at any time for the variation or discharge of any of those conditions.

(2) A probation officer may at any time apply to the Board for the variation or discharge of any release condition imposed by the Board that applies to an offender.
58 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 57 (3) An application under this section must indicate whether or not the offender wishes to appear before the Board to state his or her case.

(4) When a probation officer applies for the variation or discharge of a condition, the probation officer may suspend the condition until the application is determined.

Compare: 1985 No 120 s 107G(1)–(3) Section 56(1): amended, on 1 October 2007, by section 34(1) of the Parole Amendment Act 2007 (2007 No 28).
Section 56(2): amended, on 1 October 2007, by section 34(2) of the Parole Amendment Act 2007 (2007 No 28).

56A Application of section 56 during epidemic While an epidemic management notice is in force, a probation officer who has made an application to the Board under sec- tion 56(2) for the variation of a release condition imposed by the Board may himself or herself vary the condition; and the variation has effect until the application has been heard and disposed of.
Section 56A: inserted, on 19 December 2006, by section 8 of the Parole Amend- ment Act 2006 (2006 No 88).

Section 56A: amended, on 1 October 2007, by section 35 of the Parole Amend- ment Act 2007 (2007 No 28).

57 (1) (2) Procedure for determining applications Before determining an application for variation or discharge, the Board may seek information from anyone it considers has, or may have, an interest in the application, such as (without limitation) the Police or any victim of the offender.
To avoid doubt, section 13 (which is about information to be given to, or withheld from, offenders) applies to hearings for the purpose of determining an application for variation or dis- charge.

(3) An application for variation or discharge may be determined without the Board hearing from any person, unless— (a) the offender has asked to appear before the Board to state his or her case; or the Board wishes to hear from any person orally.
(b) Compare: 1985 No 120 s 107G(6), (7) 59 Part 1 s 58 Parole Act 2002 Reprinted as at 4 April 2009 Section 57(2): amended, on 1 October 2007, by section 36 of the Parole Amend- ment Act 2007 (2007 No 28).

Board determines application for variation or discharge 58 (1) On an application under section 56, the Board may direct the variation or discharge of any release condition imposed by the Board that applies to an offender.
The Board may not— (a) (2) extend the duration of any release condition to a date that is later than 6 months after the offender’s statutory release date; or extend the duration of any special condition beyond the date on which the standard release conditions cease to apply.
(b) The Board may not discharge the standard release conditions with effect from a date that is less than 6 months after the date on which the offender was released, unless the offender is released on compassionate release or was, at the time of his or her release, detained in a hospital or in a secure facility.
If the Board directs the variation or discharge of a condition,— the variation or discharge takes effect on the date speci- (a) fied in the direction; and every variation must be treated as part of the conditions that apply to the offender; and notice of the direction must be given to the offender, the probation officer involved, the Police, and (if rea- sonably practicable) any victim to whom notice of the original condition was given.
(b) (c) Compare: 1985 No 120 s 107G(5), (9) Section 58(1): amended, on 1 October 2007, by section 37(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 58(2)(b): amended, on 1 October 2007, by section 37(2) of the Parole Amendment Act 2007 (2007 No 28).

Section 58(3): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
(3) (4) 60 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 61 Recall 59 Definition of recall application A recall application is an application for an order that an of- fender be recalled to continue serving a sentence of imprison- ment in a prison.

Section 59: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
60 Making recall application (1) The chief executive may make a recall application to the Board in respect of any offender who— (a) (b) is subject to an indeterminate sentence; and is on parole or on compassionate release.

(2) A probation officer may make a recall application to the Board in respect of any offender who— (a) (b) (c) is subject to a determinate sentence; and has not yet reached his or her statutory release date; and is on parole or compassionate release.
(2A) The Commissioner of Police may make a recall application in respect of any offender described in subsection (1) or (2) on the ground stated in section 61(a).

(3) A recall application must specify the ground or grounds in section 61 on which the applicant relies, and the basis on which the applicant is satisfied that the ground or grounds apply.
(4) When a recall application is made, the sentence to which the application relates ceases to run, except for the period (if any) between the lodgement of the application and the date of its determination during which the offender is under legal custody in accordance with the Corrections Act 2004.

Compare: 1985 No 120 s 107I(1)–(3), (7)–(9) Section 60(2)(c): amended, on 1 October 2007, by section 38(1) of the Parole Amendment Act 2007 (2007 No 28).
Section 60(2A): inserted, on 1 October 2007, by section 38(2) of the Parole Amendment Act 2007 (2007 No 28).

Section 60(4): substituted, on 1 October 2007, by section 38(3) of the Parole Amendment Act 2007 (2007 No 28).
61 Grounds for recall The grounds for recall are that— 61 Part 1 s 62 Parole Act 2002 Reprinted as at 4 April 2009 (a) (b) (c) (d) (e) the offender poses an undue risk to the safety of the community or any person or class of persons; or the offender has breached his or her release conditions; or the offender has committed an offence punishable by imprisonment, whether or not this has resulted in a con- viction; or in the case of an offender who is subject to residential restrictions,— (i) the offender is jeopardising the safety of any per- son at his or her residence; or a suitable residence in an area in which a residen- tial restriction scheme is operated by the chief ex- ecutive is no longer available; or the offender no longer wishes to be subject to residential restrictions; or (ii) (iii) in the case of an offender who is subject to a special con- dition that requires his or her attendance at a residential programme,— (i) the offender is jeopardising the safety of any per- son at the residence, or the order or security of the residence; or the offender has failed to remain at the residence for the duration of the programme; or the programme has ceased to operate, or the of- fender’s participation in it has been terminated for any reason.
(ii) (iii) Compare: 1985 No 120 s 107I(6) Section 61(b): amended, on 1 October 2007, by section 39(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 61(c): amended, on 1 October 2007, by section 39(2) of the Parole Amendment Act 2007 (2007 No 28).

Section 61(d): substituted, on 1 October 2007, by section 39(3) of the Parole Amendment Act 2007 (2007 No 28).
62 Making interim recall order (1) On receiving a recall application, the chairperson or any panel convenor must make an interim recall order if he or she is satisfied on reasonable grounds that— 62 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 63 (a) (b) (c) the offender poses an undue risk to the safety of the community or to any person or class of persons; or the offender is likely to abscond before the determin- ation of the application for recall; or in the case of an offender who is subject to residential restrictions,— (i) a suitable residence in an area in which a residen- tial restriction scheme is operated by the chief ex- ecutive is no longer available; or the offender no longer wishes to be subject to residential restrictions.
(ii) (2) When deciding whether to make an interim recall order in re- spect of an offender who is currently detained, the chairperson or panel convenor (as the case may be) must make the decision as if the offender were not detained.

Compare: 1985 No 120 s 107J(1)–(2A) Section 62(1)(c): substituted, on 1 October 2007, by section 40 of the Parole Amendment Act 2007 (2007 No 28).
63 What happens when interim recall order made (1) When an interim recall order is made, the chairperson or a panel convenor (as the case may be) must issue a warrant in the prescribed form for the arrest of the offender and for the offender to be detained in a prison pending the determination of the application for recall.
(2) At any time after a warrant is issued under subsection (1), a constable may arrest the offender, whether or not the constable has possession of the warrant, for the purpose of returning the offender to a prison.
(3) On, or as soon as practicable after, being taken into custody following the issue of a warrant under subsection (1), the of- fender must be given a copy of the recall application and a notice that— (a) specifies the date on which the application is to be de- termined; and advises the offender of his or her right to appear be- fore the Board and to state his or her case in person or through counsel; and (b) 63 Part 1 s 64 Parole Act 2002 Reprinted as at 4 April 2009 (c) requires the offender to notify the Board, not later than 7 days before the date on which the application is to be determined, whether he or she wishes to make written submissions or to appear in person or to be represented by counsel.
(4) While an offender is subject to an interim recall order, he or she must be detained in custody.

Compare: 1985 No 120 s 107J(3), (4) Section 63(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 63(1): amended, on 7 July 2004, by section 24 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 63(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 63(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

64 What happens if no interim recall order made If no interim recall order is made following a recall applica- tion, the Board must cause to be served on the offender— (a) (b) Compare: 1985 No 120 s 107K a copy of the recall application; and a notice of the kind described in section 63(3).
Procedure for determining recall applications If an interim recall order is made, the Board must determine the recall application on a date that is,— (a) if the offender is in custody when the interim order is made, at least 14 days after, but not more than 1 month after, the date of the interim order; or if the offender is not in custody when the interim order is made, at least 14 days after, but not more than 1 month after, the date on which the offender is taken into cus- tody.
(b) If no interim recall order is made, the Board must determine the recall application on a date that is at least 14 days after, but not more than 2 months after, the date on which the copy of the recall application is served on the offender.

65 (1) (2) 64 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 65A (3) (4) To avoid doubt, section 13 (which is about information to be given to, or withheld from, offenders) applies to hearings for the purpose of determining a recall application.
The Board may determine a recall application without the Board hearing from any person orally unless— (a) the offender has indicated that he or she, in person or through counsel, wishes to appear to state his or her case; or the Board wishes to hear from any other person orally.

(5) Despite subsections (1) and (2), the Board may from time to time adjourn the hearing of a recall application; but no ad- journment may be for more than 8 days, unless the offender consents to a longer period.
Compare: 1985 No 120 s 107L(1), (6), (10) (b) Section 65(3): amended, on 1 October 2007, by section 41 of the Parole Amend- ment Act 2007 (2007 No 28).
65A Application of section 65 during epidemic (1) This subsection applies to a recall application if, but for this section, section 65(1) or (2) would have the effect of requiring the Board to determine it— (a) (b) while an epidemic management notice is in force; or 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 in respect of whom a recall ap- plication should, by virtue of section 65(1) or (2), have been considered before it.
(2) (3) In relation to an application for a recall application to which subsection (1) applies, it is a sufficient compliance with section 65(1) or (2) (as the case requires) if the Board considers it as soon after it should have been considered as is reasonably practicable in the circumstances.
This subsection applies to the hearing of a recall application if the Board wishes to adjourn it, without the offender’s con- sent,— (a) (b) while an epidemic management notice is in force; or after an epidemic management notice has expired, but while (in the Board’s opinion) there remains as an effect 65 Part 1 s 66 Parole Act 2002 Reprinted as at 4 April 2009 of the outbreak of the disease referred to in the notice a backlog of matters pending before the Board.
(4) (5) (6) (7) 66 (1) The Board may, without the offender’s consent, adjourn the hearing of a recall application to which subsection (3) applies for any period (not exceeding 21 days) it thinks appropriate in the circumstances.
The circumstances referred to in subsections (2) and (4) in- clude— (a) the number of appropriately qualified employees of the chief executive available to provide administrative sup- port to the Board: the number of appropriately qualified employees of the chief executive available to produce reports for and par- ticipate in hearings of the Board: the number of Board members available to conduct hearings: the number and nature of the other matters pending be- fore the Board.
(b) (c) (d) The Board may decide the order in which it should consider recall applications that, by virtue of subsection (2), may be considered as soon after they should have been considered as is reasonably practicable in the circumstances in any order it thinks appropriate.

If the notice applies to only stated parts of New Zealand, sub- sections (1) to (6) apply within those parts only.

Section 65A: inserted, on 19 December 2006, by section 9 of the Parole Amend- ment Act 2006 (2006 No 88).
Board may make final recall order The Board may make a final recall order recalling an offender to continue serving his or her sentence in a prison if, following a hearing on a recall application, it is satisfied on reasonable grounds that 1 or more of the grounds for recall in section 61 have been established.

(2) When deciding whether to make a final recall order in respect of an offender who is currently detained, the Board must make the decision as if the offender were not detained.
66 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 66A (3A) (3) On making a recall order, the Board must issue a warrant in the prescribed form for the arrest of the offender and for the offender to resume serving his or her sentence in a prison.
If a warrant is issued under subsection (3) in respect of an of- fender who is not currently detained, a constable may at any time arrest the offender, whether or not the constable has pos- session of the warrant, for the purpose of returning the offender to a prison to resume serving his or her sentence.
If the Board refuses a recall application,— (a) (4) the Board must direct the offender’s release from cus- tody under any warrant issued under section 63(1) (if applicable); and any release conditions that were suspended resume (subject to paragraph (c)); and the Board may vary or discharge any conditions im- posed by the Board that apply to the offender, without the need for an application under section 56.
(b) (c) Compare: 1985 No 120 s 107L(2)–(4), (7)–(9) Section 66(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 66(3): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 66(3): amended, on 7 July 2004, by section 25(1) of the Parole (Ex- tended Supervision) Amendment Act 2004 (2004 No 67).

Section 66(3A): inserted, on 7 July 2004, by section 25(2) of the Parole (Ex- tended Supervision) Amendment Act 2004 (2004 No 67).
Section 66(3A): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 66(3A): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 66(4)(b): amended, on 1 October 2007, by section 42 of the Parole Amendment Act 2007 (2007 No 28).
66A Protection of constables Section 44 of the Policing Act 2008 applies to protect con- stables as if a warrant issued under section 63(1) or section 66(3) were a process issued out of a court.

Section 66A: inserted, on 7 July 2004, by section 26 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 66A heading: amended, on 1 October 2008, pursuant to section 116(a)(i) of the Policing Act 2008 (2008 No 72).
67 Part 1 s 67 Parole Act 2002 Reprinted as at 4 April 2009 Section 66A: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 66A: amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Reviews and appeals from decisions Review of decisions 67 (1) An offender who is the subject of any decision of the Board under this Act (other than a decision under any of the provi- sions referred to in subsection (2)) may, within 28 days of the decision, apply in writing to the Board for a review of that de- cision.
(2) No review under this section may be sought of— (aa) a decision under section 13AB to make, or refuse to make, a confidentiality order; or (aab) a decision under section 13AE to vary or rescind, or to (a) (b) (c) refuse to vary or rescind, a confidentiality order; or a decision under section 45 about the type of hearing; or a decision under section 46 on a review of a decision about the type of hearing; or a review under section 107(6) of— (i) (ii) an order made under that section; or an order made under section 105 of the Crim- inal Justice Act 1985 (as provided for in section 97(8)).
(3) The grounds for an application for review under this section are that the Board, in making the decision,— (a) failed to comply with the procedures set out in this Act and any regulations made under it; or (b) made an error of law; or (c) failed to comply with a policy of the Board developed under section 109(2)(a), which resulted in unfairness to the offender; or based its decision on erroneous or irrelevant informa- tion that was material to the decision reached; or acted without jurisdiction.
(d) (e) (4) A review under this section must be undertaken, as soon as practicable, by the chairperson or by a panel convenor to whom the chairperson delegates the conduct of the review.

68 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 69 (5) (6) Following a review, the reviewer must— (a) (b) confirm, quash, or amend the decision; or refer the matter back to the Board with a direction to reconsider and decide the matter.
For the purposes of an appeal under section 68,— (a) a decision to confirm, quash, or amend the decision is the final decision of the Board; and a decision of the Board taken following a reconsid- eration in accordance with a referral under subsection (5)(b) is the final decision of the Board.

(b) Section 67(2)(aa): Amendment Act 2007 (2007 No 28).
inserted, on 1 October 2007, by section 43 of the Parole Section 67(2)(aab): inserted, on 1 October 2007, by section 43 of the Parole Amendment Act 2007 (2007 No 28).
68 Appeal to High Court against postponement orders, section 107 orders, and final recall orders (1) An offender who is subject to a postponement order, an order under section 107, or a final recall order may, within 28 days of the date of the decision on a review under section 67 (or whatever longer time the court permits), appeal to the High Court against the decision on the grounds that the order ought not to have been made.
(3) (2) No appeal may be made under this section until the decision to make the order has been reviewed under section 67.

If an offender lodges an appeal, he or she remains subject to the order while the appeal is determined.

In the case of an appeal against a final recall order, without limiting the matters that the court may consider in determin- ing the appeal, the court must consider the need to protect the community, or any person or class of persons.
Compare: 1985 No 120 s 107M(1), (3) (4) 69 Procedure on appeal against postponement orders, section 107 orders, and final recall orders (1) An appellant must forward a copy of his or her appeal to the Board.

69 Part 1 s 70 Parole Act 2002 Reprinted as at 4 April 2009 (3) (2) On receiving a copy of an appeal, the Board must forward to the Registrar of the High Court all information in its posses- sion regarding the decision appealed against.
The Registrar of the High Court must, on receipt of the infor- mation from the Board, set down the appeal for hearing on the first practicable sitting day in the most convenient place where sittings of the High Court are held, and must notify the appel- lant and the Board accordingly.
Subject to this section and, with any necessary modifications, sections 119, 120, 123, 129, 130, 133, 134, 136, and 143 of the Summary Proceedings Act 1957 apply to an appeal under section 68 as if the order appealed against were an order made by a District Court Judge.

(4) (6) (5) On an appeal under section 68, the court may receive in evi- dence anything that the Board could have received at first in- stance.
The court is not bound to allow the appeal on the ground merely of the improper admission or rejection of evidence un- less, in the opinion of the court, a substantive wrong or mis- carriage of justice occurred because of it.
Compare: 1985 No 120 s 107M(2), (5), (6) Powers of court on appeal 70 (1) On an appeal against a postponement order or an order under section 107 the court may— (a) (b) confirm, quash, or amend the order; or refer the matter back to the Board with a direction to re- consider and decide the matter, in which case it must— advise the Board of its reasons for doing so; and (i) give the Board any directions that it thinks just (ii) concerning any aspect of the reconsideration.
(2) On an appeal against a final recall order, the court may— (a) (b) confirm the order; or quash the order and, unless the offender is liable to be detained under this or any other enactment,— (i) direct the release of the offender from custody; or 70 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 72 (ii) direct the release of the offender on standard re- lease conditions (in which case the conditions are deemed to have been imposed by the Board), and refer the offender to the Board for consideration of whether to impose any special conditions; or refer the matter back to the Board with a direction to re- consider and decide the matter, in which case it must— advise the Board of its reasons for doing so; and (i) give the Board any directions that it thinks just (ii) concerning any aspect of the reconsideration.
(c) Compare: 1985 No 120 s 107M(4), (8) Section 70(2)(b)(ii): amended, on 1 October 2007, by section 44 of the Parole Amendment Act 2007 (2007 No 28).

Offences Offence to breach conditions Every offender commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000, who breaches, without rea- sonable excuse, any standard release conditions or any special conditions imposed by the Board.
The conviction and sentencing of an offender under this sec- tion does not limit the power to recall the offender from parole or compassionate release.

Compare: 1985 No 120 s 107H(1), (3) Section 71(1): amended, on 1 October 2007, by section 45(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 71(2): amended, on 1 October 2007, by section 45(2) of the Parole Amendment Act 2007 (2007 No 28).
Offence to refuse entry to residence specified under residential restrictions This section applies to a residence (the residence) in which an offender is required to reside under residential restrictions.
Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow a probation officer who has identi- fied himself or herself to enter into the residence if the offender 71 71 (1) (2) 72 (1) (2) Part 1 s 73 Parole Act 2002 Reprinted as at 4 April 2009 (3) (4) is required to be in the residence at the time that the probation officer seeks entry.
Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow an authorised person to enter into the residence for the purpose of servicing or inspecting any equipment used in the electronic monitoring of the offender’s compliance with the residential restrictions (whether or not the offender is required to be in the residence at that time).
For the purposes of subsection (3), an authorised person is a person who— (a) is a probation officer and has identified himself or her- self; or accompanies a person described in paragraph (a); or is authorised in writing by a probation officer and has produced that written authority to an occupant of the residence.

(b) (c) Section 72: substituted, on 1 October 2007, by section 46 of the Parole Amend- ment Act 2007 (2007 No 28).
Arrest of offenders Arrest without warrant 73 (1) Any constable may arrest, without a warrant, an offender whom the constable has reasonable grounds to believe is unlawfully at large.

(2) Any constable or any probation officer may arrest, without a warrant, an offender whom the constable or officer has reason- able grounds to believe has breached any of his or her release condition or conditions of an extended supervision order.
Compare: 1985 No 120 s 107H(2) Section 73(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 73(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 73(2): amended, on 1 October 2007, by section 47 of the Parole Amend- ment Act 2007 (2007 No 28).

Section 73(2): amended, on 7 July 2004, by section 9 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
72 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 74 73A Power to enter premises to arrest (1) A constable may, at any time, for the purpose of arresting an offender named in a warrant issued under section 63(1) or sec- tion 66(3), enter any premises, by force if necessary, if he or she has reasonable cause to believe that the offender is in or on the premises.
If the constable who is executing the warrant is not in uniform, and the person in actual occupation of the premises asks the constable to produce evidence of his or her authority, the con- stable must produce the warrant or a badge or other evidence that he or she is a constable.

Compare: 1957 No 87 s 22 (2) Section 73A: inserted, on 7 July 2004, by section 27 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
Section 73A(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 73A(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Regulations 74 Regulations The Governor-General may, from time to time, by Order in Council, make regulations for all or any of the following pur- poses: (a) (b) (c) (d) (e) prescribing forms for the purpose of this Part and Part 1A: prescribing the manner in which the key dates and non- parole periods of sentences of imprisonment are to be determined: providing that specified information must be provided to offenders, and prescribing the manner and form in which that information is to be provided: regulating the operation of the Board: prescribing offences in respect of the contravention of, or non-compliance with, any regulations made under this section and the amounts of the fines that may be imposed in respect of those offences, which fines must not exceed $500: 73 Part 1 s 75 Parole Act 2002 Reprinted as at 4 April 2009 (f) generally providing for any other matters that are con- templated by, or necessary for giving full effect to, this Part and Part 1A, and their due administration.
Section 74(a): amended, on 7 July 2004, by section 10(a) of the Parole (Ex- tended Supervision) Amendment Act 2004 (2004 No 67).

Section 74(f): amended, on 7 July 2004, by section 10(b) of the Parole (Ex- tended Supervision) Amendment Act 2004 (2004 No 67).
Subpart 3—Sentence calculation Cumulative sentences Cumulative sentences form notional single sentence If, after the commencement date, an offender is sentenced to a sentence of imprisonment (a later sentence) that is directed to be served cumulatively on another sentence (an earlier sen- tence), the later sentence and the earlier sentence form a no- tional single sentence for the purpose of determining— (a) whether the offender is subject to a long-term sentence or a short-term sentence; and the non-parole period to apply when determining the offender’s parole eligibility date; and the release date to apply when determining the of- fender’s statutory release date.
(b) (c) If the earlier sentence is part of a series of cumulative sen- tences, then all the sentences (including any pre-cd sentences) in that series, along with the later sentence, form a notional single sentence for the purpose described in subsection (1).

Every sentence (including any pre-cd sentences) in a series of cumulative sentences links to the next one in the series at its sentence expiry date.
Every notional single sentence is deemed to be a sentence that is imposed on or after the commencement date, even if it con- tains a pre-cd sentence.

Start date of sentence of imprisonment General rules about start date of sentence of imprisonment The start date of a sentence of imprisonment imposed after the commencement date is the date on which the sentence is imposed, except as otherwise provided in sections 77 to 81.
75 (1) (2) (3) (4) 76 (1) 74 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 80 (2) 77 78 79 (1) (2) (3) The start date of a pre-cd sentence is the date, determined under Part 4 of the Criminal Justice Act 1985, on which the sentence commences.

Compare: 1985 No 120 s 78(1) Start date of notional single sentence The start date of a notional single sentence is the start date of the first sentence in the series of sentences that forms the notional single sentence.
Deferred start date If a court defers a start date under section 100 of the Sentencing Act 2002, the start date of the sentence of imprisonment is the date on which the offender is taken into custody after the expiry of the period specified by the court.
Compare: 1985 No 120 s 78(3) Start date if later sentence replaces original sentence The start date of a sentence that is substituted for a sentence that was quashed or otherwise set aside on appeal (the original sentence) is the start date of the original sentence.
If a sentence (the original sentence) ceases to apply because the conviction to which it relates is quashed and a retrial ordered, and if a sentence of imprisonment is imposed follow- ing the retrial, the start date of the later sentence is the start date of the original sentence.
In either situation referred to in subsection (1) or subsection (2), if the original sentence was directed to be served cumula- tively on another sentence but the later sentence is not directed to be served cumulatively, then the start date of the later sen- tence is the start date that the original sentence would have had if it had not been directed to be served cumulatively.

Section 79: substituted, on 7 July 2004, by section 28 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
80 (1) Start date after temporary surrender to New Zealand This section applies if an offender is temporarily surrendered to New Zealand under the Extradition Act 1999 and— 75 Part 1 s 81 Parole Act 2002 Reprinted as at 4 April 2009 (a) (b) is convicted and sentenced to a sentence of imprison- ment; and is required to be returned in accordance with section 66(2) of the Extradition Act 1999 to the country from which the offender was surrendered on completion of the proceedings to which the extradition related.
(2) Unless the court otherwise directs, the start date of the sentence imposed is the date on which the person, having been returned to New Zealand, is taken into custody.

This section applies despite any other provision in this Act.
Compare: 1985 No 120 s 78A (3) 81 Start date of sentence of imprisonment when term imposed If a person on whom a term of imprisonment is imposed for non-payment of a sum of money, disobedience of a court order, or contempt of court is not already detained under a sentence of imprisonment, then the start date of the sentence of impris- onment is the day on which the person is taken into custody to serve the term imposed.
Compare: 1985 No 120 s 78(7) Sentence expiry dates 82 (1) (2) Sentence expiry date The sentence expiry date of a determinate sentence is the date that is reached when the offender who is subject to the sentence has served the full term of the sentence.

The sentence expiry date of a notional single sentence is the sentence expiry date of the last sentence in the series of sen- tences that forms the notional single sentence.

(3) An indeterminate sentence has no sentence expiry date.
Sentence expiry date of pre-cd sentence The sentence expiry date of a pre-cd sentence is the date, de- termined under Parts 4 and 6 of the Criminal Justice Act 1985, on which the sentence expires.

83 76 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 84 Non-parole periods 84 (1) (2) (3) (4) (5) Non-parole periods The non-parole period of a long-term determinate sentence is one-third of the length of the sentence, unless the sentence is one to which subsection (2) or subsection (4) applies.
The non-parole period of a sentence in respect of which the court has imposed a minimum term of imprisonment (whether under section 86, section 89, or section 103 of the Sentencing Act 2002) is the minimum term imposed.

The non-parole period of a sentence of imprisonment for life (other than one in respect of which the court has imposed a minimum term of imprisonment) is 10 years.
The non-parole period of a long-term notional single sentence is the total obtained by adding together all the non-parole periods of every sentence that makes up the notional single sentence.
For the purpose only of calculating the non-parole period of a long-term notional single sentence,— (a) every short-term sentence (being a sentence imposed after the commencement date) within the notional sin- gle sentence must be treated as if it had a non-parole period of one-third of its length; and every long-term pre-cd sentence under which the of- fender is eligible for parole must be treated as if it had a non-parole period of the period represented by the time between the commencement of the sentence and the close of the date on which the offender is eligible to be released on parole from that sentence under section 89 of the Criminal Justice Act 1985; and every pre-cd sentence under which the offender is not eligible for parole (including every short-term pre-cd sentence) must be treated as if it had a non-parole period of the period represented by the time between the com- mencement date of the sentence and the close of the date on which the offender must be released from that sen- tence (the sentence’s final release date) under section 90 of the Criminal Justice Act 1985.
(b) (c) 77 Part 1 s 85 Parole Act 2002 Reprinted as at 4 April 2009 85 86 (1) (2) Pre-cd sentences do not have non-parole periods Pre-cd sentences do not have non-parole periods under this Act and, except for the purpose described in section 84(5), the re- quirement in section 88(1) for the chief executive to determine the non-parole period of sentences does not apply to pre-cd sentences.
Release dates Release date of sentence The release date of a short-term sentence (including a short- term notional single sentence) is the date on which the offender who is subject to the sentence has served half of it.

The release date of a long-term determinate sentence (includ- ing a long-term notional single sentence) is its sentence expiry date.

(3) An indeterminate sentence has no release date.


87 (1) (2) Release date of pre-cd sentence The release date of a short-term pre-cd sentence is the final release date of the sentence, as determined under section 91 of the Criminal Justice Act 1985.

The release date of a long-term determinate pre-cd sentence is the date that is 3 months before its sentence expiry date.
(3) Despite subsection (2), the release date of a long-term determinate pre-cd sentence that was imposed before the commencement of the Criminal Justice Amendment Act 1993 (which was 1 September 1993) is the final release date of the sentence, as determined under section 91 of the Criminal Justice Act 1985.

(4) An indeterminate pre-cd sentence has no release date.
Determining key dates Chief executive must determine key dates, etc The chief executive must ensure that the key dates and non-pa- role period of every sentence to which an offender is sub- ject, and the offender’s parole eligibility date and statutory re- lease date (if any), are determined in accordance with this Part 88 (1) 78 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 90 and any regulations made under this Act, or with Parts 4 and 6 of the Criminal Justice Act 1985 and the Criminal Justice Regulations 1985, as the case requires.
(2) Despite subsection (1), the non-parole period and release date of every sentence imposed on an offender need not be deter- mined if the offender’s parole eligibility date and statutory re- lease date (if any) may be correctly calculated without deter- mining all the non-parole periods and release dates.

(3) A determination under this section may be revised at any time.
Compare: 1985 No 120 s 91 Determining how much time has been served Determining time served 89 (1) When determining how much of a sentence imposed on or after the commencement date an offender has served, the pro- visions of this subpart apply.

(2) When determining how much of a pre-cd sentence an offender has served, Parts 4 and 6 of the Criminal Justice Act 1985 continue to apply.
90 (1) Period spent in pre-sentence detention deemed to be time served For the purpose of calculating the key dates and non-parole period of a sentence of imprisonment (including a notional sin- gle sentence) and an offender’s statutory release date and pa- role eligibility date, an offender is deemed to have been serv- ing the sentence during any period that the offender has spent in pre-sentence detention.
(2) When an offender is subject to 2 or more concurrent sen- tences,— (a) (b) the amount of pre-sentence detention applicable to each sentence must be determined; and the amount of pre-sentence detention that is deducted from each sentence must be the amount determined in relation to that sentence.
(3) When an offender is subject to 2 or more cumulative sentences that make a notional single sentence, any pre-sentence deten- 79 Part 1 s 91 Parole Act 2002 Reprinted as at 4 April 2009 tion that relates to the cumulative sentences may be deducted only once from the single notional sentence.
Compare: 1985 No 120 ss 81(7), (9), 81A(5), 81B(5) 91 Meaning of pre-sentence detention (1) Pre-sentence detention is detention of a type described in subsection (2) that occurs at any stage during the proceedings leading to the conviction or pending sentence of the person, whether that period (or any part of it) relates to— (a) any charge on which the person was eventually con- victed; or any other charge on which the person was originally arrested; or any charge that the person faced at any time between his or her arrest and before conviction.
(b) (c) The types of detention that are pre-sentence detention are de- tention under an order made under section 24(2) of the Crim- inal Procedure (Mentally Impaired Persons) Act 2003 and de- tention on remand pursuant to a court order— (a) in a prison (or in a Police station in accordance with section 35 of the Corrections Act 2004): in a residence established under section 364 of the Chil- dren, Young Persons, and Their Families Act 1989, or detention in Police custody under section 238(1)(e) of that Act: in a hospital or secure facility under any of sections 23, 35, 38(2), and 44(1) of the Criminal Procedure (Men- tally Impaired Persons) Act 2003: in a hospital or secure facility pursuant to an order under section 171(2) of the Summary Proceedings Act 1957: in a hospital following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992: in a secure facility following an application under sec- tion 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003: in a hospital under section 46 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.
(b) (c) (d) (e) (ea) (f) (2) 80 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 91 (3) (4) In the case of an extradition offender (as defined in section 93), pre-sentence detention includes detention in custody over- seas in relation to a request for extradition, as recorded on a certificate obtained under section 62 of the Extradition Act 1999 (including any substitute certificate obtained under that section).
In the case of an ICC offender (as defined in section 93), pre-sentence detention includes detention in custody over- seas, as recorded on a certificate obtained under section 99 of the International Crimes and International Criminal Court Act 2000 (including any substitute certificate obtained under that section).
In the case of a MACM offender (as defined in section 93), pre-sentence detention includes detention in custody over- seas, as recorded on a certificate obtained under section 41B of the Mutual Assistance in Criminal Matters Act 1992 (in- cluding any substitute certificate obtained under that section).
(5) Detention that would, under subsection (2) or subsection (3), be pre-sentence detention, is not pre-sentence detention for the purposes of subsection (1) if the offender was, during that detention,— (a) (4A) under legal custody in accordance with the Corrections Act 2004 and serving a sentence of imprisonment; or in the case of an extradition offender, detained in cus- tody under a sentence for an offence imposed under the law of the country from where the offender was extra- dited under the request for extradition.
(b) (6) In subsection (5)(a), serving a sentence of imprisonment in- cludes time spent in a prison following an application for a recall order, but only if— (a) a final recall order is made following that application; and the offender was not, immediately before the applica- tion for the recall order was made, subject to condi- tions related to the offender’s home detention under a direction of the Board given before the commencement of section 72 of the Parole Amendment Act 2007 or in (b) 81 Part 1 s 92 Parole Act 2002 Reprinted as at 4 April 2009 accordance with that section, whether those conditions were suspended or not.
Compare: 1985 No 120 ss 81(1), (8), 81A, 81B Section 91(2): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 91(2)(a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 91(2)(c): substituted, on 1 September 2004, by section 51 of the Crim- inal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
Section 91(2)(d): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 91(2)(ea): inserted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 91(4A): inserted, on 30 June 2002, by section 18(1) of the Mutual As- sistance in Criminal Matters Amendment Act 2002 (2002 No 23).
Section 91(5)(a): substituted, on 1 October 2007, by section 50(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 91(6): substituted, on 1 October 2007, by section 50(2) of the Parole Amendment Act 2007 (2007 No 28).
92 (1) Procedure for recording length of pre-sentence detention The person who is in charge of a prison, social welfare resi- dence, hospital, or secure facility referred to in section 91(2) (in this section referred to as a detention place) must keep a record of— (a) the date on which a person is admitted to the detention place on detention as referred to in section 91(2); and the total period during which the person is subse- quently detained before sentence in that detention place, whether on the original charge or any other charge.
(b) (2) After sentencing, the person in charge of the detention place (other than a Police jail) must supply the offender with a copy of the record kept under subsection (1) and, if the offender disputes the accuracy of the record, he or she may apply to the person who made it to review it.
(3) A person in charge of a detention place (other than a Police jail) who receives an application under subsection (2) must immediately review the record and, having reviewed it, must notify the offender in writing of— (a) whether the record is confirmed; or 82 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 93 (4) the manner in which the record is amended.
(b) If the offender is dissatisfied with the outcome of the review, he or she may appeal the review to the court that imposed the sentence, in which case Part 4 of the Summary Proceedings Act 1957, or (as the case may require) Part 13 of the Crimes Act 1961, applies so far as it is applicable and with any neces- sary modifications, to the appeal.
(5) An extradition offender or an ICC offender or a MACM of- fender (as defined in section 93) may exercise the rights in this section to review and appeal a record of pre-sentence detention (as recorded on their relevant certificates) in the same way as any other offender may seek a review and appeal against a de- termination of the record of pre-sentence detention.
Compare: 1985 No 120 s 81(1), (4)–(6), 81A(3), (4), (9), (10), 81B(3), (4), (8)–(10) Section 92(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 92(1): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 92(5): amended, on 30 June 2002, by section 18(2) of the Mutual As- sistance in Criminal Matters Amendment Act 2002 (2002 No 23).
93 Definition of extradition offender and ICC offender and MACM offender (1) An offender is an extradition offender for the purpose of sec- tions 91 and 92 if— (a) the offender was convicted following his or her extradi- tion to New Zealand of the offence to which the extra- dition related, or of any other offence for which he or she could be tried in New Zealand in accordance with section 64 of the Extradition Act 1999 as a result of that extradition; and the offender was detained in custody in the country from where the offender was extradited in relation to the re- quest for extradition; and a certificate under section 62 of the Extradition Act 1999 was obtained showing the total period during which the offender was held in custody in relation to the request for extradition.
(b) (c) (2) An offender is an ICC offender if— 83 Part 1 s 94 Parole Act 2002 Reprinted as at 4 April 2009 (a) (b) section 98(1) of the International Crimes and Inter- national Criminal Court Act 2000 applies to the offender; and a certificate was obtained under section 99 of the Inter- national Crimes and International Criminal Court Act 2000 showing the total period during which the offender was held in custody overseas in relation to a request by the ICC before the imposition of sentence in New Zealand.
(3) An offender is a MACM offender if— (a) (b) section 41A of the Mutual Assistance in Criminal Mat- ters Act 1992 applies to the offender; and a certificate was obtained under section 41B of the Mu- tual Assistance in Criminal Matters Act 1992 show- ing the total period during which the offender was held in custody overseas in relation to a request by a for- eign country before the imposition of sentence in New Zealand.
Compare: 1985 No 120 ss 81A(1), 81B(1) Section 93 heading: amended, on 30 June 2002, by section 18(3) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).

Section 93(3): added, on 30 June 2002, by section 18(4) of the Mutual Assist- ance in Criminal Matters Amendment Act 2002 (2002 No 23).
Time ceases to run in certain circumstances For the purpose of calculating how much time an offender who is subject to a sentence of imprisonment has served, time ceases to run,— (a) for an offender detained in a prison, during any period when the offender is unlawfully at large from detention; and for an offender on parole or compassionate release, dur- ing any period between the date on which an application for a recall order is lodged and the date on which the of- fender is next taken into custody.
[Repealed] (c) Compare: 1985 No 120 ss 94(7), 107I(8), (9) (b) Section 94(a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

94 84 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 96 Section 94(b): amended, on 1 October 2007, by section 51(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 94(b): amended, on 1 October 2007, by section 51(2) of the Parole Amendment Act 2007 (2007 No 28).
Section 94(c): repealed, on 1 October 2007, by section 51(3) of the Parole Amendment Act 2007 (2007 No 28).

95 Time on bail pending appeal does not count as time served (1) Any time during which an offender is released from detention on bail pending an appeal does not count as time served under any sentence.

To avoid doubt, time spent released from detention on bail is not pre-sentence detention (as defined in section 91).
(2) 96 (1) (2) Period between quashed sentence and new sentence does not count as time served Subsection (2) applies if— (a) a sentence of imprisonment is passed on the conviction of an offender; and that conviction is subsequently quashed and a new hear- ing or a new trial is ordered; and following a new hearing or a new trial, the offender is again convicted and a new sentence of imprisonment is imposed on the offender.
(b) (c) In the situation described in subsection (1), the period com- mencing on the quashing of the first sentence and the impos- ition of the new sentence does not count as time served under the new sentence.

(3) However, this section is subject to section 90 (which means that if the offender is remanded in custody during the period described in subsection (2), that period of pre-sentence deten- tion counts as time served under the subsequent sentence).
Compare: 1985 No 120 s 78(6) 85 Part 1 s 97 Parole Act 2002 Reprinted as at 4 April 2009 Subpart 4—Transitional arrangements for offenders subject to pre-cd sentences General rules Application of this Part to offenders subject to pre-cd sentences Every offender who was released under Part 6 of the Criminal Justice Act 1985 before the commencement date is deemed to have been released under subpart 2 of this Part and, in particu- lar,— (a) (b) (c) (d) an offender who was released on parole or at his or her final release date is deemed to be on parole under sec- tion 28, and any conditions to which the offender is sub- ject are deemed to be release conditions imposed by the Board; and an offender who was released to home detention is deemed to be on home detention under section 35 (as in force before the commencement of section 72 of the Parole Amendment Act 2007), and any conditions to which the offender is subject are deemed to be deten- tion conditions imposed by the Board; and an offender who was released under a direction by the Minister of Corrections under section 94 of the Crim- inal Justice Act 1985 is deemed to have been released on compassionate release under section 41, and any condi- tions to which the offender is subject are deemed to be release conditions imposed by the Board; and an offender who was directed to be released under the Criminal Justice Act 1985 before the commencement date, but who (although the direction had not been re- voked) had not in fact been released by that date, must be released under the Criminal Justice Act 1985 in ac- cordance with the direction but, once the offender is released, paragraphs (a), (b), and (c) apply as if the offender had been released before the commencement date.
If, before the commencement date, an offender is referred under section 97(5) or (6) of the Criminal Justice Act 1985 to the Board for consideration but the Board has not made a de- 97 (1) (2) 86 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 97 (3) (4) cision then, after the commencement date, the offender must be brought to the attention of the chairperson for consideration for referral to the Board under section 25 of this Act.
If, before the commencement date, an offender is being con- sidered by the Minister of Corrections for early release under section 94 of the Criminal Justice Act 1985 but the Minister has not made a decision, then, after the commencement date, the offender must be brought to the attention of the chairper- son for consideration for referral to the Board under section 41 of this Act.
If an offender referred to in subsection (3) was being consid- ered by the Minister of Corrections on the ground referred to in section 94(1)(c) of the Criminal Justice Act 1985, the chair- person may refer the offender, and the Board may release him or her under section 41 of this Act, as if he or she were eligible to be considered under that section.
(5) A properly made application for a recall order that is made under the Criminal Justice Act 1985 before the commence- ment date must, after the commencement date, be treated as if it were a properly made recall application under section 60 of this Act, and sections 65 and 66 apply accordingly.
(6) A properly made interim recall order that is made under the Criminal Justice Act 1985 before the commencement date must, after the commencement date, be treated as if it were a properly made interim recall order made under section 62 of this Act, and sections 63 to 66 apply accordingly.

(7) An application for an order under section 105 of the Criminal Justice Act 1985 must, after the commencement date, be dealt with as if it were an application under section 107 of this Act.
Every order made under section 105 of the Criminal Justice Act 1985 must be reviewed by the Board under section 107(6) of this Act as if the order had been made under that section.

(8) (9) Despite subsection (1), every appeal against a decision made under Part 4 or Part 6 of the Criminal Justice Act 1985 must, whether the appeal is lodged before or after the commence- ment date, be lodged and dealt with as if Part 6 of that Act had not been repealed.
Section 97(1)(b): amended, on 1 October 2007, by section 52 of the Parole Amendment Act 2007 (2007 No 28).
87 Part 1 s 98 Parole Act 2002 Reprinted as at 4 April 2009 98 Transitional provisions for hearings within 3 months after commencement date (1) During the transition period (defined in subsection (3)), every hearing by the Board of a type referred to in section 42 (which relates to hearings to decide release conditions at statutory re- lease, parole hearings, and home detention hearings) must be an attended hearing as described in section 49, despite any- thing in sections 45 to 48.
To avoid doubt, during the transition period the Board may exercise any and all of its powers under sections 42 to 50 with respect to hearings due to be held after the end of the transition period.

In this section and section 99, transition period means the period starting on the commencement date and ending on the date that is 3 months after the commencement date.
(3) (2) 99 (1) Chief executive may exercise certain powers before commencement date Before the commencement date, the chief executive may, with respect to any hearing by the Board that is due to be held dur- ing the transition period (defined in section 98(3)), take any administrative steps that are necessary or desirable to ensure that, after the commencement date, the Board will be able to conduct the hearings as required by this Act, including— (a) arranging for reports to be provided to the Board as re- quired by section 43(1); and giving notice as required by section 43(2) and (3); and providing victims who request information (as permit- ted under section 44) with that information; and fixing times for attended hearings and giving notice as required by section 45(7)(b) and (c).
(b) (c) (d) (2) After the commencement date, any power exercised by the chief executive under subsection (1) is deemed to have been exercised by the Board.
100 Offenders subject to non-association orders (1) This section applies to an offender who is subject to a pre-cd sentence and to an order made under section 77B of the Crim- inal Justice Act 1985 that the offender must not associate with 88 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 103 any specified person or with persons of any specified class (a non-association order).
(2) When an offender to whom this section applies is released under this Part, he or she is subject to the non-association order imposed by the court in addition to the conditions imposed by the Board as if, for all purposes, the order were a release con- dition imposed by the Board.

The offender or a probation officer may apply to the Board for the variation or discharge of a non-association order as if the order were a special condition imposed under this Part.
(3) 101 Corrective training deemed to be short-term sentence For the purposes of this Part, a sentence of corrective training imposed under the Criminal Justice Act 1985 is deemed to be a short-term sentence of imprisonment.
102 Suspended sentences (1) This section applies if,— (a) (b) before the commencement date, an order was made under section 21A(1) of the Criminal Justice Act 1985 suspending a sentence of imprisonment; and after the commencement date, an order is made under section 21A(4) of that Act (as continued for this purpose by section 155 of the Sentencing Act 2002) bringing the suspended sentence into effect.
(2) For the purposes of sentence calculation, the start date of the suspended sentence is the date on which the order under sec- tion 21A(4) of the Criminal Justice Act 1985 is made, and the sentence is deemed to be a short-term sentence imposed after the commencement date.
Release at final release date 103 Purpose and effect of section 104 (1) The purpose of section 104 is to provide a special form of re- lease for offenders who are subject to long-term pre-cd sen- tences and whose release would otherwise be delayed as a re- sult of the operation of subparts 2 and 3.
89 Part 1 s 104 Parole Act 2002 Reprinted as at 4 April 2009 (2) By way of explanation, the effect of section 104 is that, if it applies to an offender, the Board is obliged to release the of- fender on parole at his or her final release date, but the offender is subject to release conditions, and is liable to recall until his or her statutory release date.
104 Release at final release date (1) An offender who is detained under a long-term pre-cd sentence must be released from detention on his or her final release date, subject to the provisions of this section.

If the offender’s final release date is also his or her statutory release date, the offender must be released under subpart 2, and not under this section.
(2) (3) An offender must not be released under this section if, on his or her final release date,— (a) the offender is also subject to a sentence of imprison- ment imposed after the commencement date that has a release date that is later than the offender’s statutory re- lease date as it was at the commencement date; or the offender is subject to an order under section 107, or an application for such an order, or an application under section 105 of the Criminal Justice Act 1985.
(b) If subsection (3) ceases to apply to an offender, the offender must be released under this section on his or her final release date or, if that date has passed, on a date set by the Board that is as soon as practicable after it and that is not a non-release day.
The following sections apply to an offender who is released under this section: (a) (b) sections 7 to 16: section 17, as if the offender were being released at his or her statutory release date: sections 29 to 32, as if the offender were being released on parole: sections 42 to 50, as if the offender were being consid- ered for release on parole: sections 51 to 54, as if the offender were being released at his or her statutory release date: (c) (d) (e) (4) (5) 90 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 106 (f) sections 56 to 73, as if the offender had been released on parole.
(6) A reference in this Act or any other enactment to an offender released on parole includes a reference to an offender released under this section.

105 Calculation of final release dates (1) The final release date of an offender who is subject to a pre-cd sentence must be determined under section 91 of the Criminal Justice Act 1985, but any date so determined may be varied in accordance with section 106.
If, after a final release date has been varied in accordance with section 106, it appears that the original date determined under the Criminal Justice Act 1985 should be amended (for instance, because a sentence is quashed, or an error in the determination is discovered), then the original determination may be amended and, if necessary, section 106 applies to the amended determination.
Section 105(1): amended, on 7 July 2004, by section 30 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
106 Variation and cancellation of final release dates (1) If, after the commencement date, an offender who is subject to a long-term pre-cd sentence is sentenced to a new concurrent sentence whose release date falls between the offender’s final release date and his or her original statutory release date (be- ing the offender’s statutory release date as it was at the com- mencement date), the offender’s final release date becomes the release date of the new sentence; and if the offender becomes subject to more than 1 such new sentence, the final release date becomes the release date of the new sentence that has the latest release date.
If, after the commencement date, an offender who is subject to 1 or more long-term pre-cd sentences is sentenced to a sen- tence that is directed to be served cumulatively on one of the pre-cd sentences, the offender’s final release date— (a) is cancelled if the resulting notional single sentence is a short-term sentence; or (2) (2) 91 Part 1 s 107 Parole Act 2002 Reprinted as at 4 April 2009 (b) if the resulting notional single sentence is a long-term sentence, becomes the date that is calculated by— (i) taking the period between the final release date of the earlier sentence and the expiry date of that sentence; and deducting that period from the sentence expiry date of the notional single sentence.
(ii) (3) When subsection (2)(b) applies, if the notional single sentence is subsequently revised (by extending or reducing the notional single sentence), the offender’s final release date— (a) is cancelled if the revised notional single sentence is a short-term sentence; or (b) must be calculated by deducting the period referred to in subsection (2)(b)(i) from the expiry date of the revised notional single sentence.
(4) Subsection (1) may not be applied if the result would be to extend the offender’s final release date to a date that is later than his or her original statutory release date.

(6) (5) None of subsection (1), subsection (2), or subsection (3) may be applied if the result would be to make the offender’s final release date earlier than it was before the subsection was ap- plied to it.
The final release date of an offender who is subject to a long- term pre-cd sentence is cancelled, and section 104(1) therefore ceases to apply, if the offender is recalled under a final recall order from parole, home detention (directed by the Board be- fore the commencement of section 72 of the Parole Amend- ment Act 2007 or in accordance with that section), or compas- sionate release.
Section 106(6): added, on 7 July 2004, by section 31 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 106(6): amended, on 1 October 2007, by section 53 of the Parole Amendment Act 2007 (2007 No 28).

107 Order that offender not be released (1) This section applies to an offender who is subject to a deter- minate pre-cd sentence for a specified offence (as defined in subsection (9)).
92 Reprinted as at 4 April 2009 Parole Act 2002 Part 1 s 107 (2) (3) The chief executive may apply to the Board at any time before the offender’s final release date for an order that the offender not be released before the applicable release date (as defined in subsection (9)).

The Board must make the order if it is satisfied that the of- fender would, if released before the applicable release date, be likely to commit a specified offence between the date of re- lease and the applicable release date.
(4) A copy of the application under subsection (2), and a copy of any report submitted to the Board, must be given to the of- fender at least 14 days before the application is to be consid- ered, and the offender must be given an opportunity to appear before the Board and state his or her case in person or by coun- sel.

If the Board makes an order, it must state its reasons in writing and give a copy of the order and the reasons to the offender or to his or her counsel.
(5) (6) An order made under this section must be reviewed by the Board at least once in every 6 months following the making of the order, and subsection (4) applies to every review, with all necessary modifications.

(7) On a review, the Board must revoke the order if it is no longer satisfied that the test in subsection (3) is met; and if it revokes the order, the Board must determine the release conditions that will apply to the offender on release.
(9) (8) An order made under this section expires on the applicable release date, unless revoked earlier under subsection (7).
In this section,— applicable release date means,— (a) in the case of an offender subject to a pre-cd sentence imposed for a specified offence, the date that is 3 months before the sentence expiry date: in the case of an offender who is subject to more than 1 pre-cd sentence imposed for a specified offence, the date that is 3 months before the sentence expiry date of the sentence with the latest sentence expiry date (b) specified offence means— (a) murder; or 93 Part 1A s 107A Parole Act 2002 Reprinted as at 4 April 2009 (b) (c) a sexual crime under Part 7 of the Crimes Act 1961 pun- ishable by 7 or more years’ imprisonment; and includes a crime under section 144A or section 144C of that Act; or an offence against any of sections 171, 173 to 176, 188, 189(1), 191, 198 to 199, 208 to 210, 234, 235, or 236 of the Crimes Act 1961.
Section 107(9) specified offence paragraph (c): amended, on 7 July 2004, by section 32 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Part 1A Extended supervision orders Part 1A: inserted, on 7 July 2004, by section 11 of the Parole (Extended Super- vision) Amendment Act 2004 (2004 No 67).

Preliminary Heading: inserted, on 7 July 2004, by section 11 of the Parole (Extended Super- vision) Amendment Act 2004 (2004 No 67).
107A Overview of Part This Part— (a) provides that offenders who have been convicted of cer- tain sexual offences may, after assessment by a health assessor, be made subject to an extended supervision order by a court; and provides that an extended supervision order may last for up to 10 years; and provides that the conditions of an extended supervision order are the standard extended supervision conditions and any special conditions imposed by the Board; and provides rights of appeal and review relating to ex- tended supervision orders.
(b) (c) (d) Section 107A: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 107A(c): amended, on 1 October 2007, by section 54 of the Parole Amendment Act 2007 (2007 No 28).
94 Reprinted as at 4 April 2009 Parole Act 2002 Part 1A s 107B 107B Meaning of relevant offence (1) In this Part, unless otherwise specified, relevant offence means any of the following: (a) an offence referred to in subsection (2) or subsection (3): an attempt to commit any offence referred to in subsec- tion (2) or subsection (3), where the offence is not itself specified as an attempt and the provision does not it- self provide that the offence may be completed on an attempt: a conspiracy to commit any offence referred to in sub- section (2) or subsection (3).
(b) (c) (2) An offence against any of the following sections of the Crimes Act 1961 is a relevant offence: (a) section 128B (sexual violation), but only if the victim of the offence was under the age of 16 at the time of the offence: section 129(1) (attempt to commit sexual violation), but only if the victim of the offence was under the age of 16 at the time of the offence: section 129(2) (assault with intent to commit sexual vio- lation), but only if the victim of the offence was under the age of 16 at the time of the offence: section 129A (sexual conduct with consent induced by certain threats), but only if the victim of the offence was under the age of 16 at the time of the offence: section 130(2) (incest), but only if the victim of the of- fence was under the age of 16 at the time of the offence: section 131(1) (sexual connection with dependent fam- ily member under 18), but only if the victim of the of- fence was under the age of 16 at the time of the offence: section 131(2) (attempted sexual connection with de- pendent family member under 18), but only if the vic- tim of the offence was under the age of 16 at the time of the offence: section 131(3) (indecent act on dependent family mem- ber under 18), but only if the victim of the offence was under the age of 16 at the time of the offence: (b) (c) (d) (e) (f) (g) (h) 95 Part 1A s 107B Parole Act 2002 Reprinted as at 4 April 2009 (i) (j) (k) (l) (m) (n) (o) (oa) (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) (attempted sexual connection with section 131B(1) (meeting young person under 16 fol- lowing sexual grooming, etc): section 132(1) (sexual connection with child under 12): section 130(2) (attempted sexual connection with child under 12): section 132(3) (indecent act on child under 12): section 134(1) (sexual connection with young person under 16): section 134(2) young person under 16): section 134(3) (indecent act on young person under 16): section 135 (indecent assault), but only if the victim of the offence was under the age of 16 at the time of the
 offence: section 138(1) (exploitative sexual connection with per- son with significant impairment): section 138(2) (attempted exploitative sexual connec- tion with person with significant impairment): section 138(4) (indecent act on person with significant impairment): section 139 (indecent act between woman and girl): section 140 (indecency with boy under 12): section 140A (indecency with boy between 12 and 16): [Repealed] section 144A (sexual conduct with children and young people outside New Zealand): section 144C (organising or promoting child sex tours): section 208 (abduction for purposes of marriage or sexual connection), but only if the offence involved a young person under the age of 16 and an intention to have sexual connection with the person: section 210 (abduction of young person under 16), but only if the offence involved an intention to have sexual connection with the person.
(2A) An offence is also a relevant offence if— (a) it is equivalent to an offence against any of the sections of the Crimes Act 1961 referred to in subsection (2); but (b) was committed against a provision of the Crimes Act 1961 that has been repealed.
96 Reprinted as at 4 April 2009 Parole Act 2002 Part 1A s 107B (2B) For the purposes of subsection (2A),— (a) (b) (c) (d) (e) an offence against the former section 133 of the Crimes Act 1961 (indecency with girl under 12) is equivalent to an offence against section 132(3) of that Act (indecent act on child under 12): an offence against the former section 139 of the Crimes Act 1961 (indecent act between woman and girl) is equivalent to an offence against section 134(3) of that Act (indecent act on young person under 16): an offence against the former section 140 of the Crimes Act 1961 (indecency with boy under 12) is equivalent to an offence against section 132(3) of that Act (indecent act on child under 12): an offence against the former section 140A of the Crimes Act 1961 (indecency with boy between 12 and 16) is equivalent to an offence against section 134(3) of that Act (indecent act on young person under 16): an offence against the former section 142 of the Crimes Act 1961 (anal intercourse)— (i) if the person upon whom the act of anal inter- course was committed was under the age of 12 years when the act was committed, is equiva- lent to an offence against section 132(1) of that Act (sexual connection with child under 12); and if the person upon whom the act of anal inter- course was committed was of or over the age of 12 years when the act was committed, is equiva- lent to an offence against section 134(1) of that Act (sexual connection with young person under 16).
(ii) (3) An offence under the Films, Videos, and Publications Classification Act 1993 is also a relevant offence if the offence is punishable by imprisonment and any publication that is the subject of the offence is objectionable because it does any or all of the following: (a) promotes or supports, or tends to promote or support, the exploitation of children, or young persons, or both, for sexual purposes: 97 Part 1A s 107C Parole Act 2002 Reprinted as at 4 April 2009 (b) (c) describes, depicts, or otherwise deals with sexual con- duct with or by children, or young persons, or both: exploits the nudity of children, or young persons, or both.
Section 107B: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 107B(2): substituted, on 20 May 2005, by section 10 of the Crimes Amendment Act 2005 (2005 No 41).

Section 107B(2)(oa): inserted, on 1 October 2007, by section 55(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 107B(2)(v): repealed, on 1 October 2007, by section 55(2) of the Parole Amendment Act 2007 (2007 No 28).
Section 107B(2A): inserted, on 20 May 2005, by section 10 of the Crimes Amendment Act 2005 (2005 No 41).

Section 107B(2B): inserted, on 20 May 2005, by section 10 of the Crimes Amendment Act 2005 (2005 No 41).
107C Meaning of eligible offender (1) In this Part, eligible offender means an offender who— (a) (b) has been sentenced to imprisonment for a relevant of- fence, and that sentence has not been quashed or other- wise set aside; and has not ceased, since his or her latest conviction for a relevant offence that has not been quashed or otherwise set aside, to be subject to a sentence of imprisonment (whether for a relevant offence or otherwise) or to re- lease conditions or detention conditions (whether those conditions are suspended or not); but is not subject to an indeterminate sentence.
(c) To avoid doubt, and to confirm the retrospective application of this provision, despite any enactment or rule of law, an of- fender may be an eligible offender (including a transitional eli- gible offender as defined in section 107Y) even if he or she committed a relevant offence, was most recently convicted, or became subject to release conditions or detention conditions, before this Part came into force.
In this section, detention conditions has the same meaning as it had in section 4 before the commencement of section 72 of the Parole Amendment Act 2007.

(2) (3) 98 Reprinted as at 4 April 2009 Parole Act 2002 Part 1A s 107F Section 107C: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 107C(3): added, on 1 October 2007, by section 56 of the Parole Amend- ment Act 2007 (2007 No 28).
107D Meaning of sentencing court In this Part, sentencing court, in relation to an offender, means the High Court, unless every relevant offence for which the offender is subject to a sentence of imprisonment was imposed by a District Court, or any court on appeal from a District Court, in which case the sentencing court is a District Court presided over by a trial Judge.

Section 107D: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
107E Obligation to assess eligible offenders The chief executive must ensure that, before an eligible of- fender is released from detention, the offender is assessed to determine the likelihood that the offender will commit any of the relevant offences referred to in section 107B(2) after re- lease.

Section 107E: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
Application for, and making of extended supervision orders Heading: inserted, on 7 July 2004, by section 11 of the Parole (Extended Super- vision) Amendment Act 2004 (2004 No 67).
107F Chief executive may apply for extended supervision order The chief executive may apply to the sentencing court for an (1) extended supervision order in respect of an eligible offender at any time before the later of— (a) the sentence expiry date of the sentence to which the offender is subject that has the latest sentence expiry date, regardless of whether that sentence is for a relevant offence; and the date on which the offender ceases to be subject to any release conditions.
(b) 99 Part 1A s 107G Parole Act 2002 Reprinted as at 4 April 2009 (2) An application under this section must be in the prescribed form and be accompanied by a report by a health assessor (as defined in section 4 of the Sentencing Act 2002) that addresses (without limitation) the following matters: (a) (b) (c) (d) the nature of any likely future sexual offending by the offender, including the age and sex of likely victims: the offender’s ability to control his or her sexual im- pulses: the offender’s predilection and proclivity for sexual of- fending: the offender’s acceptance of responsibility and remorse for past offending: any other relevant factors.
(e) To avoid doubt, in addressing the matters listed in subsection (2), the health assessor may take into account any statement of the offender or any other person concerning any conduct of the offender, whether or not that conduct constitutes an of- fence and whether or not the offender has been charged with, or convicted of, an offence in respect of that conduct.

Section 107F: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
(3) Section 107F(3): added, on 1 October 2007, by section 57 of the Parole Amend- ment Act 2007 (2007 No 28).
107G Procedure following application for extended supervision order (1) As soon as practicable after an application for an extended supervision order is made, the chief executive must ensure that the offender who is the subject of the application is served, by personal service, with— (a) (b) (c) a copy of the application; and a copy of the health assessor’s report; and copies of any affidavits accompanying the application; and a notice setting out the offender’s rights and the proced- ures relating to the application.
(d) (2) A Judge of a sentencing court, or a Registrar, Justice, or Com- munity Magistrate, may issue a summons to an offender in respect of whom an application under section 107F is made; 100 Reprinted as at 4 April 2009 Parole Act 2002 Part 1A s 107G and, in that case, sections 24 and 25 of the Summary Proceed- ings Act 1957 apply with all necessary modifications.
(3) A Judge of a sentencing court may issue a warrant for the arrest of the offender if the Judge is of the opinion that a warrant is necessary to compel the attendance of the offender; and, in that case, sections 22 and 23 of the Summary Proceedings Act 1957 and section 316 of the Crimes Act 1961 apply with all necessary modifications.
(4) An offender who is the subject of an application for an ex- tended supervision order must be present at the hearing of the application and may be represented by counsel.
(5) During the hearing, the sentencing court may adjourn the hear- ing and,— (a) (b) (c) if the offender was brought to court under section 65(3) of the Corrections Act 2004, section 65 of that Act ap- plies; or if the offender was brought to court following arrest under a warrant issued under subsection (3), the of- fender may be granted bail in accordance with subsec- tion (6); but, if bail is not granted, the court must remand the offender in custody, in which case the period of the adjournment may not exceed 8 days unless the parties otherwise consent; or in any other case (subject to subsection (9)),— (i) the court may allow the offender to go at large during the period of the adjournment; or the offender may be granted bail in accordance with subsection (6).
(ii) (6) If an offender who is the subject of an application for an ex- tended supervision order may be granted bail,— (a) the Bail Act 2000 applies, with all necessary modifica- tions, as if the offender were charged with an offence and was not bailable as of right; and if the sentencing court is a District Court, Part 3 of that Act applies; and if the sentencing court is the High Court, Part 4 of that Act applies.
(b) (c) 101 Part 1A s 107GA Parole Act 2002 Reprinted as at 4 April 2009 (7) The following provisions of the Summary Proceedings Act 1957 apply, with all necessary modifications, to proceedings for an extended supervision order: (a) (b) section 71 (criminal records): section 201 (amendment of conviction, order, or war- rant): section 203 (acts not generally to be done on Sunday), as if a warrant to arrest issued under this section were a warrant to arrest a person charged with an offence: section 204 (proceedings not to be questioned for want of form): section 206 (contempt of court).
(c) (d) (e) (8) Any summons, warrant, or other form that is prescribed under section 212 of the Summary Proceedings Act 1957 may, if modified appropriately, be used for the purposes of this sec- tion.

Before the Corrections Act 2004 comes into force, section 26(2) of the Penal Institutions Act 1954 applies as if paragraph (a) of that subsection applies to an offender who is subject to an application for an extended supervision order.
(9) (10) Sections 138 to 141 of the Criminal Justice Act 1985 (which relate generally to name suppression) apply, with all necessary modifications, to the hearing of an application for an extended supervision order as if the hearing were a proceeding in respect of an offence under any of sections 128 to 142A of the Crimes Act 1961.

(11) The Costs in Criminal Cases Act 1967 applies, with all neces- sary modifications, to proceedings under this Part.
Section 107G: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 107G(5)(b): amended, on 1 October 2007, by section 58 of the Parole Amendment Act 2007 (2007 No 28).
107GA Application of section 107G during epidemic (1) This subsection applies to the hearing of an application for an extended supervision order relating to an offender who has been remanded in custody following arrest under a warrant issued under section 107G(3) if the court wishes to adjourn it— 102 Reprinted as at 4 April 2009 Parole Act 2002 Part 1A s 107H (2) (a) (b) while an epidemic management notice is in force; or after an epidemic management notice has expired, but while (in the court’s opinion) there remains as an effect of the outbreak of the disease referred to in the notice a backlog of matters pending before the court.
The court may, without the offender’s consent, adjourn the hearing of an application for an extended supervision order to which subsection (1) applies for any period (not exceeding 21 days) it thinks appropriate in the circumstances.

Section 107GA: inserted, on 19 December 2006, by section 10 of the Parole Amendment Act 2006 (2006 No 88).
107H Hearings relating to extended supervision orders (1) In this section, hearing means any hearing before a sentencing court or the Court of Appeal that relates to any of the follow- ing: (a) (b) an application for an extended supervision order: an application for cancellation of an extended super- vision order: an application for extension of an extended supervision order: an appeal under section 107R.
(c) (d) (2) At any hearing, the court may receive and take into account any evidence or information that it thinks fit for the purpose of determining the application or appeal, whether or not it would be admissible in a court of law.
(3) At any hearing, the court is entitled to take into account the fact that an offender refused to co-operate with the preparation of the health assessor’s report required under section 107F(2), but it must also take into account any reasons the offender gives for refusal to co-operate with the preparation of the health as- sessor’s report.

(4) When any hearing is to be held, the chief executive must notify every victim of the offender concerned about the hearing.
(5) A victim may make written submissions to the court and, with the leave of the court, may appear and make oral submissions at the hearing.

103 Part 1A s 107I Parole Act 2002 Reprinted as at 4 April 2009 (6) The court must provide a copy of every order made at or fol- lowing any hearing, along with the reasons for the order, to the offender concerned, the chief executive, and the Police.
(6A) For the purposes of this section, a court may direct that the offender concerned be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be drawn up and a copy given to the offender.

The chief executive must notify every victim of the offender concerned of the outcome of every hearing.

Section 107H: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
(7) Section 107H(6A): inserted, on 1 October 2007, by section 59 of the Parole Amendment Act 2007 (2007 No 28).

107I Sentencing court may make extended supervision order (1) The purpose of an extended supervision order is to protect members of the community from those who, following receipt of a determinate sentence, pose a real and ongoing risk of com- mitting sexual offences against children or young persons.
(3) (2) A sentencing court may make an extended supervision order if, following the hearing of an application made under sec- tion 107F, the court is satisfied, having considered the matters addressed in the health assessor’s report as set out in section 107F(2), that the offender is likely to commit any of the rele- vant offences referred to in section 107B(2) on ceasing to be an eligible offender.
To avoid doubt, a sentencing court may make an extended supervision order in relation to an offender who was, at the time the application for the order was made, an eligible of- fender, even if, by the time the order is made, the offender has ceased to be an eligible offender.

Every extended supervision order must state the term of the order, which may not exceed 10 years.
The term of the order must be the minimum period required for the purposes of the safety of the community in light of— (a) (b) the level of risk posed by the offender; and the seriousness of the harm that might be caused to vic- tims; and the likely duration of the risk.
(5) (4) (c) 104 Reprinted as at 4 April 2009 Parole Act 2002 Part 1A s 107IA (6) If the person to whom an application for an extended supervi- sion order relates is already subject to an extended supervision order, any new order may not be made for a period that, when added to the unexpired portion of the earlier order, exceeds 10 years.

Section 107I: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
107IA Court may impose special conditions on interim basis (1) When a sentencing court makes an extended supervision order in respect of an offender, the court may, on the application of the chief executive, make an order imposing on the offender any special conditions that the Board may impose under sec- tion 107K.
The court may make an order under subsection (1) only if sat- isfied that there may not be sufficient time, before the extended supervision order comes into force, for the Board to determine which (if any) special conditions should be imposed on the of- fender.
(2) (3) An order under subsection (1) may do either or both of the following: (a) (b) suspend any or all of the standard extended supervision conditions that would otherwise apply to the offender: cancel or vary any special conditions that currently apply to the offender.

(4) An order under subsection (1)— (a) (b) takes effect when the extended supervision order to which it relates comes into force; and expires when the special conditions imposed by the order end as provided by section 107L(2A).
(5) The court may, on the application of the chief executive, or on the application of the offender, cancel or vary a subsisting order under subsection (1) if satisfied that the cancellation or variation needs to be made before the Board determines which (if any) special conditions should be imposed on the offender.

(6) Any variation under subsection (5) has effect as an order under (7) subsection (1).

Section 107K applies with all necessary modifications to an order under subsection (1).
105 Part 1A s 107J Parole Act 2002 Reprinted as at 4 April 2009 Section 107IA: inserted, on 1 October 2007, by section 60 of the Parole Amend- ment Act 2007 (2007 No 28).

Nature of extended supervision order Heading: inserted, on 7 July 2004, by section 11 of the Parole (Extended Super- vision) Amendment Act 2004 (2004 No 67).
107J Conditions of extended supervision order (1) The conditions of an extended supervision order are— (a) the standard extended supervision conditions set out in section 107JA; and any special conditions imposed by the Board under sec- tion 107K, which apply for the period determined by the Board.
(b) (2) The standard extended supervision conditions— (a) apply throughout the term of the order (except as pro- vided in section 107K(3) and section 107O); and (b) must be treated for the purpose of sections 56 to 58 as having been imposed by the Board.

Section 107J: substituted, on 1 October 2007, by section 61 of the Parole Amendment Act 2007 (2007 No 28).
107JA Standard extended supervision conditions (1) The standard extended supervision conditions are— (a) the offender must report in person to a probation officer in the probation area in which the offender resides as soon as practicable, and not later than 72 hours, after commencement of the extended supervision order: the offender must report to a probation officer as and when required to do so by a probation officer, and must notify the probation officer of his or her residential ad- dress and the nature and place of his or her employment when asked to do so: the offender must obtain the prior written consent of a probation officer before moving to a new residential address: if consent is given under paragraph (c) and the offender is moving to a new probation area, the offender must re- port in person to a probation officer in the new probation (b) (c) (d) 106 Reprinted as at 4 April 2009 Parole Act 2002 Part 1A s 107K (e) (f) (g) (h) (i) area in which the offender is to reside as soon as prac- ticable, and not later than 72 hours, after the offender’s arrival in the new area: the offender must not reside at any address at which a probation officer has directed the offender not to reside: the offender must obtain the prior written consent of a probation officer before changing his or her employ- ment: the offender must not engage, or continue to engage, in any employment or occupation in which the probation officer has directed the offender not to engage or con- tinue to engage: the offender must take part in a rehabilitative and rein- tegrative needs assessment if and when directed to do so by a probation officer: the offender must not associate with, or contact, a per- son under the age of 16 years, except in the presence and under the supervision of an adult who— (i) (ii) has been informed about the relevant offending: has been approved in writing by a probation of- ficer as suitable to undertake the role of supervi- sion: (j) (k) the offender must not associate with, or contact, a victim of the offender without the prior written approval of a probation officer: the offender must not associate with, or contact, any person or class of person specified in a written direction given to the offender for the purposes of this paragraph.
In this section, contact, includes communicating, or attempt- ing to communicate, with a person by any means, such as by telephone or via the Internet.

Section 107JA: inserted, on 1 October 2007, by section 61 of the Parole Amend- ment Act 2007 (2007 No 28).
(2) 107K Board may impose special conditions (1) At any time before an extended supervision order expires or is cancelled, and whether or not it has come into force, the Board may, on an application by the chief executive or a probation 107 Part 1A s 107K Parole Act 2002 Reprinted as at 4 April 2009 officer, impose on the offender any special condition that the Board is entitled to impose under section 15.
(1A) Despite section 35(c), the Board may impose residential re- strictions without being satisfied that the offender agrees to comply with them.

(2) Any residential restrictions imposed on the offender that in- clude the requirement in section 33(2)(c)(ii) may include a re- quirement that the offender submit to being accompanied and monitored, for up to 24 hours a day, by an individual who has been approved, by a person authorised by the chief executive, to undertake person-to-person monitoring.
(3) When the Board imposes special conditions under this sec- tion,— (a) (b) (c) the Board must specify the duration of those conditions which may (subject to paragraph (b)) be for the full term of the order, or any lesser period; and any residential restrictions that include the requirement in section 33(2)(c)(ii) may apply only within the first 12 months of the term of the order; and if the Board considers that any special conditions im- posed on the offender are incompatible with all or any of the standard extended supervision conditions, the Board may (despite section 107J(1)(a)) suspend those incom- patible standard extended supervision conditions during the period in which those special conditions are in force, and time runs on the suspended conditions during that period.
Subsections (2) and (4) of section 15 apply in respect of special conditions imposed under this section.

If an offender is subject to a special condition under this sec- tion that requires the offender to take prescription medication, the offender does not breach his or her conditions, for the pur- poses of section 107T, if he or she withdraws consent to taking prescription medication.
The Board must notify the offender concerned, and every vic- tim of the offender, if it is considering imposing special con- ditions under this section.

(4) (5) (6) 108 Reprinted as at 4 April 2009 Parole Act 2002 Part 1A s 107L (7) The offender and any victim of the offender may make written submissions to the Board and, with the leave of the Board, may appear and make oral submissions on whether special condi- tions should be imposed, what the conditions should be, and their duration.
(8) Notice of any special conditions attached to an extended super- vision order must be provided, in writing, to the following: (a) (b) (c) (d) the offender: the chief executive: the Police: every victim of the offender; but the Board may with- hold notice of a particular condition if disclosure of the condition would unduly interfere with the privacy of any other person (other than the offender).
Section 107K: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 107K(1): substituted, on 1 October 2007, by section 62 of the Parole Amendment Act 2007 (2007 No 28).

Section 107K(1A): inserted, on 4 April 2009, by section 4(1) of the Parole (Ex- tended Supervision Orders) Amendment Act 2009 (2009 No 6).

Section 107K(2): substituted, on 1 October 2007, by section 62 of the Parole Amendment Act 2007 (2007 No 28).
Section 107K(2): amended, on 4 April 2009, by section 4(2) of the Parole (Ex- tended Supervision Orders) Amendment Act 2009 (2009 No 6).

Section 107K(3): substituted, on 1 October 2007, by section 62 of the Parole Amendment Act 2007 (2007 No 28).

Section 107K(3)(b): amended, on 4 April 2009, by section 4(3) of the Parole (Extended Supervision Orders) Amendment Act 2009 (2009 No 6).
107L Commencement and expiry of extended supervision order (1) An extended supervision order comes into force,— (a) (b) if the order is made while the offender is detained under a sentence of imprisonment or liable to be recalled, on the offender’s statutory release date; or if the order is made at any other time, on the date spe- cified in the order.

(2) Any standard release conditions to which the offender is sub- ject when the extended supervision order comes into force are discharged.
109 Part 1A s 107M Parole Act 2002 Reprinted as at 4 April 2009 (2A) Any special conditions (including any special conditions im- posed under section 107IA) to which the offender is subject when an extended supervision order comes into force continue in force— (a) (b) until the date that is 3 months after the date on which the extended supervision order comes into force; or if an application is made to the Board seeking the imposition of special conditions under section 107K within that 3-month period, until the Board— (i) (ii) imposes 1 or more of those conditions; or imposes any other special condition that the Board is entitled to impose under section 15; or declines to impose any special conditions.
(iii) (3) An extended supervision order expires on the date on which the order is cancelled or the term of the order expires.

Section 107L: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 107L(1)(a): amended, on 1 October 2007, by section 63(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 107L(2): substituted, on 1 October 2007, by section 63(2) of the Parole Amendment Act 2007 (2007 No 28).
Section 107L(2A): inserted, on 1 October 2007, by section 63(2) of the Parole Amendment Act 2007 (2007 No 28).

Cancellation, extension, variation, and suspension of extended supervision orders or conditions Heading: inserted, on 7 July 2004, by section 11 of the Parole (Extended Super- vision) Amendment Act 2004 (2004 No 67).
107M Sentencing court may cancel extended supervision order (1) At any time after an extended supervision order has come into force, the offender who is subject to the order, or the chief ex- ecutive, may apply to the sentencing court to cancel the order on the grounds that the offender is no longer likely to com- mit any of the relevant offences referred to in section 107B(2) within the term of the order.
(2) On receipt of an application for cancellation, the Registrar of the sentencing court must set the matter down for hearing.

110 Reprinted as at 4 April 2009 Parole Act 2002 Part 1A s 107N (3) (4) (5) (6) a copy of the application: notice of the date of the hearing.
The applicant for cancellation must, as soon as practicable, serve on the other party— (a) (b) The sentencing court may order the cancellation of an ex- tended supervision order only if the applicant satisfies the court that the offender is no longer likely to commit any of the relevant offences referred to in section 107B(2) within the term of the order.

Section 107G(7) and (8) applies to proceedings under this sec- tion.
If the sentencing court declines to order the cancellation of an order, the court may at the same time, and on its own initiative or on application by the chief executive, order that the offender not be permitted to apply under this section for a specified period of not more than 2 years.

Section 107M: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
107N Extension of short extended supervision order (1) At any time before the expiry of an extended supervision order whose term is less than 10 years, the chief executive may apply to the sentencing court for an extension of the order up to the maximum term of 10 years.
(2) An application may be made under this section only if— (a) (b) the offender to whom the order relates has been con- victed under section 107T, in the 12 months preceding the application, of the offence of breaching a condition of the order; or the offender agrees in writing to the application being made.

Subsection 107G applies, with all necessary modifications, to an application under this section.
The sentencing court may order that an extended supervision order be extended if— (a) it is satisfied, having considered the matters addressed in the health assessor’s report as set out in section 107F(2), that the offender is likely to commit any of the (3) (4) 111 Part 1A s 107O Parole Act 2002 Reprinted as at 4 April 2009 relevant offences referred to in section 107B(2) after the expiry of the existing order; or the offender agrees in writing to the extension of the order for the term ordered by the court.
(5) An extended supervision order may not be extended for a term (b) that results in the total term of the order exceeding 10 years.

Section 107N: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
(2) (3) 107O Board may vary conditions of extended supervision order (1) At any time, whether before or after an extended supervision order has come into force, the offender who is subject to the order, or a probation officer, may apply to the Board for the variation or discharge of any condition of the order.

Sections 56, 57, and 58(1) and (4) apply as if the conditions of the extended supervision order were release conditions, and as if the offender were already subject to the conditions.
If the conditions of an extended supervision order are varied or discharged, notice of the conditions as so varied or discharged must be provided to the following: (a) (b) (c) (d) the offender: the probation officer involved: the Police: every victim of the offender; but the Board may with- hold notice of a particular condition if disclosure of the condition would unduly interfere with the privacy of any other person (other than the offender).
Section 107O: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
107P Suspension of conditions of extended supervision order (1) The conditions of an offender’s extended supervision order are suspended, and time ceases to run on the order during— (a) any period that the offender is under legal custody in accordance with the Corrections Act 2004; and any subsequent period following the offender’s release (if applicable) until the offender’s statutory release date.
If the conditions of an extended supervision order are sus- pended under subsection (1), they are reactivated,— (b) (2) 112 Reprinted as at 4 April 2009 Parole Act 2002 Part 1A s 107Q (a) (b) in the case of an offender who is detained under a sen- tence of imprisonment, on the offender’s statutory re- lease date and in place of any other release conditions that would otherwise apply; and in the case of an offender who is detained under a court order, on the date the offender is released.
(3) If an offender who is subject to an extended supervision order is detained in a hospital or secure facility under a compulsory care order or under a compulsory treatment order, then— (a) the conditions of the extended supervision order are sus- pended while the offender is detained, but a probation officer may reactivate any condition that is required to ensure that the offender does not pose an undue risk to the community or any person or class of persons; and time on the order continues to run during the period of detention; and the conditions that have not been reactivated earlier are reactivated when the offender is released.
(b) (c) Section 107P: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 107P(1): substituted, on 1 October 2007, by section 64(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 107P(2)(a): amended, on 1 October 2007, by section 64(2) of the Parole Amendment Act 2007 (2007 No 28).

Section 107P(3): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
107Q Effect of new sentence on offender subject to extended (1) (2) (3) supervision order If an offender who is subject to an extended supervision order that is in force is sentenced to a community-based sentence or a sentence of home detention, the extended supervision order continues in force while the offender serves the sentence.
If an offender who is subject to an extended supervision order is sentenced to a determinate sentence, time ceases to run on the order, and the conditions of the order are suspended and then reactivated, in accordance with section 107P.
If an offender who is subject to an extended supervision order is sentenced to an indeterminate sentence, the order is can- celled; but if the sentence is subsequently quashed or other- 113 Part 1A s 107R Parole Act 2002 Reprinted as at 4 April 2009 wise set aside, the extended supervision order is to be treated as if it had not been cancelled.

Section 107Q: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
Section 107Q(1): amended, on 1 October 2007, by section 65 of the Parole Amendment Act 2007 (2007 No 28).

Appeals and reviews Heading: inserted, on 7 July 2004, by section 11 of the Parole (Extended Super- vision) Amendment Act 2004 (2004 No 67).
(2) 107R Appeals against decisions of sentencing court (1) An appeal against a decision or order made by the sentencing court under section 107I, section 107M, or section 107N may be made by the offender to whom the decision or order relates or by the chief executive.
Every appeal must be to the Court of Appeal, and Part 13 of the Crimes Act 1961 applies, with all necessary modifications and subject to section 107H of this Act, as if the appeal were an appeal against sentence under section 383 of the Crimes Act 1961.

The lodging of an appeal against a decision or order does not prevent that decision or order taking effect according to its terms.

Section 107R: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
(3) 107S Review of Board decisions Section 67 (which provides for reviews of decisions by the Board) applies to decisions by the Board under section 107K or section 107O.

Section 107S: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

114 Reprinted as at 4 April 2009 Parole Act 2002 Part 1A s 107W Miscellaneous provisions Heading: inserted, on 7 July 2004, by section 11 of the Parole (Extended Super- vision) Amendment Act 2004 (2004 No 67).
107T Offence to breach extended supervision order An offender who is subject to an extended supervision order and who breaches, without reasonable excuse, any conditions attaching to that order commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 2 years.

Section 107T: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
107U Rules about court practice and procedure The Governor-General may from time to time, by Order in Council, make rules regulating the practice and procedure of courts in proceedings under section 107I, section 107M, or section 107N.

Compare: 1991 No 120 s 90 Section 107U: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
107V Additional victim notification The chief executive must notify every victim of an offender who is subject to an extended supervision order if any of the following occurs: (a) the offender is convicted of an offence against section 107T: the offender’s extended supervision order expires: the offender dies.

(b) (c) Section 107V: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
107W Information about victims not to be disclosed In any proceedings under this Part, no person may, directly or indirectly, disclose to the offender any information that dis- closes the current address or contact details of any victim of the offender (as defined in section 4 of the Victims’ Rights Act 2002).

115 Part 1A s 107X Parole Act 2002 Reprinted as at 4 April 2009 Section 107W: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
107X Application of Legal Services Act 2000 For the purposes of section 6(a) of the Legal Services Act 2000 (which identifies proceedings for which legal aid may be granted), proceedings under this Part before any court are criminal proceedings.

Section 107X: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
Transitional measures Heading: inserted, on 7 July 2004, by section 11 of the Parole (Extended Super- vision) Amendment Act 2004 (2004 No 67).
107Y Definitions In this section and section 107Z,— introduction date means 11 November 2003, which was the date on which the Parole (Extended Supervision) and Sentenc- ing Amendment Bill 2003 was introduced into the House of Representatives transitional eligible offender means any one of the follow- ing: (a) any person who, on or after the introduction date, would have been an eligible offender if this Part had been in force on or after that date, but who ceases to be an eli- gible offender before this Part comes into force: any person who, on the date on which this Part comes into force, is an eligible offender, but who ceases to be an eligible offender within 6 months after this Part comes into force.
(b) Section 107Y: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

107Z Applications in respect of transitional eligible offenders to be made within first 6 months after commencement This Part applies to a transitional eligible offender in the same way as it applies to an eligible offender, except as provided in subsection (2).
(1) 116 Reprinted as at 4 April 2009 Parole Act 2002 Part 2 s 109 (2) The chief executive may apply for an extended supervision order in respect of a transitional eligible offender until 5 pm on the day that is 6 months after the date on which this section comes into force, but no later.

This subsection overrides sec- tion 107F(1)(a) and (b).
(3) However, nothing in this section prevents the chief execu- tive applying for an extended supervision order more than 6 months after this section comes into force if, after that date, the offender is an eligible offender.

Section 107Z: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
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 (1) The New Zealand Parole Board is established as an independ- ent statutory body.

The Department of Corrections provides administrative and training support to the Board.

The Board is subject to the Official Information Act 1982 and to the Privacy Act 1993.
(2) (3) 109 Functions of Board (1) The functions of the Board are— (a) to consider offenders for parole and, if appropriate, to direct offenders to be released on parole (under sections 20 to 32): [Repealed] to consider offenders for release on compassionate re- lease and, if appropriate, to give a direction for their release on compassionate grounds under section 41: to set the conditions for— (i) offenders released at their statutory release date (under section 18); and (b) (c) (d) 117 Part 2 s 109 Parole Act 2002 Reprinted as at 4 April 2009 (ii) (iii) (iv) offenders released on parole or compassionate release; and [Repealed] offenders released at their final release date under section 104: (da) (e) to monitor the compliance by offenders with their re- lease conditions in accordance with section 29B: to consider and determine applications for— (i) the variation and discharge of release conditions under section 58; and the variation and discharge of conditions of ex- tended supervision orders as provided for in sec- tion 107O; and interim and final recall from parole or compas- sionate release: (ia) (ii) (f) (g) (ga) (h) (i) to make postponement orders under section 27 in rela- tion to offenders: to make and review orders under section 107: to impose special conditions on offenders in respect of whom extended supervision orders have been made: to review decisions in accordance with section 67: to do anything else it is required to do under this Act or any other enactment.
(b) (c) (d) The Board also has the following functions: (a) to develop policies on how to discharge its functions under this section, and to amend and revise those poli- cies as it sees fit: to maintain a register of Board decisions: to keep statistical and other records relating to its work: to provide information that is readily accessible to of- fenders, victims (as defined in section 4 of the Victims’ Rights Act 2002), and the general public about matters relating to release from detention and the policies and operation of the Board generally.
Section 109(1)(b): repealed, on 1 October 2007, by section 66(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 109(1)(d)(iii): repealed, on 1 October 2007, by section 66(2) of the Parole Amendment Act 2007 (2007 No 28).

Section 109(1)(da): inserted, on 1 October 2007, by section 66(5) of the Parole Amendment Act 2007 (2007 No 28).
(2) 118 Reprinted as at 4 April 2009 Parole Act 2002 Part 2 s 111 Section 109(1)(e)(i): amended, on 1 October 2007, by section 66(3) of the Pa- role Amendment Act 2007 (2007 No 28).

Section 109(1)(e)(ia): inserted, on 7 July 2004, by section 12(1) of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 109(1)(e)(ii): amended, on 1 October 2007, by section 66(4) of the Parole Amendment Act 2007 (2007 No 28).
Section 109(1)(ga): inserted, on 7 July 2004, by section 12(2) of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 109(2)(d): amended, on 17 December 2002, by section 53 of the Vic- tims’ Rights Act 2002 (2002 No 39).
110 Department of Corrections to provide administrative and (1) (2) training support to Board The chief executive must ensure that the Board and the chair- person are provided with the administrative and training sup- port necessary to enable them to perform their functions effi- ciently and effectively.
The support must, without limitation, include the following: (a) support on a regional basis for parole panels operating in each region: co-ordination of the timetable for, and membership of, parole panels: support for the Board in performing its functions under section 109(2): support for the chairperson in performing his or her functions under section 112: support for panel convenors in performing their func- tions under section 114(3): making available appropriate induction and training for Board members.
(b) (c) (d) (e) (f) Membership of Board 111 Membership of Board (1) The Board consists of members who are appointed by the Gov- ernor-General on the recommendation of the Attorney-Gen- eral.

The Board must include— (a) 1 member who is appointed as chairperson; and (2) 119 Part 2 s 112 Parole Act 2002 Reprinted as at 4 April 2009 (b) (c) at least 9 members who are appointed as panel con- venors; and sufficient other members to enable the Board to carry out its functions efficiently and effectively.
(3) Before recommending a person as a member, the Attorney- General must be satisfied that the person has— (a) knowledge or understanding of the criminal justice sys- tem; and the ability to make a balanced and reasonable assess- ment of the risk an offender may present to the commu- nity when released from detention; and the ability to operate effectively with people from a range of cultures; and sensitivity to, and understanding of, the impact of crime on victims (as defined in section 4 of the Victims’ Rights Act 2002).
(b) (c) (d) Section 111(3)(d): amended, on 17 December 2002, by section 53 of the Vic- tims’ Rights Act 2002 (2002 No 39).

112 Chairperson of Board (1) The member appointed as chairperson must be a Judge of the High Court or a former Judge of the High Court, or a District Court Judge or a former District Court Judge.

The primary function of the chairperson is to ensure that the Board carries out its functions in accordance with this Act in an efficient and effective manner.
(2) (3) Without limiting the function described in subsection (2), it is also the function of the chairperson to— (a) make referrals to the Board for early release under sec- tion 25; and (b) make referrals to the Board for compassionate release under section 41; and (c) make interim recall orders under section 62; and (d) allocate panel convenors to undertake reviews of deci- sions under section 67; and do anything else that the chairperson is required to do under this Act or any other enactment.
(e) The chairperson may sit as a member (including as a panel convenor) at any panel hearing.

(4) 120 Reprinted as at 4 April 2009 Parole Act 2002 Part 2 s 114 113 Delegation of chairperson’s functions, powers, and duties The chairperson may delegate any of his or her functions or (1) powers to any 1 or more panel convenors.

Every delegation must be in writing and may be revoked at will, either in writing or orally.

(2) (3) A delegation under this section may not be further delegated.
For the purpose of ensuring that the functions and powers of (4) the chairperson are performed or exercised during any period when the chairperson is absent or incapacitated, the chairper- son must ensure that at all times he or she has nominated 1 panel convenor to serve as acting chairperson if the need arises.
The fact that a person purports to exercise, or to have exer- cised, any function or power of the chairperson under a dele- gation or nomination is, in the absence of proof to the contrary, sufficient evidence of the person’s authority to do so.

(5) 114 Panel convenors (1) Every member who is appointed as a panel convenor must be a District Court Judge, a former District Court Judge, or a barrister or solicitor who has held a practising certificate for at least 7 years.
(2) Despite subsection (1), at any time there may be appointed as a panel convenor 1 person who is a Judge of the High Court or a former Judge of the High Court.
The functions of a panel convenor are— (a) (3) (b) to make the decision on whether to hold an attended or an unattended hearing for any decision relating to release conditions or parole; and at a hearing,— (i) (ii) to preside at the hearing; and to determine any matters of procedure that may arise during or in relation to the hearing; and to sign the decision of the panel at that hearing; and (iii) (c) (d) to make interim recall orders under section 62; and to undertake reviews under sections 46(2) and 67; and 121 Part 2 s 115 Parole Act 2002 Reprinted as at 4 April 2009 (4) (5) (f) (e) to do anything else that a panel convenor is required to do under this Act or any other enactment; and under the direction of the chairperson, to undertake or assist in the exercise of any of his or her functions.
The chairperson may appoint any member (whether or not qualified to be a panel convenor) as an acting panel convenor in respect of a particular hearing or number of hearings if, for any reason, a panel convenor is not available for that hearing or those hearings.

If the chairperson sits on a parole panel, he or she may act as a panel convenor for the purposes of that sitting; and for that purpose the chairperson has all the functions and powers of a panel convenor.
Section 114(3)(a): amended, on 1 October 2007, by section 68(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 114(3)(d): amended, on 1 October 2007, by section 68(2) of the Parole Amendment Act 2007 (2007 No 28).

How Board performs its functions 115 Parole panels (1) (2) (3) The Board must operate in panels of at least 3 members, one of whom must be a panel convenor or the chairperson.

The decision of the majority of members on a panel is the decision of the panel.
Subsection (1) is subject to any other provision of this Act that requires or permits the Board to perform its functions other than by way of panel hearings.

(4) Despite subsection (1), if a member leaves a hearing for any reason, the remaining 2 members may continue the hearing and, provided the absent member participates in the final deci- sion-making process, the validity of any resulting decision is not affected.
116 Decisions of Board (1) A decision by a panel acting within its jurisdiction is a decision of the Board.

(2) A decision by the chairperson or a panel convenor, acting within their respective jurisdictions, is a decision of the Board.

122 Reprinted as at 4 April 2009 Parole Act 2002 Part 2 s 118 (3) A decision of the Board on the detention or release of an of- fender, or on his or her release conditions, must be in writing and include reasons for the decision.
(4) A copy of every decision of the Board that relates to an of- fender must be given to— (a) (b) Section 116(3): amended, on 1 October 2007, by section 69 of the Parole Amendment Act 2007 (2007 No 28).

the offender to whom it relates; and the Department of Corrections.

117 (1) (2) Information before Board the Board may receive In any hearing before the Board, and take into consideration whatever information it thinks fit, whether or not the information would be admissible as evidence in a court of law.
Information received by the Board may be in a form other than writing, but only if the Board is satisfied that— (a) the information adds significantly to the written infor- mation available to it; and it will be possible, in relation to that information, to comply with the rule in section 13(1) about making in- formation available to offenders.

(b) (3) This section is subject to sections 13AA to 13AE.
Compare: 1985 No 120 ss 106, 107L(5) Section 117(3): added, on 1 October 2007, by section 70 of the Parole Amend- ment Act 2007 (2007 No 28).

117A Board may regulate own procedure The Board may regulate its own procedure as it thinks fit, sub- ject to this Act and any regulations made under it.

Section 117A: inserted, on 7 July 2004, by section 33 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
118 Avoiding actual or perceived bias (1) The chairperson must ensure that no person involved in a pa- role panel hearing reviews a decision of that panel.
The chairperson must, if he or she becomes aware that a mem- ber has, or may be perceived as having, bias for or against (2) 123 Part 2 s 118A Parole Act 2002 Reprinted as at 4 April 2009 an offender, require the member to excuse himself or herself from— (a) participating in a panel that considers an application by or relating to the offender; and (b) making, or participating in making, any other decision under this Act that relates to the offender.
Summoning witnesses Heading: inserted, on 1 October 2007, by section 71 of the Parole Amendment Act 2007 (2007 No 28).

118A Power to summon witnesses (1) The chairperson or a panel convenor may, for the purposes of any matter before the Board, issue a summons requiring any person to— (a) (b) attend and give evidence; and produce any books, papers, documents, records, or things in the person’s possession or control that are relevant to the subject of the matter before the Board.
(2) The chairperson or panel convenor may not exercise the power conferred by subsection (1) on the basis of an application or request, but may do so only on his or her own initiative.
(3) A witness is not required to attend and give evidence or pro- duce any things in accordance with a summons issued under subsection (1) unless, at the time of the service of the summons or at some other reasonable time before the day on which the attendance of the witness would, apart from this subsection, be required, there is tendered or paid to the witness a sum in respect of the witness’s allowances and travelling expenses in accordance with the scale prescribed for the time being by regulations made under the Summary Proceedings Act 1957.
The summons must be in writing and state the place and time at which the witness is required to attend.

Compare: 1908 No 25 s 4D (4) Section 118A: inserted, on 1 October 2007, by section 71 of the Parole Amend- ment Act 2007 (2007 No 28).
118B Service of summons (1) A summons to a witness may be served by— 124 Reprinted as at 4 April 2009 Parole Act 2002 Part 2 s 118D (a) (b) (c) delivering it to the witness; or leaving it at the witness’s usual place of residence; or posting it by registered post addressed to the witness at the witness’s usual place of residence.

(2) The summons must be served at least 10 days before the day on which the witness is required to attend.
(3) A summons served under subsection (1)(c) must be treated as having been served at the time when the letter would be delivered in the ordinary course of post.

Compare: 1908 No 25 s 5 Section 118B: inserted, on 1 October 2007, by section 71 of the Parole Amend- ment Act 2007 (2007 No 28).

118C Protection of witnesses Every witness giving evidence before the Board has the same privileges and immunities as a witness in a court of law.
Compare: 1908 No 25 s 6 Section 118C: inserted, on 1 October 2007, by section 71 of the Parole Amend- ment Act 2007 (2007 No 28).
118D Offences (1) Every person commits an offence who, after being summoned to attend to give evidence before the Board or to produce to it any books, papers, documents, records, or things, without sufficient cause,— (a) (b) fails to attend in accordance with the summons; or refuses to be sworn or to give evidence, or having been sworn refuses to answer any question that the person is lawfully required by any member of the Board to an- swer concerning the subject of the matter before the Board; or fails to produce any such book, paper, document, record, or thing.
(c) (2) Every person who commits an offence against this section is liable on summary conviction to a fine not exceeding $10,000.

Compare: 1908 No 25 s 9 Section 118D: inserted, on 1 October 2007, by section 71 of the Parole Amend- ment Act 2007 (2007 No 28).
125 Part 2 s 119 Parole Act 2002 Reprinted as at 4 April 2009 General provisions about Board and members 119 Annual report (1) (2) The Board must, within 2 months of the end of each finan- cial year, give the Attorney-General an annual report on the operation of the Board, and the performance of its functions, during the financial year.
The Board’s annual report must include— (a) information about every referral made by the chairper- son to the Board for early consideration for parole and for compassionate release; and information about every class designated by the Minis- ter of Justice under section 25(3) for early consideration by the Board for parole.

(b) 120 Term of appointment, and reappointment (1) Every member, including the chairperson, must be appointed for a term of 3 years or less.
(2) A member continues in office despite the expiry of his or her term of office until— (a) (b) (c) the member is reappointed; or the member’s successor is appointed; or the Attorney-General informs the member in writing that the member is not to be reappointed and that no successor is to be appointed at that time.
(3) A member who is involved in a hearing that is not complete on the date that he or she ceases to be in office may complete the hearing after that date and is, for that purpose, deemed to be in office until the hearing is complete.

(4) Any member may be reappointed any number of times.

121 Members ceasing to hold office (1) A member may at any time resign from office by written notice to the Governor-General.
The Governor-General may at any time, on the recommenda- tion of the Attorney-General, remove a member from office for just cause; and the member is not entitled to compensation for removal.

(2) 126 Reprinted as at 4 April 2009 Parole Act 2002 Part 2 s 124 122 Remuneration and expenses of members (1) The remuneration of any member who is a District Court Judge or a Judge of the High Court must, so far as it relates to the Judge’s membership of the Board, be determined by the Higher Salaries Commission.
Every other member must be paid fees and expenses in accord- ance with the framework determined by the Government from time to time for the classification and remuneration of statu- tory and other bodies.

(2) (3) A person is not employed in the service of the Crown, for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956, merely as a result of being a member of the Board.
123 Immunity of members No member is personally liable for any act or omission done in pursuance, or intended pursuance, of the Board’s functions, unless the act or omission was done in bad faith.

124 Abolition of Parole Board and District Prisons Boards (1) At the close of the day before the commencement date, the Parole Board established under section 130 of the Criminal Justice Act 1985, and every District Prisons Board established under section 132 of that Act, are abolished.
The term of every member of the Parole Board, and of every member of a District Prisons Board, expires with the close of the day before the commencement date.

(2) (3) No member of the Parole Board or a District Prisons Board is entitled to compensation as a result of the expiry under this section of his or her term of office.
(4) On and from the commencement date, every reference in an enactment (other than this Act), or in any instrument or regis- ter, to the Parole Board or to a District Prisons Board or District Prisons Boards must, if the context requires, be construed as a reference to the Board.

127 Part 2 s 125 Parole Act 2002 Reprinted as at 4 April 2009 125 Acts amended Acts amended The Acts set out in the Schedule are amended in the manner set out in that schedule.
128 Reprinted as at 4 April 2009 Parole Act 2002 Schedule Schedule Amendments to other enactments s 125 Armed Forces Discipline Act 1971 (1971 No 53) Amendment(s) incorporated in the Act(s).

Bail Act 2000 (2000 No 38) Amendment(s) incorporated in the Act(s).

Extradition Act 1999 (1999 No 55) Amendment(s) incorporated in the Act(s).

Immigration Act 1987 (1987 No 74) Amendment(s) incorporated in the Act(s).
International Crimes and International Criminal Court Act 2000 (2000 No 26) Amendment(s) incorporated in the Act(s).

International War Crimes Tribunals Act 1995 (1995 No 27) Amendment(s) incorporated in the Act(s).

Legal Services Act 2000 (2000 No 42) Amendment(s) incorporated in the Act(s).

Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46) Amendment(s) incorporated in the Act(s).

Mutual Assistance in Criminal Matters Act 1992 (1992 No 86) Amendment(s) incorporated in the Act(s).
Official Information Act 1982 (1982 No 156) Amendment(s) incorporated in the Act(s).

129 Schedule Parole Act 2002 Reprinted as at 4 April 2009 Penal Institutions Act 1954 (1954 No 51) Amendment(s) incorporated in the Act(s).

Social Security Act 1964 (1964 No 136) Amendment(s) incorporated in the Act(s).
130 Reprinted as at 4 April 2009 Parole Act 2002 1 2 72 (1) Parole Amendment Act 2007 Public Act 2007 No 28 Date of assent 31 July 2007 see section 2 Commencement Title This Act is the Parole Amendment Act 2007.

Commencement This Act comes into force on a day to be appointed by the Gov- ernor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.
Sections 2: Parole Amendment Act 2007 (except sections 4(1), (3), (7), 16, 48, 49, and 67) brought into force, on 1 October 2007, by the Parole Amendment Act 2007 Commencement Order 2007 (SR 2007/256).
Transitional provisions relating to home detention In this section,— home detention has the same meaning as it had in section 4 of the principal Act before the commencement of this section specified application means any application for home deten- tion that the Board receives— (a) before the commencement of this section and that has not been determined as at that commencement; or on or after that commencement from an offender who has leave to apply under section 97 of the Sentencing Act 2002 (b) specified offender means an offender who is serving his or her sentence on home detention— (a) on or after the commencement of this section, under a direction of the Board given before that commence- ment; or after that commencement, under a direction of the Board that is authorised by subsection (2).
(b) (2) The principal Act, as in force immediately before the com- mencement of this section, applies to any specified application and accordingly governs— 131 Parole Act 2002 Reprinted as at 4 April 2009 (a) (b) the consideration of the application; and the exercise of any powers in respect of the application and the offender to whom it relates.
The principal Act, as in force immediately before the com- mencement of this section, applies to the home detention of a specified offender and accordingly governs— (a) the offender’s rights, liabilities (including, without limi- tation, the offender’s liability to recall), and obligations in respect of that home detention; and the exercise of any powers in respect of that home de- tention (including, without limitation, powers to im- pose, vary, or discharge conditions, and to release the offender on parole).
(b) To avoid doubt, nothing in this section prevents the applica- tion, in respect of a specified application or a specified of- fender, of sections 7(2)(b), 13(5A), 13AA to 13AE, 60(2A), 61(c), 67(2), 117(3), and 118A to 118D of the principal Act as amended or inserted by this Act.
Transitional provisions relating to hearings Sections 44, 47, and 49 of the principal Act, as in force im- mediately before the commencement of this section, continue to apply to any matter that relates to a hearing in respect of which the Board has, before that commencement, given 1 or more notices under section 43(2) of the principal Act.
Transitional provision relating to extended supervision order The standard extended supervision conditions set out in sec- tion 107JA do not apply to a person who is subject to an ex- tended supervision order made before the commencement of this section.
In relation to an extended supervision order made before the commencement of this section and to the person in respect of whom it is made, each reference to standard extended super- vision conditions in sections 107J and 107K must be read as a reference to standard release conditions.
(3) (4) 73 74 (1) (2) 132 Reprinted as at 4 April 2009 Parole Act 2002 Notes Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) 5 Notes 1 2 3 General This is a reprint of the Parole Act 2002.

The reprint incorporates all the amendments to the Act as at 4 April 2009, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.
This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

of How reprints are prepared A number editorial in the preparation of enacting words provisions For a detailed list of are that are repealed or conventions reprints.
not included followed are the For example, and in Acts, revoked are omitted.

see the editorial conventions, 133 Notes Parole Act 2002 Reprinted as at 4 April 2009 http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) position of the date of assent (it now appears on the front page of each Act) • • • • • 134 Reprinted as at 4 April 2009 Parole Act 2002 Notes • • • • • • punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • followed by small capital format of headings (eg, headings where each word formerly appeared with an initial capital letters are letter amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly running heads (the information that appears at the top of each page) format of amendments, and schedules of are rearranged into alphabetical order, chronological).
two-column schedules of consequential they rather than repeals (eg, 5 List of amendments incorporated in this reprint (most recent first) Parole (Extended Supervision Orders) Amendment Act 2009 (2009 No 6) Corrections Amendment Act 2009 (2009 No 3): sections 36, 37 Policing Act 2008 (2008 No 72): sections 116(a)(i), (ii), 130(1) Parole Amendment Act 2007 (2007 No 28) Parole Amendment Act 2006 (2006 No 88) Crimes Amendment Act 2005 (2005 No 41): section 10 Parole (Extended Supervision) Amendment Act 2004 (2004 No 67) Corrections Act 2004 (2004 No 50): section 206 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115): section 51 Victims’ Rights Act 2002 (2002 No 39): section 53 Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23): section 18 Parole Act Commencement Order 2002 (SR 2002/177) 135 Notes 12 Parole Act 2002 Reprinted as at 4 April 2009 Wellington, New Zealand: Published under the authority of the New Zealand Government—2009 136