Parole Amendment Act 2006

1: Title
This Act is the Parole Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Parole Act 2002
4: Interpretation
Section 4(1) epidemic management notice section 8(1) of the Epidemic Preparedness Act 2006 .
5: New section 13A inserted
The following section is inserted after section 13
13A: Procedure of Board during epidemic
1: While an epidemic management notice is in force, any decision 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: be made or taken by the Board on the basis of documents only, without the presence or submission of any person who would otherwise have the right to be present or make a submission; or
b: be made or taken by the chairperson or the panel convenor, acting alone, either—
i: in the usual way; or
ii: on the basis of documents only, without the presence or submission of any person who would otherwise have the right to be present or make a submission.
2: Subsection (1)
3: The taking of a decision in accordance with subsection (1)
4: If the notice applies to only stated parts of New Zealand, subsections (1) to (3)
6: New section 27A inserted
The following section is inserted after section 27
27A: Consideration of offenders for parole during epidemic
1: This subsection applies to a requirement in any of sections 21 to 27
a: while an epidemic management notice is in force; or
b: 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.
2: It is a sufficient compliance with a requirement to which subsection (1)
3: The circumstances include—
a: the number of appropriately qualified employees of the chief executive available to produce reports for the Board:
b: the number of appropriately qualified employees of the chief executive available to participate in hearings of the Board:
c: the number of Board members available to conduct hearings:
d: the number of offenders who have not yet been considered for parole as required by any of sections 21 to 27
e: the number and seriousness of the other matters pending before the Board.
4: In deciding the order in which it should consider for parole offenders who, by virtue of subsection (2)
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, subsections (1) to (4)
7: New section 40A inserted
The following section is inserted after section 40
40A: Applications for home detention during epidemic
1: This subsection applies to an application for home detention if section 33(4)
a: while an epidemic management notice is in force; or
b: 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 whose applications for home detention should, by virtue of section 33(4)
2: In relation to an application for home detention to which subsection (1) section 33(4)
3: The circumstances include—
a: the number of appropriately qualified employees of the chief executive available to produce reports for the Board:
b: the number of appropriately qualified employees of the chief executive available to participate in hearings of the Board:
c: the number of Board members available to conduct hearings:
d: the number of applications for home detention that have not yet been considered:
e: the number and seriousness of the other matters pending before the Board.
4: In deciding the order in which it should consider applications for home detention that, by virtue of subsection (2)
a: must first consider how much time has passed since each of them should have been considered; but
b: may then consider them in any order it thinks appropriate.
5: If the notice applies to only stated parts of New Zealand, subsections (1) to (4)
8: New section 56A inserted
The following section is inserted after section 56
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 section 56(2)
9: New section 65A inserted
The following section is inserted after section 65
65A: Application of
section 65
1: This subsection applies to a recall application if, but for this section, section 65(1) or (2)
a: while an epidemic management notice is in force; or
b: 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 application should, by virtue of section 65(1) or (2)
2: In relation to an application for a recall application to which subsection (1) section 65(1) or (2)
3: This subsection applies to the hearing of a recall application if the Board wishes to adjourn it, without the offender's consent,—
a: while an epidemic management notice is in force; or
b: 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 matters pending before the Board.
4: The Board may, without the offender's consent, adjourn the hearing of a recall application to which subsection (3)
5: The circumstances referred to in subsections (2) and (4)
a: the number of appropriately qualified employees of the chief executive available to provide administrative support to the Board:
b: the number of appropriately qualified employees of the chief executive available to produce reports for and participate in hearings of the Board:
c: the number of Board members available to conduct hearings:
d: the number and nature of the other matters pending before the Board.
6: The Board may decide the order in which it should consider recall applications that, by virtue of subsection (2)
7: If the notice applies to only stated parts of New Zealand, subsections (1) to (6)
10: New section 107GA inserted
The following section is inserted after section 107G
107GA: Application of
section 107G
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)
a: while an epidemic management notice is in force; or
b: 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.
2: The Court may, without the offender's consent, adjourn the hearing of an application for an extended supervision order to which subsection (1)