Returning Offenders (Management and Information) Amendment Act 2023

1: Title
This Act is the Returning Offenders (Management and Information) Amendment Act 2023.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
3: Principal Act
This Act amends the Returning Offenders (Management and Information) Act 2015 2023-02-28 Returning Offenders (Management and Information) Act 2015
1: Amendments to Parts 1 and 2 (preliminary and substantive provisions)
4: New sections 3A and 3B inserted
After section 3
3A: Act’s provisions apply retrospectively
1: A provision of this Act applies to a person after the provision’s commencement even if all or any of the following occurred before the provision’s commencement:
a: the person’s conduct overseas that constitutes an imprisonable offence in New Zealand:
b: the person’s conviction for an overseas jurisdiction offence for that conduct:
c: the person’s having been sentenced to 1 or more terms of imprisonment overseas for the overseas jurisdiction offence:
d: the end of the person’s sentence of imprisonment overseas for the overseas jurisdiction offence:
e: the person’s release from custody in a prison overseas or, if the person is detained in an immigration or other facility overseas following release from prison overseas, release from that facility overseas:
f: the person’s deportation or removal to New Zealand on grounds that are or include their conviction for the overseas jurisdiction offence:
g: the person’s return to New Zealand:
h: the person’s conviction for the overseas jurisdiction offence being overturned:
i: the person’s being pardoned for the overseas jurisdiction offence:
j: any other conduct of, or event relating to, the person that the provision requires to have occurred in order for the provision to apply.
2: This section does not affect or limit—
a: the validations in clause 8
b: the exception to those validations in clause 9
3: This section overrides any inconsistent other law.
4: In particular, any other law subsection (3)
a: section 7 of the Interpretation Act 1999 (in force after this Act’s commencement until the close of 27 October 2021):
b: section 12 of the Legislation Act 2019 (in force after 27 October 2021):
c: G v Commissioner of Police
3B: Act’s provisions override inconsistent other law
1: This section applies to conduct—
a: mentioned in, or otherwise necessary for carrying out, or giving full effect to, a provision of this Act; and
b: after the provision’s commencement.
2: Examples of the conduct are—
a: making, amending, revoking, or revoking and replacing, a determination or other decision:
b: requesting a person to provide identifying particulars and taking them if the person provides them in response to a request, detaining the person (using reasonable force if necessary) if the person refuses, taking the identifying particulars of a person who has been detained for the purpose of taking them, giving a direction related to exercising those powers, or entering, recording, and storing on a Police information recording system the identifying particulars of a person that are provided in response to a request or otherwise taken:
c: issuing, amending, revoking, revoking and replacing, or serving a notice (for example, a databank compulsion notice under section 14, or a determination notice):
d: applying for, issuing, or executing a warrant for entry to any premises to serve a determination notice:
e: applying for, imposing, varying, discharging, or revoking a standard release condition or a special condition (which, in this section, includes, without limitation, a condition imposed under section 33(1) and to which sections 26 to 31 apply under section 34):
f: suspending under section 28(3) a standard release condition or a special condition:
g: administering a standard release condition or a special condition (for example, monitoring compliance with a standard release condition or a special condition, and investigating and prosecuting an offence of breaching a standard release condition or a special condition):
h: reviewing under section 22 a determination under section 17:
i: doing, or omitting to do, any other act or omission mentioned in, or otherwise necessary for carrying out, or giving full effect to, the provision.
3: The conduct must or may be done or omitted in accordance with the provision even if the conduct is, for an overseas jurisdiction offence for which the relevant person has been convicted and punished overseas, 1 or both of the following:
a: punishment again:
b: a variation and increase of penalty between commission of, and sentencing for, that offence.
4: This section does not affect or limit—
a: the validations in clause 8
b: the exception to those validations in clause 9
5: This section overrides any inconsistent other law.
6: In particular, any other law subsection (5)
a: section 6(1) and (2) of the Sentencing Act 2002:
b: sections 25(g) and 26(2) of the New Zealand Bill of Rights Act 1990:
c: G v Commissioner of Police
5: Section 4 amended (Interpretation)
In section 4(1) the provision’s commencement this provision’s commencement
a: this Act’s commencement; and
b: the commencement of any other related provision of this Act inserted, amended, or replaced after this Act’s commencement; and
c: the commencement of any legislation inserting, amending, or replacing the provision
6: New section 18A inserted (Notice and right to be heard)
After section 18
18A: Notice and right to be heard
1: A determination by the Commissioner that a person is a returning prisoner must be made without providing the person with notice or a right to be heard.
2: This section does not prevent a person providing voluntarily to the Commissioner, in response to a request that the Commissioner may (but need not) make, information—
a: about whether the person is a returning prisoner; and
b: adding to other information available to the Commissioner about that matter.
3: This section also does not affect a returning prisoner’s right to apply for—
a: review under section 22 of the Commissioner’s determination:
b: judicial review of the Commissioner’s determination.
7: Section 22 amended (Review of Commissioner’s determination)
In section 22(2) within 15 working days at any time
8: Subpart 4 of Part 2 repealed
Repeal subpart 4
2: Amendments to Schedule 1 (transitional, savings, and related provisions)
9: Schedule 1 amended
In Schedule 1
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.