The purpose of this Act is to reform the law relating to the release from detention of offenders serving sentences of imprisonment, and to replace the provisions of Parts 4 and 6 of the Criminal Justice Act 1985.

In this Act, unless the context otherwise requires,—

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.

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

This Act binds the Crown.

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.

Unless an offender has been released earlier under this Part, he or she must be released from detention on his or her statutory 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—

Parole has the following characteristics:

Compassionate release has the following characteristics:

When making decisions about, or in any way relating to, the release of an offender, the paramount consideration for the Board in every case is the safety of the community.

Other principles that must guide the Board’s decisions are—

When any person is required under this Part to assess whether an offender poses an undue risk, the person must consider both—

This Part applies to all offenders who are subject to a sentence of imprisonment, including (without limitation) offenders who, on the commencement date, are subject to a pre-cd sentence and who (for instance)—

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.

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—

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.

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—

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 detained 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.

However, nothing in subsection (2) derogates from any provision that applies specifically to offenders to whom this section applies, and the Board and the chief executive may make special arrangements for such offenders.

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 Rehabilitation) Act 2003.

This Part applies to every offender detained under section 34A of the Corrections Act 2004 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.

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 jurisdiction that the offender be detained.

The Board must take all reasonable steps to ensure that the information received by the Board on which it will make any decision relating to an offender is made available to the offender—

Despite subsection (1), the Board must ensure that—

Despite subsection (1), the Board may, in exceptional circumstances, order that any information referred to in that subsection 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 2020.

Information withheld under subsection (3) may be provided to the offender’s counsel.

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 section 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 determination to the offender who is the subject of the order or determination, 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.

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 conviction to,—

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).

Despite any other enactment, the power conferred by subsection (1) may not be delegated.

Every application under subsection (1) must be supported by an affidavit sworn by the applicant.

The chairperson or a panel convenor may make a confidentiality order if satisfied—

The order must identify the information that is to be kept confidential, and may do so by reference to 1 or more documents.

The order may—

To avoid doubt, anything that may not be disclosed or published under a confidentiality order may not be disclosed—

The chairperson or the panel convenor who makes the confidentiality order must give the order and the information to which it relates to the members of the Board who will determine the current matter.

In this section and in section 13AC, current matter, in relation to an offender, means a matter concerning the offender that is before the Board or is expected to come before the Board.

A person commits an offence, and is liable on conviction 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.

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 ensure that the hearing will not result in the disclosure of the person’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 2020.

If the chairperson or a panel convenor refuses to make a confidentiality order, he or she—

This section has effect despite anything in section 13 or 65, the Official Information Act 1982, or the Privacy Act 2020.

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 rescind the order if satisfied that, because of a change in circumstances, the variation is necessary or, as the case requires, the order is no longer necessary.

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,—

Subsection (1) overrides every provision of this Act to the contrary.

If the notice applies to only stated parts of New Zealand, subsections (1) and (2) apply within those parts only.

An offender who is subject to the standard release conditions must comply with the following conditions:

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 (including post-detention conditions), or orders.

For the purposes of any provision of this Act relating to the imposition of standard release conditions, those conditions must be treated as if they were imposed by the Board.

Biometric information collected under section 14(1)(fb) may only be used for the purpose of helping—

The Board may (subject to subsections (2) and (4)) impose any 1 or more special conditions on an offender.

A special condition must not be imposed unless it is designed to—

The kinds of conditions that may be imposed as special conditions include, without limitation,—

If the Board imposes on an offender special conditions relating to residential restrictions (specified under subsection (3)(ab)),—

No offender may be made subject to a special condition that requires the offender to take prescription medication unless the offender—

An offender does not breach his or her conditions for the purposes 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.

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 2020, 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:

An offender who is subject to an electronic monitoring condition—

The annual report of the Department of Corrections must include the following information about the use of electronic monitoring in the year reported on:

For the purposes of section 15, a programme means any of the following:

This section applies if the Board imposes a drug or alcohol condition on an offender under section 15(3)(ba), 18(2)(b), or 107K(1).

The Board cannot direct, indicate, or require that the offender undergo or submit to drug or alcohol testing or continuous monitoring, but the condition requires the offender to comply with all requirements arising from an authorised person giving the offender notice under section 16B(2).

The Board must advise the offender that the offender must do any 1 or more of the following things if required to do so by notice given by an authorised person under section 16B(2):

This section applies to an offender who—

An authorised person may, by notice given to an offender to whom this section applies, require the offender to do any 1 or more of the following:

An authorised person exercising that person’s discretion under subsection (2)—

A notice given to an offender under subsection (2)(b) may include a requirement that the offender comply with instructions specified in the notice that are reasonably necessary for the effective administration of the continuous monitoring (for example, an instruction to charge the monitoring device regularly or protect it from events, such as submersion in water, that may damage it or interfere with its functioning).

An automated system specified in a notice under subsection (2)(c) must include an automated selection method that determines, in any manner consistent with rules made under section 74A(b) (including randomly), whether the offender is required to undergo testing.

Only a medical practitioner or medical officer may collect a blood sample from an offender under this section.

In this section and in sections 16C to 16E and 71A, authorised person means a person who is—

An authorised person may give an offender a notice under section 16B(2) in any of the following ways:

An automated system must, in response to an offender contacting it as required by a notice given under section 16B(2)(c) and subsection (1), give the offender a spoken or written response notice specifying whether the offender is required to undergo testing.

A notice given by an authorised person under subsection (1)(c), or a response notice that is given by an automated system under subsection (2) and that requires an offender to undergo testing, must specify the name and location of a testing facility to which the offender is required to report to undergo testing, and the time or times when the offender is required to report, under section 16D.

An authorised person may require an offender to whom section 16B applies to undergo testing at the place where the offender is given notice under section 16B(2) personally by the authorised person.

Subsection (1) applies even if the place where the offender is given notice personally by the authorised person is—

However, an offender cannot be required to undergo a prescribed testing procedure in a place specified in subsection (2)(a) or (b) if the testing procedure involves the collection of blood or urine.

An offender given notice personally (in writing or orally) by the authorised person may be required by the authorised person, if subsection (3) applies or if it is not reasonably practicable to require the offender to undergo testing at the place where the offender is given notice, to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the offender to undergo testing.

An offender given a notice under section 16C(1)(c) or (2) that requires the offender to undergo testing is required to report to the testing facility whose name and location are specified in the notice, at the time or times specified, to undergo testing.

Information obtained from a prescribed testing procedure or a drug or alcohol monitoring device required under section 16B(2)—

The Board or a court may, in the absence of evidence that is available to the Board or court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure or a drug or alcohol monitoring device—

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.

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.

An offender who is released under section 17 at the release date of a short-term sentence is, on release, subject to any release 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,—

Despite subsection (2)(a), if the Board imposes any special conditions on the offender that the Board considers incompatible with all or any of the standard release conditions, the Board may suspend the incompatible standard release conditions during the period in which those special conditions are in force, and time runs on the suspended conditions during that period.

If an offender in respect of whom an extended supervision order is made is released at his or her statutory release date, or released early under section 52, the Board may impose special conditions, the duration of which are determined by section 107L(2A).

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.

A prisoner to whom section 179A of the Corrections Act 2004 applies—

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 recalled) 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 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),—

If for any reason an offender is released in accordance with subsection (1) or subsection (2) before the Board has made a determination required under subsection (4)(a), then,—

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—

The parole eligibility date of an offender who is subject only to 1 or more pre-cd sentences is the later of—

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—

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 subsection).

An offender (offender A) who is subject to a sentence (sentence A) that he or she is required, by an order made under section 86O(2) or 86R(3) of the Sentencing Act 2002, to serve without parole—

If offender A is also subject to 1 or more other sentences in respect of which no order under section 86O(2) or 86R(3) of the Sentencing Act 2002 has been made, the full term of sentence A must be treated as the non-parole period of sentence A for the purpose of determining the parole eligibility date (if any) of each of those other sentences.

If an offender is required, by an order made under section 103(2A) of the Sentencing Act 2002, to serve a sentence of imprisonment for life without parole, the offender may not be released on parole.

The Board must, as soon as practicable after the parole eligibility 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 detained in a prison at least once in every 2 years after the offender’s last parole hearing unless, when the offender is due to be considered,—

If subsection (2)(c) (but not subsection (2)(a)) applies to an offender, the Board must consider the offender for parole within 12 months of any final recall order that is, or is subsequently, made.

When the Board declines to release an offender on parole, the Board in its decision—

For the sake of administrative efficiency, the Board may consider 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 before his or her parole eligibility date.

An offender who is released on compassionate release may not be considered for parole by the Board.

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—

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.

A referral under this section must be in writing and set out the 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 consideration 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).

Despite subsection (4), the Board may not consider under this section an offender who is subject to any of the following orders:

The Board may direct the release on parole of an offender considered under this section if—

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).

The Board may, at any time after an offender’s parole eligibility date, consider the offender for release on parole at a time other than when the offender is due to be considered for parole, and may make an order under section 28(1) directing his or her release on parole.

An offender may apply to the Board at any time for consideration for parole and the chairperson or a panel convenor may refer an offender for consideration for parole under subsection (1).

If the manager of the prison in which the offender is detained considers that all of the relevant activities specified under section 21A(b) have been completed earlier than the date specified under section 21A(a) or considers that there has been a significant change in the circumstances of an offender that are relevant to release of the offender on parole,—

The Board may make an order postponing consideration of an offender for parole if—

The postponement order must specify a date (the specified date) by which the next parole hearing must be held.

The specified date must be within 5 years of the offender’s most recent parole hearing.

In making a postponement order, the Board may specify the relevant activities (if any) that the Board expects will be completed by the specified date.

If the manager of the prison in which the offender is detained considers that all of the relevant activities specified under subsection (4) have been completed earlier than the specified date or considers that there has been a significant change in the circumstances of an offender subject to a postponement order that are relevant to release of the offender on parole,—

An offender subject to a postponement order 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.

The Board may make a postponement order if the Board—

For the purposes of subsection (1)(c), the hearing may be—

Notice by the Board of its intention to consider making a postponement order—

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—

It is a sufficient compliance with a requirement to which subsection (1) applies if the Board considers the offender concerned for parole as soon after he or she should have been considered as is reasonably practicable in the circumstances.

The circumstances include—

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—

If the notice applies to only stated parts of New Zealand, subsections (1) to (4) apply within those parts only.

In deciding whether or not to release an offender on parole, the Board must bear in mind that the offender has no entitlement 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 offender 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 community or any person or class of persons within the term of the sentence, having regard to—

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—

Despite subsection (3)(b), the Board may, in exceptional circumstances, specify a date for release that is a Thursday or a Friday.

The Board may revoke or amend any direction under this section 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.

The standard release conditions apply to every offender who is released on parole.

In the case of an offender who is subject to 1 or more determinate sentences, the Board may specify a period for which the standard release conditions are in force.

However, the period specified under subsection (2) may not be less than 6 months and may not extend for more than 6 months after the offender’s statutory release date.

The standard release conditions that apply under subsection (1) are in force,—

In releasing an offender on parole, the Board may impose any special conditions on that offender that the Board specifies.

Special conditions imposed under subsection (1) are in force for the period that the Board specifies.

However, 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 are in force.

Despite section 29(1), if the Board imposes any special condition on the offender that the Board considers incompatible with all or any of the standard release conditions imposed under that section, the Board may suspend the incompatible release conditions during the period in which those special conditions are in force, and time runs on the suspended conditions during that period.

The Board, when directing the release on parole of an offender in respect of whom an extended supervision order is made must—

If the Board is satisfied that, because of the special circumstances 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:

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.

A hearing that an offender is required to attend under subsection (2)(b)—

At a hearing that an offender is required to attend under subsection (2)(b), the Board may, if it considers it appropriate to do so, take 1 or more of the following actions:

Sections 57 and 58 apply, with any necessary modifications, to any action taken under subsection (5)(a) or (b).

Sections 63 and 65 to 66A apply, with any necessary modifications, in respect of an order made under subsection (5)(c) as if—

In this section, specified period, in relation to an offender released from detention, means a period of—

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.

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.