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New Zealand Parole Board

The Parole Act of 2002 established the New Zealand Parole Board, which replaced the 17 former District Prison Boards and National Parole Board.

The Board makes decisions on the release of offenders from prison on parole and home detention. It also sets conditions for offenders when they are released, and can, on application from the Department of Corrections, recall offenders to prison if they don’t follow the conditions set for them.

The NZPB is made up of a Chairperson, 19 Judges and 17 non-judicial members from the community. To find out who is on the board click biographies.

The Parole Act 2007 determines when an offender is eligible for parole. Under the legislation, offenders serving short-term sentences of less than 12 months automatically serve their whole sentence and are released without appearing before the Board. An offender serving a sentence of more than 12 months must be seen by the Board after they have served two thirds of their sentence, and at least once every 12 months until released. An offender must be released at their Statutory Release Date (end of their sentence) - if they have not been granted parole before this date. Once they have reached their Statutory Release Date the Board's only role is to set parole conditions upon release.

The Parole Act 2002 determines when an offender is eligible for parole. Under the legislation, offenders serving short-term sentences of less than 2 years automatically serve half of their sentence and are released without appearing before the Board. If an offender serving a sentence of more than 2 years is not given a minimum period of imprisonment, they must be seen by the Board after they have served one third of their sentence, and at least once every 12 months until released. An offender must be released at their Statutory Release Date (end of their sentence) - if they have not been granted parole before this date. Once they have reached their Statutory Release Date the Board's only role is to set parole conditions upon release.

This differs for offenders sentenced under the previous legislation, the Criminal Justice Act 1985. Offenders serving long-term determinate (fixed) sentences who are not "serious violent offenders" become eligible for parole after serving half of their sentence, they must be released at their Final Release Date (two thirds of their sentence) - if they have not been granted parole before this date. If they have reached their Final Release Date the Board's only role is to set parole conditions upon release. In some cases the Department of Corrections will apply under section 107 of the Parole Act 2007 to have an offender kept in prison beyond their Final Release Date. This applies only to offenders sentenced under the Criminal Justice Act 1985.

What cases does the Board consider and what do they mean?

Parole under section 21(1) of the Parole Act 2007

Means early release considered by the New Zealand Parole Board. Under the Parole Act 2007, offenders serving a finite sentence of more than 12 months become eligible for parole after two thirds of their sentence. The offender by law must be seen by the Board at least once every 12 months.

Parole under section 18(2A) (SRD) or section 104 (FRD) of the Parole Act 2007

Means non-discretionary release, the Board’s only role is to set the conditions of an offender’s release. Those classified as "serious violent offenders" serving finite jail terms who were sentenced before 30 June 2002 must be released from detention at two thirds of their sentence which is known as their final release date.

Compassionate Release under Section 41 of the Parole Act 2007

When an offender applies to the Board for release from prison due to either giving birth or a terminal illness. If granted compassionate release an offender will be given release conditions and may be recalled to prison if these conditions are not followed.

Section 107 - keep offender in prison order under section 107(6) of the Parole Act 2007

The Chief Executive of the Department of Corrections may apply to the Board at any time before an offender's Final Release Date for an order that the offender not be released before the applicable release date. The Board must make the order if it is satisfied the offender is likely to commit a "specified offence" between the Final Release Date (two thirds of sentence) and the applicable release date (3 months before sentence expires). Such orders by law must be reviewed at least once every six months. This only applies to offenders who were sentenced before 30 June 2002

Postponement Order under Section 27 of the Parole Act 2007

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 they are next due to be considered for parole the Board can make a postponement order. The offender's next hearing can be postponed for up to three years depending on the nature of their offence.

Conditions for ESO under Section 107K(3) of the Parole Act 2007

Part of the legislation introduced in July 2004. The Department of Corrections will be able to apply to court for an extended supervision order ("ESO") of eligible offenders are paedophiles classified as "high risk" or "long-term risk" for up to 10 years after they have been released from detention. If an order is granted by the court the Department may apply to the Parole Board for special conditions to be imposed.

Recalls under Section 60(2) of the Parole Act 2007

The Community Probation Service, also now under Parole Act 2007 the Commissioner of Police may apply to the Board to have a released offender recalled to prison to continue serving their sentence of imprisonment. This can happen on a number of grounds including when an offender fails to meet the conditions of their release or commits an offence punishable by imprisonment. The Chief Executive of the Department of Corrections lodges applications for recall for offenders subject to indeterminate sentences.

Standard release conditions include;

1. Reporting to a probation officer within 72 hours
2. Maintaining contact with their probation officer
3. Not living at an address prohibited by their probation officer
4. Not moving address unless given consent by their probation officer
5. Not engaging in employment prohibited by their probation officer
6. Not associating with anybody the probation officer has prohibited
7. Taking part in rehabilitative and reintegration needs assessment if directed by the probation officer.

Special release conditions include;

1. Undertake such employment as directed in writing by the Probation Officer.
2. Undertake any psychiatric assessment and/or treatment as directed in writing by the Probation Officer.
3. Attend for psychological assessment and thereafter such counselling as directed in writing by the Probation Officer.
4. Attend and complete a Violence Prevention programme when available as directed in writing by the Probation Officer.
5. Attend and complete a Sexual Offender Relapse Prevention Programme, as directed by the probation officer.
6. Complete an assessment for the Violence Prevention and Substance Abuse
7. Reside at an address approved in writing by the Probation Officer.
8. Do not have contact with children under the age of 16 years, directly or indirectly, unless under the direct supervision of an adult approved in writing by the probation officer.
9. Do not make contact with the victim(s), directly or indirectly, without the written approval of the Probation Officer.
10. Not to associate with those person/s nominated in writing by the Probation Officer.
11. Undertake drug and alcohol counselling or other such counselling as approved in writing by the Probation Officer.

Reviews under section 67(3) of the Parole Act 2002

Occur when an offender applies to have the Board review a decision made at hearing. This application must be made in writing within 28 days of the decision. The grounds for a review are set out in the Parole Act 2002 and include:

   a)    Failed to comply with procedures in the Parole Act 2007; or
   b)    Made an error of law; or
   c)    Failed to comply with Board policy resulting in unfairness to the offender; or
   d)    Based its decision on erroneous or irrelevant information that was material to the decision reached; or
   e)    Acted without jurisdiction.

For further information on when an offender must have a hearing, click on parole eligibility.

The Board’s paramount consideration at all hearings is the safety of the community. Get information on the processes the Board uses to decide a case.

Victims have a range of rights when an offender has a hearing scheduled before the Board. These are outlined under information for victims.

You can request a copy of decisions from the Board – these will generally be released, subject to consideration of privacy issues.

For more information, visit the Board’s website at www.paroleboard.govt.nz.

To contact the Board click here.

The Commisioner of Police
Superintendent Howard Broad
Police National Headquarters
P.O. Box 3017
Wellington

Phone : (04) 474 9499
Fax : (04) 498 7400

Website www.police.govt.nz

Police Association
Mr Greg O'Connor
President of the Police Association
P.O. Box 12344
Woolbank House
Wellington

Phone : (04) 496 6800

Website www.policeassn.org.nz