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Sentencing Act 2002

Sentences, orders, and related matters - Imprisonment - Additional consequences for certain repeated offending

86O: Stage-2 offences: loss of parole eligibility when determinate sentence of imprisonment of more than 24 months imposed for offence other than murder

You could also call this:

"No parole for some prison sentences over 24 months, unless it's very unfair."

Illustration for Sentencing Act 2002

If you commit a stage-2 offence that is not murder, and the court gives you a prison sentence of more than 24 months, this section applies to you. The court must decide that you will serve your sentence without parole, unless the court thinks it would be very unfair to do so, as explained in section 86T. You will not be eligible for parole unless the court decides it would be manifestly unjust to make that order.

If the court would have given you a minimum time in prison before you can be considered for parole, they must tell you what that time would have been and explain why. The court is referring to the rules in section 86 when making this decision.

If the court would not have given you a minimum time in prison before you can be considered for parole, they must tell you that too, based on the rules in section 86.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1448079.

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86P: Stage-2 offences: imposition of minimum period of imprisonment when life imprisonment imposed for murder, or

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Part 2Sentences, orders, and related matters
Imprisonment: Additional consequences for certain repeated offending

86OStage-2 offences: loss of parole eligibility when determinate sentence of imprisonment of more than 24 months imposed for offence other than murder

  1. This section applies if a court imposes a determinate sentence of imprisonment of more than 24 months on an offender for a stage-2 offence other than murder.

  2. The court must order that the offender serve the sentence without parole unless the court is satisfied that, given the circumstances of the offence and the offender, it would be manifestly unjust to make the order (see section 86T).

  3. If, but for the application of this section, the court would have ordered under section 86 that the offender serve a minimum period of imprisonment in relation to the sentence imposed for the stage-2 offence, the court must state, with reasons, the minimum period of imprisonment that it would have imposed.

  4. If, but for the application of this section, the court would not have made an order under section 86, the court must state that it would not have made such an order.

Notes
  • Section 86O: inserted, on , by section 7 of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).