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Parole Act 2002

Parole and other release from detention - Release - General provisions

6: Overview of release

You could also call this:

"How and when you get out of detention"

Illustration for Parole Act 2002

When you are in detention, you will be released at some point. This section tells you how and when that happens. It does not give you any rights or obligations, and if it disagrees with another section, the other section is more important. You must be released from detention on your statutory release date, unless you are released earlier. After that date, you cannot be recalled, but you may still have to follow some conditions. There are two ways you can be released from prison early: parole and compassionate release.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM138437.

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Part 1Parole and other release from detention
Release: General provisions

6Overview of release

  1. 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.

  2. 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.

  3. This subpart provides for 2 types of early release from a prison—

  4. parole:
    1. compassionate release.

      1. Parole has the following characteristics:

      2. it is available only to an offender who is subject to a long-term sentence:
        1. it is granted by the Board, which also imposes release conditions:
          1. an offender on parole from a determinate sentence is subject to recall at any time until his or her statutory release date:
            1. an offender on parole from an indeterminate sentence is subject to recall for life.

              1. Repealed

              2. Compassionate release has the following characteristics:

              3. it may be granted by the Board in either of 2 specific circumstances:
                1. the Board may impose release conditions, and may recall the offender.

                  Notes
                  • Section 6(3): substituted, on , by section 5(1) of the Parole Amendment Act 2007 (2007 No 28).
                  • Section 6(5): repealed, on , by section 5(2) of the Parole Amendment Act 2007 (2007 No 28).