Parole Act 2002

Parole and other release from detention - Release - General provisions

7: Guiding principles

You could also call this:

"Rules to Keep the Community Safe When Releasing Offenders"

When you are making decisions about releasing an offender, the most important thing to consider is the safety of the community. You must think about how to keep the community safe when you are deciding whether to release someone from prison. The safety of the community is the main concern.

You also need to think about other important principles when making these decisions. These principles include making sure offenders are not kept in prison longer than necessary, and that any conditions they have when they are released are fair and do not last longer than necessary. You must also make sure offenders have the information they need about the decisions that affect them, and that they know how they can be involved in those decisions, as set out in sections 13 to 13AE.

When you are making decisions, you must use all the relevant information you have, and you must consider the rights of victims, as defined in the Victims' Rights Act 2002. You must also think about what victims have to say and any restorative justice outcomes. You have to consider whether releasing an offender would put the community at risk, and you must think about how likely it is that the offender will commit another crime, and how serious that crime might be.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM138439.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal helpCrime and justice > Victim support

6: Overview of release, or

"How and when you get out of detention"

8: Part applies to all offenders, or

"This part of the law is about how all prisoners might be released from prison."

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

7Guiding principles

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—
that offenders must not be detained any longer than is consistent with the safety of the community, and that they must not be subject to release conditions that are more onerous, or last longer, than is consistent with the safety of the community; and
that offenders must, subject to any of sections 13 to 13AE, be provided with information about decisions that concern them, and be advised how they may participate in decision-making that directly concerns them; and
that decisions must be made on the basis of all the relevant information that is available to the Board at the time; and
that the rights of victims (as defined in section 4 of the Victims' Rights Act 2002) are upheld, and submissions by victims (as so defined) and any restorative justice outcomes are given due weight.

When any person is required under this Part to assess whether an offender poses an undue risk, the person must consider both—
the likelihood of further offending; and
the nature and seriousness of any likely subsequent offending.

Compare

1985 No 120 s 107A(3)

Notes

Section 7(2)(a): amended, on 1 October 2007, by section 6(1) of the Parole Amendment Act 2007 (2007 No 28).
Section 7(2)(b): amended, on 1 October 2007, by section 6(2) of the Parole Amendment Act 2007 (2007 No 28).
Section 7(2)(d): amended, on 17 December 2002, by section 53 of the Victims' Rights Act 2002 (2002 No 39).