Plain language law

New Zealand law explained for everyone

Parole Act 2002

Parole and other release from detention - Release - General provisions

13: General rules about information to be given to offenders

You could also call this:

"Rules about the information the Parole Board must give to you"

Illustration for Parole Act 2002

When you are dealing with the Parole Board, they must give you information about your case. They have to give you this information at least 5 working days before your hearing, or as soon as they can if that is not possible. The Parole Board has to make sure you get the information you need.

The Parole Board cannot give you information that would tell you where a victim lives or how to contact them, as defined in section 4 of the Victims' Rights Act 2002. They also cannot let you keep any written statements from victims. This is to protect the victims.

In some cases, the Parole Board might not give you all the information if they think it would hurt you or someone else. They can do this even if other laws, like the Official Information Act 1982 or the Privacy Act 2020, say they should. But they can give this information to your lawyer.

You can only use the information the Parole Board gives you to help you make your case to them. The Parole Board has to give you a copy of their decision and tell you how to appeal it.

If someone publishes information that identifies a victim, they can get in trouble, as defined in section 4 of the Victims' Rights Act 2002. They might have to pay a fine or go to prison.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM138456.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal helpCrime and justice > Victim support
Previous

12: This Part subject to other orders, or

"Rules in this part can be overridden by a court or other authority."

Next

13AA: Application for confidentiality order, or

"Asking to Keep Information Secret: How to Apply for a Confidentiality Order"

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

13General rules about information to be given to offenders

  1. 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—

  2. at least 5 working days before the relevant hearing; or
    1. if that is not possible, as soon as practicable before the hearing.

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

      2. no information is given to the offender that discloses the address or contact details of any victim (as defined in section 4 of the Victims' Rights Act 2002) of the offender; and
        1. if any written submissions by a victim (as so defined) or any victim impact statements are shown to an offender, they are not retained by the offender.

          1. 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.

          2. Subsections (2) and (3) apply despite anything in the Official Information Act 1982 or the Privacy Act 2020.

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

          4. Subsection (1) does not apply to any information that may not be disclosed under a confidentiality order made under section 13AB.

          5. 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.

          6. 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.

          7. 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,—

          8. in the case of an individual, a term of imprisonment not exceeding 3 months or a fine not exceeding $2,000; and
            1. in the case of a body corporate, a fine not exceeding $10,000.

              Compare
              Notes
              • Section 13(2)(a): amended, on , by section 53 of the Victims' Rights Act 2002 (2002 No 39).
              • Section 13(2)(b): amended, on , by section 53 of the Victims' Rights Act 2002 (2002 No 39).
              • Section 13(4): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
              • Section 13(5A): inserted, on , by section 8 of the Parole Amendment Act 2007 (2007 No 28).
              • Section 13(8): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 13(8): amended, on , by section 53 of the Victims' Rights Act 2002 (2002 No 39).