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Parole Act 2002

Parole and other release from detention - Release - Conditions

15A: Electronic monitoring

You could also call this:

"Wearing a tracking device to help you follow parole rules"

Illustration for Parole Act 2002

If you are on parole, you might have to wear an electronic monitoring device. This device helps make sure you follow the rules of your parole. It checks where you are and if you are following the rules.

The information from the device can be used for several things, including checking if you are following the rules, and detecting if you are not following the rules or if you have committed a crime, as stated in the Privacy Act 2020. It can also be used to prove you did not follow the rules or that you committed a crime. The device checks if you have tried to tamper with it.

You might have to wear the device on your body and you must follow the instructions from your probation officer. If you do not follow the instructions, you will be breaking the rules of your parole.

Each year, the Department of Corrections writes a report about how electronic monitoring is used. The report includes information like how many people were monitored, and how long they were monitored for. It also includes information about people who were convicted of breaking the rules or committing a crime while being monitored.

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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=DLM138473.

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Part 1Parole and other release from detention
Release: Conditions

15AElectronic monitoring

  1. The purpose of an electronic monitoring condition imposed under section 15(3)(f) is to deter the offender from breaching conditions that relate to his or her whereabouts, and to monitor compliance with those conditions.

  2. For the purposes of the Privacy Act 2020, information about an offender that is obtained through electronic monitoring may be used both for the purposes referred to in subsection (1) and for the following purposes:

  3. to verify compliance with any release conditions or conditions of an extended supervision order:
    1. to detect non-compliance with any conditions and the commission of offences:
      1. to provide evidence of non-compliance with conditions and the commission of offences:
        1. to verify that the offender has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.

          1. An offender who is subject to an electronic monitoring condition—

          2. may be required to have electronic monitoring equipment attached to his or her body; and
            1. must comply with written instructions from a probation officer that are reasonably necessary for the effective administration of the electronic monitoring (for example, an instruction to regularly charge the equipment); and
              1. breaches the electronic monitoring condition if he or she does not comply with those written instructions.

                1. The annual report of the Department of Corrections must include the following information about the use of electronic monitoring in the year reported on:

                2. the number of offenders who were at any time subject to an electronic monitoring condition:
                  1. the average number of offenders who were subject to an electronic monitoring condition and the average duration of the condition:
                    1. the percentage of offenders who, while subject to an electronic monitoring condition attaching to an extended supervision order, were—
                      1. convicted for a breach of the condition; or
                        1. convicted of any other offence:
                        2. a description of processes and systems relating to electronic monitoring that were in place during the year reported on.

                          Notes
                          • Section 15A: inserted, on , by section 6 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
                          • Section 15A(1): amended, on , by section 12(1) of the Parole Amendment Act 2007 (2007 No 28).
                          • Section 15A(2): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
                          • Section 15A(2)(a): amended, on , by section 12(2) of the Parole Amendment Act 2007 (2007 No 28).
                          • Section 15A(2)(d): added, on , by section 12(3) of the Parole Amendment Act 2007 (2007 No 28).
                          • Section 15A(3): replaced, on , by section 5 of the Parole (Electronic Monitoring of Offenders) Amendment Act 2016 (2016 No 46).
                          • Section 15A(4)(c): substituted, on , by section 12(4) of the Parole Amendment Act 2007 (2007 No 28).