Parole Act 2002

Parole and other release from detention - Release - Parole

27B: Consideration of offenders for parole during epidemic

You could also call this:

"Considering prisoners for parole when there's an epidemic in New Zealand"

Illustration for Parole Act 2002

If you are in prison and waiting to be considered for parole, the Parole Board will look at your case. The Board must consider you for parole at certain times, as stated in sections 21 to 27. However, if there is an epidemic, the Board might not be able to consider you for parole right away.

When the epidemic is over, or the notice about it has expired, the Board will consider you for parole as soon as they can. They will look at how many staff are available to help with your case and how many other cases they need to deal with. The Board will also think about how many other offenders are waiting for parole and how serious their cases are.

The Board will decide which offenders to consider for parole first, based on how long they have been waiting. But they can also choose to consider some cases before others, depending on what they think is best. If the epidemic notice only applies to some parts of New Zealand, these rules will only apply in those areas.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM138494.


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Part 1Parole and other release from detention
Release: Parole

27BConsideration of offenders for parole during epidemic

  1. This subsection applies to a requirement in any of sections 21 to 27 for the Board to consider an offender for parole that (but for this section) would have the effect of requiring the Board to consider an offender for parole—

  2. while an epidemic management notice is in force; or
    1. after an epidemic management notice has expired, but while (in the Board's opinion) there remains as an effect of the outbreak of the disease referred to in the notice a backlog of offenders who, by virtue of one of those requirements, should have been considered for parole before the offender.
      1. It is a sufficient compliance with a requirement to which subsection (1) applies if the Board considers the offender concerned for parole as soon after he or she should have been considered as is reasonably practicable in the circumstances.

      2. The circumstances include—

      3. the number of appropriately qualified employees of the chief executive available to produce reports for the Board:
        1. the number of appropriately qualified employees of the chief executive available to participate in hearings of the Board:
          1. the number of Board members available to conduct hearings:
            1. the number of offenders who have not yet been considered for parole as required by any of sections 21 to 27:
              1. the number and seriousness of the other matters pending before the Board.
                1. In deciding the order in which it should consider for parole offenders who, by virtue of subsection (2), may be considered for parole as soon after they should have been considered as is reasonably practicable in the circumstances, the Board—

                2. must first consider how much time has passed since each of them should have been considered; but
                  1. may then consider them for parole in any order it thinks appropriate.
                    1. If the notice applies to only stated parts of New Zealand, subsections (1) to (4) apply within those parts only.

                    Notes
                    • Section 27B: inserted, as section 27A, on , by section 6 of the Parole Amendment Act 2006 (2006 No 88).
                    • Section 27B section number: replaced, on , by section 14 of the Parole Amendment Act 2015 (2015 No 4).