Parole Act 2002

Parole and other release from detention - Release - Parole

28: Direction for release on parole

You could also call this:

"When to let someone out of prison on parole"

When you are deciding if someone should be released from prison on parole, you need to remember they do not have the right to be released. The Parole Board can choose to release someone on parole after a hearing. They will only do this if they think the person will not be a risk to the community.

The Board thinks about things like the support the person will get after they are released and if it is good for the community for them to be released. If the Board decides to release someone, they must say when this will happen, which must be within six months of the hearing. The release date cannot be a non-release day, but in some cases, it can be a Thursday or Friday.

The Board can change their decision at any time before the person is released, but if they do, they must have another hearing as soon as possible. You can find more information about this by looking at the Parole Act 1985 and the amendments made to it. The Board's decisions are based on the law, which is explained in the Parole Amendment Act 2007.

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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=DLM138496.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

27B: Consideration of offenders for parole during epidemic, or

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

29: Standard release conditions, or

"Rules you must follow when you're released on parole"

Part 1Parole and other release from detention
Release: Parole

28Direction for release on parole

In deciding whether or not to release an offender on parole, the Board must bear in mind that the offender has no entitlement to be released on parole and, in particular, that neither the offender's eligibility for release on parole nor anything else in this Act or any other enactment confers such an entitlement.
The Board may, after a hearing at which it has considered whether to release an offender on parole, direct that the offender be released on parole.
The Board may give a direction under subsection (1) only if it is satisfied on reasonable grounds that the offender, if released on parole, will not pose an undue risk to the safety of the community or any person or class of persons within the term of the sentence, having regard to—
the support and supervision available to the offender following release; and
the public interest in the reintegration of the offender into society as a law-abiding citizen.

If the Board directs the release of an offender on parole, it must specify the date on which the offender is to be released, which must be a date that is—
not later than 6 months after the hearing; and
not a non-release day.

Despite subsection (3)(b), the Board may, in exceptional circumstances, specify a date for release that is a Thursday or a Friday.
The Board may revoke or amend any direction under this section at any time before the offender is released on parole, but, if it does so, the Board must hold another parole hearing as soon as practicable.

Compare

1985 No 120 ss 97(9), (10), 100(9), (10)

Notes

Section 28(1AA): inserted, on 1 October 2007, by section 17 of the Parole Amendment Act 2007 (2007 No 28).