Parole Act 2002

Parole and other release from detention - Release - Residential restrictions

33: Residential restrictions

You could also call this:

"Rules for where you can live and what you must do if you're on parole"

The Board can impose special conditions on you if you are an offender and you want to live in an area with a residential restriction scheme. These conditions are called residential restrictions and are explained in section 15(3)(ab). You have to follow these rules.

You must stay at a specified residence and be supervised by a probation officer. You have to co-operate with the probation officer and do what they tell you to do. You must be at the residence at certain times or all the time.

You also have to let a probation officer monitor you electronically to make sure you are following the rules. You must carry a licence with you and show it to a constable or probation officer if they ask to see it. The licence is issued under section 53(3).

There are some rules about how long you have to follow these conditions. You can leave your residence in some situations, like if you need urgent medical help or to avoid danger. A probation officer can also let you leave your residence for other reasons, like to go to work or attend a restorative justice conference.

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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=DLM138811.

Topics:

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

32: When parole ends, or

"Parole ends when you reach your release date or get sent back to prison"

34: Prior report on suitability of residential restrictions, or

"Before restricting where you can live, a report checks if a place is safe and suitable for you and others."

Part 1Parole and other release from detention
Release: Residential restrictions

33Residential restrictions

The Board may impose on an offender the special conditions referred to in section 15(3)(ab) (residential restrictions) if the residence in which it is proposed that the offender reside is in an area in which a residential restriction scheme is operated by the chief executive.
An offender on whom residential restrictions are imposed is required—
to stay at a specified residence:
to be under the supervision of a probation officer and to co-operate with, and comply with any lawful direction given by, that probation officer:
to be at the residence—
1. at times specified by the Board; or
2. at all times:
to submit, in accordance with the directions of a probation officer, to the electronic monitoring of compliance with his or her residential restrictions:
to keep in his or her possession the licence issued under section 53(3) and, if requested to do so by a constable or a probation officer, must produce the licence for inspection.

Any conditions imposed under subsection (2)(c)(ii) may not be imposed for longer than the shortest of the following periods:
the period for which the standard release conditions apply:
12 months:
if those conditions have previously been imposed on the offender in respect of the same release from detention, 12 months less the time for which those conditions have previously been imposed.

An offender may, despite any conditions imposed under subsection (2)(c), leave the residence to which the residential restrictions relate—
to seek urgent medical or dental treatment; or
to avoid or minimise a serious risk of death or injury to the offender or any other person; or
for humanitarian reasons approved by a probation officer.

In any case where the conditions are of the kind specified in subsection (2)(c)(ii), the offender may, with the approval of a probation officer, leave the residence to which the residential restrictions relate—
to comply with any special conditions; or
to seek or engage in employment; or
to attend training or other rehabilitative or reintegrative activities or programmes; or
to attend a restorative justice conference or other process relating to the offender's offending; or
to carry out any undertaking arising from any restorative justice process; or
for any other purpose specifically approved by the probation officer.

Notes

Section 33: substituted, on 1 October 2007, by section 20(2) of the Parole Amendment Act 2007 (2007 No 28).
Section 33(2)(e): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).