Plain language law

New Zealand law explained for everyone

Parole Act 2002

Parole and other release from detention - Release - Residential restrictions

34: Prior report on suitability of residential restrictions

You could also call this:

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

Illustration for Parole Act 2002

Before the Board decides to restrict where you can live, they must ask the chief executive for a report. The report must cover things like the type of crime you committed, whether restricting where you live will stop you from committing another crime, and whether it will help you to rehabilitate and reintegrate into society. The chief executive must also check if the place you plan to live is suitable and safe for you and the people who already live there.

The chief executive must tell the people who live in the house about your past crimes and get their consent before you can move in. They must make sure the occupants understand why they are being told this information and that they can withdraw their consent at any time. The chief executive will consider the report and the consent of the occupants when deciding if the residence is suitable for you.

If the chief executive gives the Board a report without being asked, the Board must still consider it. The report is an important part of the decision-making process to ensure that any restrictions on where you live are fair and reasonable.

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 It might be out of date or be missing some parts.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=DLM138812.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

33: Residential restrictions, or

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

Next

35: Residential restrictions only to be imposed if residence suitable and occupants consent, or

"The Parole Board can only make rules about where you live if the house is suitable and everyone living there agrees."

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

34Prior report on suitability of residential restrictions

  1. Before the Board imposes residential restrictions on an offender, the Board must request and consider a report from the chief executive on the matters specified in subsection (2).

  2. Nothing in subsection (1) prevents the chief executive from providing a report on the matters specified in subsection (2) without receiving a request from the Board.

  3. Despite subsection (1), if the chief executive provides a report on the matters specified in subsection (2) without a request from the Board, the Board must consider that report as if it were a report requested by the Board under subsection (1).

  4. The matters are as follows:

  5. the nature of the offence or offences for which the offender is currently serving a sentence of imprisonment or has previously been convicted:
    1. the likelihood that the residential restrictions will prevent further offending on the part of the offender:
      1. the likelihood that the offender's rehabilitation and reintegration will be assisted by residential restrictions:
        1. the suitability of the proposed residence, including the safety and welfare of the occupants of the residence where the offender is to reside.

          1. Before completing the report under this section, the chief executive must—

          2. ensure that every relevant occupant of the residence where it is proposed that the offender reside is aware of the nature of the offender's past and current offending; and
            1. tell every relevant occupant that the reason for giving that information is to enable the occupant to make an informed decision about whether to consent to having the offender reside at the residence; and
              1. tell every relevant occupant that the information provided about the offender must not be used for any purpose other than that described in paragraph (b); and
                1. obtain the consent of every relevant occupant to having the offender reside at the residence; and
                  1. inform every relevant occupant of their right to withdraw their consent, at any time, to having the offender reside at the residence.

                    1. In subsection (3), relevant occupant means, in relation to a residence that the chief executive is considering as a suitable residence for an offender subject to residential restrictions,—

                    2. in the case of a family residence, every person of or over the age of 16 who ordinarily lives there; and
                      1. in the case of any other residence, every person whom the chief executive identifies as being a relevant occupant for the purpose of subsection (3).

                        Notes
                        • Section 34: substituted, on , by section 20(2) of the Parole Amendment Act 2007 (2007 No 28).
                        • Section 34(1): amended, on , by section 51(1) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
                        • Section 34(1A): inserted, on , by section 51(2) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
                        • Section 34(1B): inserted, on , by section 51(2) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
                        • Section 34(3): amended, on , by section 51(3) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
                        • Section 34(4): amended, on , by section 51(4) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
                        • Section 34(4)(b): amended, on , by section 51(4) of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).