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Parole Act 2002

Parole and other release from detention - Release - Residential restrictions

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

You could also call this:

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

Illustration for Parole Act 2002

The Parole Board can only make rules about where you live if they think the place is suitable for you. They must also be sure that the people living in the house understand the rules you have to follow and agree to you living there. You must also understand the rules and agree to follow them, as stated in the section 34(4) of the Parole Act.

The people living in the house must know they can change their mind at any time about you living with them. You have to know and agree to the rules before you can live in the house. The Board has to make sure all of these things happen before they can make rules about where you live.

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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=DLM138815.

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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."

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36: Chief executive may approve alternative residence pending determination of application for variation of residential restrictions, or

"The chief executive can let you live somewhere else while they decide if you can change your address."

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

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

  1. The Board may impose residential restrictions only if satisfied on reasonable grounds that—

  2. the residence in which it is proposed that the offender reside is suitable; and
    1. the relevant occupants (as defined in section 34(4)) of the residence in which the offender will reside—
      1. understand the residential restrictions that will apply to the offender; and
        1. consent to the offender residing in the residence in accordance with those conditions; and
          1. have been informed of their right to withdraw their consent, at any time, to having the offender reside in the residence; and
          2. the offender has been made aware of and understands the residential restrictions, and he or she agrees to comply with them.

            Notes
            • Section 35: substituted, on , by section 20(2) of the Parole Amendment Act 2007 (2007 No 28).