Parole Act 2002

Parole and other release from detention - Release - Residential restrictions

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

You could also call this:

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

If you are an offender with residential restrictions, you might want to change where you live. You or your probation officer can apply to the Board under section 56 to change your residential restrictions. The chief executive can approve a different place for you to live while your application is being considered.

If the chief executive approves a new place for you to live before your application is made, your probation officer must apply to the Board under section 56 within 5 working days. However, this does not apply if you make the application within those 5 days. The chief executive can also decide there is no suitable alternative residence available for you.

If there is no suitable alternative residence, your probation officer must apply to the Board under section 56 as soon as possible. Alternatively, the chief executive must make a recall application to the Board under section 60. When we talk about an application, we mean applying to the Parole Board under section 56 to change your residential restrictions.

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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=DLM138820.

Topics:

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

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."

37: Expiry and revocation of direction for home detention, or

"When home detention rules end or get cancelled"

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

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

This section applies if an offender who is subject to residential restrictions or a probation officer intends to apply or has applied to the Board under section 56 for a variation of residential restrictions.
If this section applies, the chief executive may approve an alternative residence at which the offender must stay at all times or at times specified by the Board, pending the determination of the application.
If the chief executive approves an alternative residence before the application has been made, a probation officer must apply to the Board under section 56 within 5 working days of the chief executive's approval being given.
Subsection (3) does not apply if an offender makes the application within the 5-day period specified in subsection (3).
If the chief executive considers there is no suitable alternative residence available,—
a probation officer must apply to the Board under section 56 at the earliest opportunity; or
the chief executive must make a recall application to the Board under section 60.

In subsections (2) to (4), an application means application to the Parole Board under section 56 for a variation of residential restrictions.

Notes

Section 36: replaced, on 22 January 2014, by section 52 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).