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Parole Act 2002
Parole and other release from detention
Release
Residential restrictions
38: Residential restrictions do not affect entitlements under Social Security Act 2018

Part 1:
Parole and other release from detention

Preliminary provisions relating to parole and other release from detention

3Purpose 4Interpretation 4ATransitional, savings, and related provisions 5Act binds the Crown

Release

Sentence calculation

Cumulative sentences

75Cumulative sentences form notional single sentence

Start date of sentence of imprisonment

76General rules about start date of sentence of imprisonment 77Start date of notional single sentence 78Deferred start date 79Start date if later sentence replaces original sentence 80Start date after temporary surrender to New Zealand 81Start date of sentence of imprisonment when term imposed

Sentence expiry dates

82Sentence expiry date 83Sentence expiry date of pre-cd sentence

Non-parole periods

84Non-parole periods 85Pre-cd sentences do not have non-parole periods

Release dates

86Release date of sentence 87Release date of pre-cd sentence

Determining key dates

88Chief executive must determine key dates, etc

Determining how much time has been served

89Determining time served 90Period spent in pre-sentence detention deemed to be time served 91Meaning of pre-sentence detention 92Procedure for recording length of pre-sentence detention 93Definition of extradition offender and ICC offender and MACM offender 94Time ceases to run in certain circumstances 95Time on bail pending appeal does not count as time served 96Period between quashed sentence and new sentence does not count as time served

Transitional arrangements for offenders subject to pre-cd sentences

General rules

97Application of this Part to offenders subject to pre-cd sentences 98Transitional provisions for hearings within 3 months after commencement date 99Chief executive may exercise certain powers before commencement date 100Offenders subject to non-association orders 101Corrective training deemed to be short-term sentence 102Suspended sentences

Release at final release date

103Purpose and effect of section 104 104Release at final release date 105Calculation of final release dates 106Variation and cancellation of final release dates 107Order that offender not be released

Part 1A:
Extended supervision orders

Preliminary

107AOverview of Part 107BMeaning of relevant offence, relevant sexual offence, and relevant violent offence 107CMeaning of eligible offender 107DMeaning of sentencing court 107EObligation to assess eligible offenders

Application for, and making of extended supervision orders

107FChief executive may apply for extended supervision order 107FASentencing court may make interim supervision order 107GProcedure following application for extended supervision order 107GAAProcedure where hearing contingent on outcome of PPO application 107GAApplication of section 107G during epidemic 107HHearings relating to extended supervision orders 107ISentencing court may make extended supervision order 107IAAMatters court must be satisfied of when assessing risk 107IABChief executive may apply for imposition of intensive monitoring condition 107IACCourt may order imposition of intensive monitoring condition 107IACourt may impose special conditions on interim basis

Nature of extended supervision order

107JConditions of extended supervision order 107JAStandard extended supervision conditions 107JBPurpose of collecting biometric information under section 107JA(1)(eb)107KBoard may impose special conditions 107LCommencement and expiry of extended supervision order

Cancellation, variation, and suspension

107MSentencing court may cancel extended supervision order 107NExtension of short extended supervision order 107OBoard may vary conditions of extended supervision order 107PSuspension of conditions of extended supervision order 107QEffect of new sentence on offender subject to extended supervision order

Appeals and reviews

107RAppeals against decisions of sentencing court 107RAReview by court 107RBBiennial review of high-impact conditions 107RCPeriodic reviews of certain special conditions imposed concurrently on offender 107SReview of Board decisions

Miscellaneous provisions

107TOffence to breach extended supervision order or interim supervision order 107TAOffences related to drug or alcohol conditions 107URules about court practice and procedure 107VAdditional victim notification 107WInformation about victims not to be disclosed 107XApplication of Legal Services Act 2000

Transitional measures

107ZAExtension of certain orders that are in force before this section comes into force 107ZBModification of conditions on extended supervision orders in force before this section comes into force 107YDefinitions 107ZApplications in respect of transitional eligible offenders to be made within first 6 months after commencement

Part 2:
New Zealand Parole Board and amendments to other enactments relating to parole and release generally

Establishment of Board

108New Zealand Parole Board established 109Functions of Board 110Department of Corrections to provide administrative and training support to Board

Membership of Board

111Membership of Board 112Chairperson of Board 113Delegation of chairperson's functions, powers, and duties 114Panel convenors

How Board performs its functions

115Parole panels 116Decisions of Board 117Information before Board 117ABoard may regulate own procedure 118Avoiding actual or perceived bias

Summoning witnesses

118APower to summon witnesses 118BService of summons 118CProtection of witnesses 118DOffences

Attendance at hearings

118EAttendance at hearings

General provisions about Board and members

119Annual report 120Term of appointment, and reappointment 121Members ceasing to hold office 122Remuneration and expenses of members 123Immunity of members 124Abolition of Parole Board and District Prisons Boards

Acts amended

125Acts amended

Schedule 1:
Transitional, savings, and related provisions

Schedule 2:
Amendments to other enactments

Parole Act 2002

Parole and other release from detention - Release - Residential restrictions

38: Residential restrictions do not affect entitlements under Social Security Act 2018

You could also call this:

"Living rules don't change your benefits under the Social Security Act 2018"

If you are subject to residential restrictions, this does not affect any entitlement you may have under the Social Security Act 2018. You are still entitled to the same things under the Social Security Act 2018. The residential restrictions do not change your entitlements under this act.

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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=DLM138824.

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

"When home detention rules end or get cancelled"

39: When detention conditions suspended or cancelled, or

"What happens when detention rules are stopped or cancelled"

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

38Residential restrictions do not affect entitlements under Social Security Act 2018

The fact that a person is subject to residential restrictions does not, of itself, affect any entitlement the person may have under the Social Security Act 2018.

Notes

Section 38: substituted, on 1 October 2007, by section 21 of the Parole Amendment Act 2007 (2007 No 28).
Section 38 heading: amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
Section 38: amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).