Parole Act 2002

Parole and other release from detention - Release - Procedures for certain hearings

49: Hearings

You could also call this:

"A Hearing: Where You Can Speak and Be Heard"

Illustration for Parole Act 2002

When you are at a hearing, it is run in a way that helps you speak freely. The Board in charge can decide how the hearing is run and who can attend. They can also decide who can speak and what they can talk about.

You can attend the hearing and make your own submissions if you are the offender. You can also have someone represent you and bring support people with you. However, there may be rules about how many support people you can bring.

If you are a victim, you can also attend the hearing and make submissions to help the Board make a decision. You can have someone represent you and bring support people with you, and they may be able to speak on your behalf. The Board will decide who can speak and what they can say.

You can find more information about this by looking at the Parole Amendment Act 2015 and other related laws, such as ss 106A and 107.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM138849.


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49A: Adjournment to obtain further information, or

"Putting a hearing on hold to get more information before making a decision"

Part 1Parole and other release from detention
Release: Procedures for certain hearings

49Hearings

  1. A hearing must be run in the manner of an inquiry, and in an atmosphere that encourages persons appearing before the Board to speak for themselves, and as freely and frankly as possible.

  2. Within that context, the Board may conduct the hearing as it thinks appropriate and, subject to this section, has the following powers:

  3. to determine who may attend:
    1. to determine who may speak:
      1. to impose limits on what a person may talk about and for how long:
        1. to require any person to leave the hearing, either temporarily or for the remainder of the hearing:
          1. to adjourn the hearing.
            1. The offender who is being considered is entitled to—

            2. appear and make oral submissions to the Board; and
              1. attend while any other person is making submissions, provided that the offender may not be present at the hearing when any victim is present unless the victim, the offender, and the Board agree; and
                1. with the leave of the Board, be represented by counsel; and
                  1. be accompanied by 1 or more support persons (subject to any limitation on numbers imposed by the Board) who may, with leave of the Board, speak in support of the offender.
                    1. Every victim of the offender is entitled to—

                    2. appear and make oral submissions to the Board for the purpose of assisting the Board to reach a decision; and
                      1. with the leave of the Board, be represented by counsel; and
                        1. be accompanied by 1 or more support persons (subject to any limitation on numbers imposed by the Board), who may, with the leave of the Board,—
                          1. speak in support of the victim; and
                            1. with the permission of the victim, speak on behalf of the victim.
                            Compare
                            Notes
                            • Section 49 heading: replaced, on , by section 19(1) of the Parole Amendment Act 2015 (2015 No 4).
                            • Section 49(1): amended, on , by section 19(2) of the Parole Amendment Act 2015 (2015 No 4).
                            • Section 49(2)(a): replaced, on , by section 19(3) of the Parole Amendment Act 2015 (2015 No 4).