Parole Act 2002

Parole and other release from detention - Release - Variation and discharge of conditions

58: Board determines application for variation or discharge

You could also call this:

"The Parole Board decides if it will change or cancel your release conditions."

Illustration for Parole Act 2002

When you apply to change or cancel a release condition under section 56, the Board can decide to change or cancel any condition they previously set for you. The Board has some limits on what they can do, like not being able to extend a condition too far past your statutory release date. They also cannot extend a special condition past the date when standard conditions stop applying.

The Board usually cannot cancel standard release conditions until at least six months after you were released, but there are some exceptions. If you were released on compassionate grounds or were in a hospital or secure facility when you were released, the Board can cancel standard conditions earlier.

If the Board decides to change or cancel a condition, the change happens on a specific date and the new conditions apply to you from then on. You, your probation officer, the Police, and any victim who was told about the original condition must be notified of the change.

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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=DLM138876.


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57: Procedure for determining applications, or

"How the Board decides on your application to change or cancel a condition"


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Part 1Parole and other release from detention
Release: Variation and discharge of conditions

58Board determines application for variation or discharge

  1. On an application under section 56, the Board may direct the variation or discharge of any release condition imposed by the Board that applies to an offender.

  2. The Board may not—

  3. extend the duration of any release condition to a date that is later than 6 months after the offender's statutory release date; or
    1. extend the duration of any special condition beyond the date on which the standard release conditions cease to apply.
      1. The Board may not discharge the standard release conditions with effect from a date that is less than 6 months after the date on which the offender was released, unless the offender is released on compassionate release or was, at the time of his or her release, detained in a hospital or in a secure facility.

      2. If the Board directs the variation or discharge of a condition,—

      3. the variation or discharge takes effect on the date specified in the direction; and
        1. every variation must be treated as part of the conditions that apply to the offender; and
          1. notice of the direction must be given to the offender, the probation officer involved, the Police, and (if reasonably practicable) any victim to whom notice of the original condition was given.
            Compare
            Notes
            • Section 58(1): amended, on , by section 37(1) of the Parole Amendment Act 2007 (2007 No 28).
            • Section 58(2)(b): amended, on , by section 37(2) of the Parole Amendment Act 2007 (2007 No 28).
            • Section 58(3): amended, on , by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).