Parole Act 2002

Parole and other release from detention - Release - Recall

61: Grounds for recall

You could also call this:

"When You Can Be Sent Back to Prison: Breaking Rules or Being a Risk to Others"

You can be recalled if you pose an undue risk to the community or a person. You can also be recalled if you break your release conditions. This means you did not follow the rules you agreed to when you were released.

You can be recalled if you commit a crime that can be punished with imprisonment. This is true even if you have not been convicted of the crime yet. If you have to live in a certain area, you can be recalled if you put someone's safety at risk where you live.

If there is no suitable place for you to live in the area, you can be recalled. You can also be recalled if you do not want to live in the area anymore. If you have to attend a residential programme, you can be recalled if you put someone's safety at risk or do not follow the programme's rules.

You can be recalled if you leave the programme before you are supposed to or if the programme is stopped. You can find more information about this by looking at the Parole Amendment Act 2007. This information is related to section 107I(6) of another 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=DLM138884.

Topics:

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

60: Making recall application, or

"Asking to send someone back to prison while they are on parole"

62: Making interim recall order, or

"Stopping someone on parole from causing harm while their case is being decided"

Part 1Parole and other release from detention
Release: Recall

61Grounds for recall

The grounds for recall are that—
the offender poses an undue risk to the safety of the community or any person or class of persons; or
the offender has breached his or her release conditions; or
the offender has committed an offence punishable by imprisonment, whether or not this has resulted in a conviction; or
in the case of an offender who is subject to residential restrictions,—
1. the offender is jeopardising the safety of any person at his or her residence; or
2. a suitable residence in an area in which a residential restriction scheme is operated by the chief executive is no longer available; or
3. the offender no longer wishes to be subject to residential restrictions; or
in the case of an offender who is subject to a special condition that requires his or her attendance at a residential programme,—
1. the offender is jeopardising the safety of any person at the residence, or the order or security of the residence; or
2. the offender has failed to remain at the residence for the duration of the programme; or
3. the programme has ceased to operate, or the offender's participation in it has been terminated for any reason.

Compare

1985 No 120 s 107I(6)

Notes

Section 61(b): amended, on 1 October 2007, by section 39(1) of the Parole Amendment Act 2007 (2007 No 28).
Section 61(c): amended, on 1 October 2007, by section 39(2) of the Parole Amendment Act 2007 (2007 No 28).
Section 61(d): substituted, on 1 October 2007, by section 39(3) of the Parole Amendment Act 2007 (2007 No 28).