Parole Act 2002

Parole and other release from detention - Release - Recall

62: Making interim recall order

You could also call this:

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

When someone applies to recall an offender, the chairperson or a panel convenor must make an interim recall order if they think the offender is a risk to the community. You might be a risk if you pose an undue risk to the safety of the community or to any person. The chairperson or panel convenor can also make an interim recall order if they think you are likely to abscond before the application is decided.

The chairperson or panel convenor must consider your situation as if you were not already detained when deciding whether to make an interim recall order. This means they look at your case without taking into account that you are currently being held.

If you are subject to residential restrictions, the chairperson or panel convenor can make an interim recall order if there is no suitable residence available for you in an area with a residential restriction scheme, or if you no longer want to be subject to these restrictions, as outlined in the Parole 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=DLM138885.

Topics:

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

61: Grounds for recall, or

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

63: What happens when interim recall order made, or

"What happens to you if the police arrest you because of an interim recall order"

Part 1Parole and other release from detention
Release: Recall

62Making interim recall order

On receiving a recall application, the chairperson or any panel convenor must make an interim recall order if he or she is satisfied on reasonable grounds that—
the offender poses an undue risk to the safety of the community or to any person or class of persons; or
the offender is likely to abscond before the determination of the application for recall; or
in the case of an offender who is subject to residential restrictions,—
1. a suitable residence in an area in which a residential restriction scheme is operated by the chief executive is no longer available; or
2. the offender no longer wishes to be subject to residential restrictions.

When deciding whether to make an interim recall order in respect of an offender who is currently detained, the chairperson or panel convenor (as the case may be) must make the decision as if the offender were not detained.

Compare

1985 No 120 s 107J(1)–(2A)

Notes

Section 62(1)(c): substituted, on 1 October 2007, by section 40 of the Parole Amendment Act 2007 (2007 No 28).