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Parole Act 2002

Parole and other release from detention - Release - Recall

65A: Application of section 65 during epidemic

You could also call this:

"What happens to parole recall applications during an epidemic in New Zealand"

Illustration for Parole Act 2002

If you are involved in a recall application, section 65 of the Parole Act 2002 usually applies. However, during an epidemic, this section might not work as it normally would. You might be wondering what happens if there is an epidemic management notice in place when your recall application is being considered. In this case, the Board can consider your application as soon as it is reasonably possible.

When the Board is considering your recall application, they usually have to follow certain rules. However, during an epidemic, they can consider your application later than they normally would, as long as it is as soon as reasonably possible. The Board can also delay your hearing for up to 21 days without your consent if an epidemic management notice is in place.

The Board will consider many things when deciding how to handle recall applications during an epidemic, including how many staff are available to help them. They will also think about how many other cases they need to deal with and how many Board members are available to make decisions. The Board can decide which recall applications to consider first, based on what they think is most appropriate.

If the epidemic management notice only applies to certain parts of New Zealand, these rules will only apply in those areas. You can find more information about section 65(1) or (2) to understand how recall applications are usually handled.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM138891.

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Part 1Parole and other release from detention
Release: Recall

65AApplication of section 65 during epidemic

  1. This subsection applies to a recall application if, but for this section, section 65(1) or (2) would have the effect of requiring the Board to determine it—

  2. while an epidemic management notice is in force; or
    1. after an epidemic management notice has expired, but while (in the Board's opinion) there remains as an effect of the outbreak of the disease referred to in the notice a backlog of offenders in respect of whom a recall application should, by virtue of section 65(1) or (2), have been considered before it.

      1. In relation to an application for a recall application to which subsection (1) applies, it is a sufficient compliance with section 65(1) or (2) (as the case requires) if the Board considers it as soon after it should have been considered as is reasonably practicable in the circumstances.

      2. This subsection applies to the hearing of a recall application if the Board wishes to adjourn it, without the offender's consent,—

      3. while an epidemic management notice is in force; or
        1. after an epidemic management notice has expired, but while (in the Board's opinion) there remains as an effect of the outbreak of the disease referred to in the notice a backlog of matters pending before the Board.

          1. The Board may, without the offender's consent, adjourn the hearing of a recall application to which subsection (3) applies for any period (not exceeding 21 days) it thinks appropriate in the circumstances.

          2. The circumstances referred to in subsections (2) and (4) include—

          3. the number of appropriately qualified employees of the chief executive available to provide administrative support to the Board:
            1. the number of appropriately qualified employees of the chief executive available to produce reports for and participate in hearings of the Board:
              1. the number of Board members available to conduct hearings:
                1. the number and nature of the other matters pending before the Board.

                  1. The Board may decide the order in which it should consider recall applications that, by virtue of subsection (2), may be considered as soon after they should have been considered as is reasonably practicable in the circumstances in any order it thinks appropriate.

                  2. If the notice applies to only stated parts of New Zealand, subsections (1) to (6) apply within those parts only.

                  Notes
                  • Section 65A: inserted, on , by section 9 of the Parole Amendment Act 2006 (2006 No 88).