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Parole Act 2002

Parole and other release from detention - Release - Reviews and appeals from decisions

67: Review of decisions

You could also call this:

"Checking the Board's decisions to make sure they are fair and correct"

Illustration for Parole Act 2002

If you are an offender and the Board makes a decision about you under the Parole Act 2002, you can ask the Board to review that decision. You must ask for the review in writing within 28 days of the decision. You can only ask for a review if the Board made a mistake or did not follow the rules. The Board will review your request as soon as possible.

The person reviewing your request will look at what happened and decide what to do next. They might confirm the original decision, change it, or send it back to the Board to look at again. If the reviewer makes a new decision, that decision is final and you can appeal to a court if you do not agree with it. Some decisions cannot be reviewed, such as those made under section 13AB, section 13AE, section 21A(b) or 27(4), and section 107(6).

You might be able to appeal to a court if you do not agree with the final decision made by the Board. The court will look at the decision and decide if it was fair or not. The reviewer will make a decision based on whether the Board followed the rules, made a mistake, or had wrong information. They will also consider if the Board was unfair or did not have the power to make the decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139302.

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Part 1Parole and other release from detention
Release: Reviews and appeals from decisions

67Review of decisions

  1. An offender who is the subject of any decision of the Board under this Act (other than a decision under any of the provisions referred to in subsection (2)) may, within 28 days of the decision, apply in writing to the Board for a review of that decision.

  2. No review under this section may be sought of—

  3. a decision under section 13AB to make, or to refuse to make, a confidentiality order; or
    1. a decision under section 13AE to vary or rescind, or to refuse to vary or rescind, a confidentiality order; or
      1. a decision under section 21A(b) or 27(4) specifying relevant activities; or
        1. a review under section 107(6) of—
          1. an order made under that section; or
            1. an order made under section 105 of the Criminal Justice Act 1985 (as provided for in section 97(8)).

            2. The grounds for an application for review under this section are that the Board, in making the decision,—

            3. failed to comply with the procedures set out in this Act and any regulations made under it; or
              1. made an error of law; or
                1. failed to comply with a policy of the Board developed under section 109(2)(a), which resulted in unfairness to the offender; or
                  1. based its decision on erroneous or irrelevant information that was material to the decision reached; or
                    1. acted without jurisdiction.

                      1. A review under this section must be undertaken, as soon as practicable, by the chairperson or by a panel convenor to whom the chairperson delegates the conduct of the review.

                      2. Following a review, the reviewer must—

                      3. confirm, quash, or amend the decision; or
                        1. refer the matter back to the Board with a direction to reconsider and decide the matter.

                          1. For the purposes of an appeal under section 68,—

                          2. a decision to confirm, quash, or amend the decision is the final decision of the Board; and
                            1. a decision of the Board taken following a reconsideration in accordance with a referral under subsection (5)(b) is the final decision of the Board.

                              Notes
                              • Section 67(2): replaced, on , by section 25 of the Parole Amendment Act 2015 (2015 No 4).