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Parole Act 2002

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

70: Powers of court on appeal

You could also call this:

"What the court can do when you appeal a decision"

Illustration for Parole Act 2002

If you appeal a postponement order or an order under section 107, the court can confirm, quash, or amend the order. The court can also refer the matter back to the Board and tell them to reconsider and decide the matter again. When the court does this, it must explain why and give the Board any directions it thinks are fair.

If you appeal a final recall order, the court can confirm the order or quash it. If the court quashes the order, it can direct your release from custody, unless you have to be detained under another law. The court can also release you on standard conditions and refer you to the Board to consider special conditions. The court can refer the matter back to the Board with directions, just like with a postponement order.

The court will advise the Board of its reasons and give directions when referring a matter back to the Board.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139305.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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69: Procedure on appeal against postponement orders, section 107 orders, and final recall orders, or

"What to do if you want to appeal a parole decision"

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71: Offence to breach conditions, or

"Breaking parole rules is a crime and can lead to fines or prison time"

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

70Powers of court on appeal

  1. On an appeal against a postponement order or an order under section 107 the court may—

  2. confirm, quash, or amend the order; or
    1. refer the matter back to the Board with a direction to reconsider and decide the matter, in which case it must—
      1. advise the Board of its reasons for doing so; and
        1. give the Board any directions that it thinks just concerning any aspect of the reconsideration.

        2. On an appeal against a final recall order, the court may—

        3. confirm the order; or
          1. quash the order and, unless the offender is liable to be detained under this or any other enactment,—
            1. direct the release of the offender from custody; or
              1. direct the release of the offender on standard release conditions (in which case the conditions are deemed to have been imposed by the Board), and refer the offender to the Board for consideration of whether to impose any special conditions; or
              2. refer the matter back to the Board with a direction to reconsider and decide the matter, in which case it must—
                1. advise the Board of its reasons for doing so; and
                  1. give the Board any directions that it thinks just concerning any aspect of the reconsideration.

                  Compare
                  Notes
                  • Section 70(2)(b)(ii): amended, on , by section 44 of the Parole Amendment Act 2007 (2007 No 28).