Plain language law

New Zealand law explained for everyone

Parole Act 2002

Parole and other release from detention - Sentence calculation - Non-parole periods

84: Non-parole periods

You could also call this:

"Time you must stay in prison before you can apply for parole"

Illustration for Parole Act 2002

When you get a long-term sentence, you usually have to stay in prison for one-third of the sentence before you can apply for parole. This is called the non-parole period. If the court sets a minimum term of imprisonment under section 86, 86P(2), 86S(2), 89, or 103 of the Sentencing Act 2002, the non-parole period is the minimum term.

If you get a sentence of imprisonment for life, the non-parole period is 10 years, unless the court does something else. You can't get parole if you have an order under section 103(2A) of the Sentencing Act 2002. This applies to the sentence the order is about, any other sentence you are serving when the order is made, and any sentence you get later.

If you have many sentences at the same time, the non-parole period is the total of all the non-parole periods for each sentence. To calculate this, short-term sentences are treated as if they have a non-parole period of one-third of the sentence. Sentences with an order under section 86O(2) or 86R(3) of the Sentencing Act 2002 are treated as if they have a non-parole period equal to the full sentence. Long-term sentences you can get parole for are treated as if they have a non-parole period that is the time between when the sentence starts and when you can get parole under section 89 of the Criminal Justice Act 1985. Sentences you can't get parole for are treated as if they have a non-parole period that is the time between when the sentence starts and when you must be released under section 90 of the Criminal Justice Act 1985.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139336.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

83: Sentence expiry date of pre-cd sentence, or

"When a sentence ends: finding the expiry date for a pre-cd sentence"

Next

85: Pre-cd sentences do not have non-parole periods, or

"Pre-cd sentences don't have a set time before you can apply for parole."

Part 1Parole and other release from detention
Sentence calculation: Non-parole periods

84Non-parole periods

  1. The non-parole period of a long-term determinate sentence is one-third of the length of the sentence, unless the sentence is one to which subsection (2) or subsection (4) applies.

  2. The non-parole period of a sentence in respect of which the court has imposed a minimum term of imprisonment (whether under section 86, 86P(2), 86S(2), 89, or 103 of the Sentencing Act 2002) is the minimum term imposed.

  3. The non-parole period of a sentence of imprisonment for life is 10 years, unless the court—

  4. has imposed a minimum term of imprisonment in respect of that sentence; or
    1. has made an order under section 103(2A) of the Sentencing Act 2002 in respect of that sentence.

      1. An offender who is subject to an order made under section 103(2A) of the Sentencing Act 2002 is not eligible for parole in respect of the following sentences:

      2. the sentence to which the order relates:
        1. any other sentence to which the offender is subject when the order is made:
          1. any sentence that is later imposed on the offender.

            1. Repealed

            2. The non-parole period of a long-term notional single sentence is the total obtained by adding together all the non-parole periods of every sentence that makes up the notional single sentence.

            3. For the purpose only of calculating the non-parole period of a long-term notional single sentence,—

            4. every short-term sentence (being a sentence imposed after the commencement date) within the notional single sentence must be treated as if it had a non-parole period of one-third of its length; and
                1. every sentence in respect of which an order under section 86O(2) or 86R(3) of the Sentencing Act 2002 has been made must be treated as if it had a non-parole period equal to its full term; and
                  1. every long-term pre-cd sentence under which the offender is eligible for parole must be treated as if it had a non-parole period of the period represented by the time between the commencement of the sentence and the close of the date on which the offender is eligible to be released on parole from that sentence under section 89 of the Criminal Justice Act 1985; and
                    1. every pre-cd sentence under which the offender is not eligible for parole (including every short-term pre-cd sentence) must be treated as if it had a non-parole period of the period represented by the time between the commencement date of the sentence and the close of the date on which the offender must be released from that sentence (the sentence's final release date) under section 90 of the Criminal Justice Act 1985.

                      Notes
                      • Section 84(2): amended, on , by section 23(1) of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).
                      • Section 84(2): amended, on , by section 19(1) of the Three Strikes Legislation Repeal Act 2022 (2022 No 40).
                      • Section 84(3): replaced, on , by section 23(2) of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).
                      • Section 84(3A): inserted, on , by section 23(2) of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).
                      • Section 84(3A): repealed, on , by section 19(3) of the Three Strikes Legislation Repeal Act 2022 (2022 No 40).
                      • Section 84(5)(ab): repealed, on , by section 19(3) of the Three Strikes Legislation Repeal Act 2022 (2022 No 40).
                      • Section 84(5)(ab): inserted, on , by section 23(3) of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).