Parole Act 2002

Parole and other release from detention - Transitional arrangements for offenders subject to pre-cd sentences - General rules

98: Transitional provisions for hearings within 3 months after commencement date

You could also call this:

"Rules for parole hearings in the first 3 months after the Parole Act 2002 starts"

Illustration for Parole Act 2002

When the Parole Act 2002 starts, there is a special time called the transition period. This period lasts for 3 months after the act starts. During this time, the Board must hold a type of hearing called an attended hearing for certain cases, like deciding release conditions or parole, as described in section 49.

The Board must do this even if other parts of the act, like sections 45 to 48, say something different. The Board can use its powers for hearings that will happen after the transition period ends, as outlined in sections 42 to 50. This is to make things clear.

The transition period starts on the commencement date of the Parole Act 2002 and ends 3 months later, as mentioned in section 99. You can find more information about the types of hearings in section 42. The Board's powers during this time are important for making decisions about release conditions and parole.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139380.


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Part 1Parole and other release from detention
Transitional arrangements for offenders subject to pre-cd sentences: General rules

98Transitional provisions for hearings within 3 months after commencement date

  1. During the transition period (defined in subsection (3)), every hearing by the Board of a type referred to in section 42 (which relates to hearings to decide release conditions at statutory release, parole hearings, and home detention hearings) must be an attended hearing as described in section 49, despite anything in sections 45 to 48.

  2. To avoid doubt, during the transition period the Board may exercise any and all of its powers under sections 42 to 50 with respect to hearings due to be held after the end of the transition period.

  3. In this section and section 99, transition period means the period starting on the commencement date and ending on the date that is 3 months after the commencement date.