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Parole Act 2002

Extended supervision orders - Preliminary

107C: Meaning of eligible offender

You could also call this:

"Who is an eligible offender under the Parole Act 2002?"

Illustration for Parole Act 2002

In the Parole Act 2002, you are an eligible offender if you are not serving an indeterminate sentence but have been sentenced to prison for a relevant offence. You must still be subject to a prison sentence, release conditions, or an extended supervision order for a relevant offence. You can also be an eligible offender if you have been convicted of a relevant offence and are a returning prisoner under the Returning Offenders (Management and Information) Act 2015.

You can be an eligible offender if you have arrived in New Zealand within six months of finishing a sentence for a relevant offence overseas. You must have been in New Zealand for less than six months and live or plan to live in New Zealand.

You are also an eligible offender if you have been convicted of a relevant offence and subpart 3 of Part 2 of the Returning Offenders (Management and Information) Act 2015 applies to you.

The law applies to you even if you committed a relevant offence or were convicted before this part of the law came into force.

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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=DLM139611.

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"What 'relevant offence' means in the law, including serious crimes like sexual or violent offences"

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"The court that gave someone their sentence is called the sentencing court."

Part 1AExtended supervision orders
Preliminary

107CMeaning of eligible offender

  1. In this Part, eligible offender means an offender who—

  2. is not subject to an indeterminate sentence but is a person who has been sentenced to imprisonment for a relevant offence (and that sentence has not been quashed or otherwise set aside) and has not ceased, since his or her latest conviction for a relevant offence (that has not been quashed or otherwise set aside), to be subject to any or all of the following:
    1. a sentence of imprisonment (whether for a relevant offence or otherwise):
      1. release conditions (whether suspended or not):
        1. an extended supervision order; or
        2. is a person who—
          1. has arrived in New Zealand within 6 months of ceasing to be subject to any sentence, supervision conditions, or order imposed on the person for a relevant offence by an overseas court; and
            1. has, since that arrival, been in New Zealand for less than 6 months; and
              1. resides or intends to reside in New Zealand; or
              2. has been convicted of a relevant offence and in respect of that offence has been determined to be a returning prisoner under the Returning Offenders (Management and Information) Act 2015; or
                1. is a person to whom subpart 3 of Part 2 of the Returning Offenders (Management and Information) Act 2015 applies.

                  1. To avoid doubt, and to confirm the retrospective application of this provision, despite any enactment or rule of law, an offender may be an eligible offender even if he or she committed a relevant offence, was most recently convicted, or became subject to release conditions or an extended supervision order before this Part and any amendments to it came into force.

                  Notes
                  • Section 107C: replaced, on , by section 8 of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).
                  • Section 107C(1)(b)(iii): amended, on , by section 35(2) of the Returning Offenders (Management and Information) Act 2015 (2015 No 112).
                  • Section 107C(1)(c): inserted, on , by section 35(3) of the Returning Offenders (Management and Information) Act 2015 (2015 No 112).
                  • Section 107C(1)(d): inserted, on , by section 35(3) of the Returning Offenders (Management and Information) Act 2015 (2015 No 112).