Parole Act 2002

Extended supervision orders - Cancellation, variation, and suspension

107M: Sentencing court may cancel extended supervision order

You could also call this:

"A court can cancel an order that supervises you if you're no longer a risk to others."

Illustration for Parole Act 2002

If you have an extended supervision order, you or the chief executive can ask the sentencing court to cancel it. You can do this if you think you do not pose a high risk of committing a serious sexual offence or a very high risk of committing a serious violent offence. The court will look at the information in section 107IAA to decide if they should cancel the order.

When you apply to cancel the order, the court will set a date for a hearing. You must give the other party a copy of your application and tell them when the hearing is. The court can only cancel the order if you can show that you do not pose a high risk of committing a serious offence.

If the court does not cancel the order, they can stop you from applying again for up to two years. The same rules that apply to other proceedings, as outlined in section 107G(7) and (8), also apply to these proceedings.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139644.


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107L: Commencement and expiry of extended supervision order, or

"When an extended supervision order starts and ends"


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107N: Extension of short extended supervision order, or

"When a supervision order that was meant to be short gets extended, but this rule is no longer used."

Part 1AExtended supervision orders
Cancellation, variation, and suspension

107MSentencing court may cancel extended supervision order

  1. At any time after an extended supervision order has come into force, the offender who is subject to the order, or the chief executive, may apply to the sentencing court to cancel the order on the grounds that the offender poses neither a high risk of committing a relevant sexual offence, nor a very high risk of committing a relevant violent offence, within the remaining term of the order.

  2. On receipt of an application for cancellation, the Registrar of the sentencing court must set the matter down for hearing.

  3. The applicant for cancellation must, as soon as practicable, serve on the other party—

  4. a copy of the application:
    1. notice of the date of the hearing.
      1. The sentencing court may order the cancellation of an extended supervision order only if the applicant satisfies the court, on the basis of the matters set out in section 107IAA, that the offender poses neither a high risk of committing a relevant sexual offence, nor a very high risk of committing a relevant violent offence, within the remaining term of the order.

      2. Section 107G(7) and (8) applies to proceedings under this section.

      3. If the sentencing court declines to order the cancellation of an order, the court may at the same time, and on its own initiative or on application by the chief executive, order that the offender not be permitted to apply under this section for a specified period of not more than 2 years.

      Notes
      • Section 107M: inserted, on , by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
      • Section 107M(1): amended, on , by section 21(1) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).
      • Section 107M(4): replaced, on , by section 21(2) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).