Parole Act 2002

Extended supervision orders - Cancellation, variation, and suspension

107P: Suspension of conditions of extended supervision order

You could also call this:

"What happens to your supervision rules when you're in prison or hospital"

Illustration for Parole Act 2002

If you have an extended supervision order, some things can happen to it. The conditions of your order are suspended when you are in legal custody under the Corrections Act 2004. This means time stops running on your order while you are in custody.

When you are released, the conditions of your order can start again. If you were in prison, your conditions start again on your statutory release date. This is instead of any other release conditions you might have.

If you are released early under section 52, your extended supervision conditions start again on your actual release date. But time does not start running on your order until your statutory release date.

If you are in a hospital or secure facility under a compulsory care or treatment order, your extended supervision conditions are suspended. A probation officer can still reactivate some conditions if they think you might be a risk to the community. Time on your order keeps running while you are in the hospital or facility. When you are released, all your conditions start again.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139650.


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"The Board can change or cancel conditions of your supervision order if you or a probation officer asks them to."


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Part 1AExtended supervision orders
Cancellation, variation, and suspension

107PSuspension of conditions of extended supervision order

  1. The conditions of an offender's extended supervision order are suspended, and time ceases to run on the order during—

  2. any period that the offender is under legal custody in accordance with the Corrections Act 2004; and
    1. any subsequent period following the offender's release (if applicable) until the offender's statutory release date.
      1. If the conditions of an extended supervision order are suspended under subsection (1), they are reactivated,—

      2. in the case of an offender who is detained under a sentence of imprisonment, on the offender's statutory release date and in place of any other release conditions that would otherwise apply; and
        1. in the case of an offender who is detained under a court order, on the date the offender is released.
          1. If an offender is released early under section 52 and the offender is subject to an extended supervision order that is reactivated in the circumstances described in subsection (2)(a), then—

          2. the extended supervision conditions and any special conditions (including any special conditions imposed under section 107IA) are reactivated on the offender's actual release date; but
            1. time does not begin to run on the order until the offender's statutory release date.
              1. If an offender who is subject to an extended supervision order is detained in a hospital or secure facility under a compulsory care order or under a compulsory treatment order, then—

              2. the conditions of the extended supervision order are suspended while the offender is detained, but a probation officer may reactivate any condition that is required to ensure that the offender does not pose an undue risk to the community or any person or class of persons; and
                1. time on the order continues to run during the period of detention; and
                  1. the conditions that have not been reactivated earlier are reactivated when the offender is released.
                    Notes
                    • Section 107P: inserted, on , by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
                    • Section 107P(1): substituted, on , by section 64(1) of the Parole Amendment Act 2007 (2007 No 28).
                    • Section 107P(2)(a): amended, on , by section 64(2) of the Parole Amendment Act 2007 (2007 No 28).
                    • Section 107P(2A): inserted, on , by section 57 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
                    • Section 107P(3): amended, on , by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).