Parole Act 2002

Extended supervision orders - Cancellation, variation, and suspension

107Q: Effect of new sentence on offender subject to extended supervision order

You could also call this:

"What happens to your supervision order if you get a new sentence?"

If you are serving an extended supervision order and you get a new sentence, what happens to the order depends on the type of sentence you get. If you get a community-based sentence or a sentence of home detention, the extended supervision order keeps going while you serve the sentence. You keep serving the order at the same time as the new sentence. If you get a determinate sentence, time stops running on the order, and the conditions of the order are suspended, but they start again later, as explained in section 107P.

If you get an indeterminate sentence, the extended supervision order is cancelled. But if the indeterminate sentence is later quashed or set aside, the order is treated as if it was never cancelled. This means the order starts again from where it left off.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139654.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal helpGovernment and voting > Government departments

107P: Suspension of conditions of extended supervision order, or

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

107R: Appeals against decisions of sentencing court, or

"Challenging a court decision: how to appeal if you disagree"

Part 1AExtended supervision orders
Cancellation, variation, and suspension

107QEffect of new sentence on offender subject to extended supervision order

If an offender who is subject to an extended supervision order that is in force is sentenced to a community-based sentence or a sentence of home detention, the extended supervision order continues in force while the offender serves the sentence.
If an offender who is subject to an extended supervision order is sentenced to a determinate sentence, time ceases to run on the order, and the conditions of the order are suspended and then reactivated, in accordance with section 107P.
If an offender who is subject to an extended supervision order is sentenced to an indeterminate sentence, the order is cancelled; but if the sentence is subsequently quashed or otherwise set aside, the extended supervision order is to be treated as if it had not been cancelled.

Notes

Section 107Q: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
Section 107Q(1): amended, on 1 October 2007, by section 65 of the Parole Amendment Act 2007 (2007 No 28).