Parole Act 2002

Extended supervision orders - Application for, and making of extended supervision orders

107GAA: Procedure where hearing contingent on outcome of PPO application

You could also call this:

"What happens to your extended supervision order application if you also have a public protection order application"

If you are an offender who has applied for an extended supervision order, and you also have a public protection order application that has not been decided, this section applies to you. The High Court will deal with your application, even if normally another court would. The High Court cannot hear your application until your public protection order application has been finished, either by the court deciding not to make an order, or the application being withdrawn, or an order being cancelled after a successful appeal.

You will be told about how this rule affects you when you are given notice about your application, as stated in section 107G(1)(d). If a public protection order is made against you and you cannot appeal it anymore, your application for an extended supervision order is taken to be withdrawn.

If the court decides not to make a public protection order against you, and then hears your application for an extended supervision order, the same Judge who dealt with your public protection order application will hear your extended supervision order application if possible. A public protection order application is when someone asks the court for a public protection order under section 8 of the Public Safety (Public Protection Orders) Act 2014.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM6366472.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

107G: Procedure following application for extended supervision order, or

"What happens after someone asks for an extended supervision order to be made about you"

107GA: Application of section 107G during epidemic, or

"What happens to your court hearing during an epidemic"

Part 1AExtended supervision orders
Application for, and making of extended supervision orders

107GAAProcedure where hearing contingent on outcome of PPO application

This section applies to an application for an extended supervision order made in respect of an eligible offender who is also the subject of a PPO application that has not been determined or withdrawn.
For an application to which this section applies,—
the sentencing court is (despite anything in section 107D) the High Court; and
the sentencing court must not hear the application until—
1. the proceeding on the PPO application has been completed and the court has declined to make a public protection order against the offender; or
2. the PPO application has been withdrawn; or
3. the public protection order made against the offender has been cancelled as a result of a successful appeal against the order; and
the notice given under section 107G(1)(d) must inform the offender of the effect of this provision.

The application is taken to be withdrawn if the court has made a public protection order against the offender and all avenues for appeal are exhausted or the period in which an appeal may be filed expires.
Where the court has declined to make a public protection order and the court proceeds to hear the application for an extended supervision order, that application must, if practicable, be heard by the same Judge that heard the PPO application.
In this section, PPO application means an application for a public protection order under section 8 of the Public Safety (Public Protection Orders) Act 2014.

Notes

Section 107GAA: inserted, on 12 December 2014, by section 13 of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).