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Parole Act 2002

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

107IAB: Chief executive may apply for imposition of intensive monitoring condition

You could also call this:

"The boss of a government department can ask a court to closely monitor someone who has broken the law."

Illustration for Parole Act 2002

When you are looking at how the law works with extended supervision orders, the chief executive can make an application under section 107F and at the same time ask the court to impose an intensive monitoring condition on the offender under section 107IAC. The chief executive does this when they think it is necessary for the offender to be closely monitored. If the chief executive makes this application, the court that deals with it is considered to be the High Court.

If the chief executive makes an application like this, the court that hears it is treated as the High Court, even if normally it would not be. This is despite what section 107D says, and it happens when the chief executive also makes an application under section 107F. The court then makes decisions about the application as if it were the High Court.

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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=DLM6366606.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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107IAA: Matters court must be satisfied of when assessing risk, or

"What the court thinks about when deciding if someone is a risk to others"

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107IAC: Court may order imposition of intensive monitoring condition, or

"Court can order close monitoring for up to 12 months"

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

107IABChief executive may apply for imposition of intensive monitoring condition

  1. When the chief executive makes an application under section 107F for an extended supervision order, he or she may at the same time apply to the sentencing court for an order requiring the Board to impose an intensive monitoring condition on the offender under section 107IAC.

  2. If the chief executive makes an application under this section, the sentencing court is, for the purpose of that application and the corresponding application under section 107F, and despite anything in section 107D, taken to be the High Court.

Notes
  • Section 107IAB: inserted, on , by section 16 of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).