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Public Safety (Public Protection Orders) Act 2014

Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending - Public protection orders - Imposition of public protection orders

7: Threshold for imposition of public protection order

You could also call this:

"When can a public protection order be made against someone?"

Illustration for Public Safety (Public Protection Orders) Act 2014

You are 18 or older and might meet the threshold for a public protection order if you are in prison for a serious sexual or violent offence and will be released in six months. You might also meet the threshold if you are subject to an extended supervision order, which is an order made under the Parole Act 2002, and you have certain conditions imposed on you, such as full-time accompaniment and monitoring under section 107K of the Parole Act 2002. You could also meet the threshold if you are subject to a protective supervision order.

You might meet the threshold if you have arrived in New Zealand after being sentenced overseas for a serious sexual or violent offence and you have been in New Zealand for less than six months. If you have committed a serious sexual or violent offence and are a returning prisoner under the Returning Offenders (Management and Information) Act 2015, you might meet the threshold. You might also meet the threshold if you are subject to release conditions under the Returning Offenders (Management and Information) Act 2015.

To meet the threshold, you must meet one of these conditions at the time the chief executive applies for a public protection order against you. An extended supervision order is made under section 107I of the Parole Act 2002 for people who have been sentenced to imprisonment for serious sexual or violent offences.

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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=DLM4751099.

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Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Public protection orders: Imposition of public protection orders

7Threshold for imposition of public protection order

  1. A person aged 18 years or older meets the threshold for the imposition of a public protection order if—

  2. the person—
    1. is detained in a prison under a determinate sentence for a serious sexual or violent offence; and
      1. must be released from detention not later than 6 months after the date on which the chief executive applies for a public protection order against the person; or
      2. the person is subject to an extended supervision order and—
        1. is, or has been, subject to a condition of full-time accompaniment and monitoring imposed under section 107K of the Parole Act 2002; or
          1. is subject to a condition of long-term full-time placement in the care of an appropriate agency, person, or persons for the purposes of a programme under sections 15(3)(b) and 16(c) of the Parole Act 2002; or
          2. the person is subject to a protective supervision order; or
            1. the person—
              1. has arrived in New Zealand within 6 months of ceasing to be subject to any sentence, supervision conditions, or order imposed on the person for a serious sexual or violent offence by an overseas court; and
                1. has, since that arrival, been in New Zealand for less than 6 months; and
                  1. resides or intends to reside in New Zealand; or
                  2. the person—
                    1. has committed a serious sexual or violent offence; and
                      1. in respect of that offence,—
                        1. has been determined to be a returning prisoner under the Returning Offenders (Management and Information) Act 2015; or
                          1. is a returning offender to whom subpart 3 of Part 2 of that Act applies; and
                          2. is subject to release conditions under the Returning Offenders (Management and Information) Act 2015.

                          3. For the purposes of this Act, a person meets the threshold for a public protection order if the person meets the threshold at the time that the chief executive applies for that order against the person.

                          4. In this section, extended supervision order means an order imposed, whether before, on, or after the commencement of this section, under section 107I of the Parole Act 2002 on a person who was an eligible offender (within the meaning of section 107C(1) of that Act) because the person had been sentenced to imprisonment for a relevant offence (within the meaning of that section) that is also a serious sexual or violent offence (within the meaning of section 3).

                          Notes
                          • Section 7(1)(d)(iii): amended, on , by section 36(2) of the Returning Offenders (Management and Information) Act 2015 (2015 No 112).
                          • Section 7(1)(e): inserted, on , by section 36(3) of the Returning Offenders (Management and Information) Act 2015 (2015 No 112).