Presenting Prejudicial or Endangering Information

Legislative provisions allow for certain information to be withheld from the offender when it is thought to:

• be prejudicial to the offender’s physical or mental health, or
• endanger the safety of others.

In circumstances when it is considered necessary to apply these Acts, only the information thought to be prejudicial or endangering should be withheld from the offender.

When to withhold information

Withholding information from the offender significantly impacts on their rights during the sentencing and release processes. It should only be applied when there is a specific and valid concern for the health and safety of the offender or any others. It is important to verify the authenticity of any information used for this purpose, and to document this verification and reasoning.

Legislative references: Section 28(2) Sentencing Act 2002, and section 13(3) Parole Act 2002.

How to present the information

Information thought to be prejudicial or endangering to the offender or others must be presented in memorandum form to the sentencing judge or NZPB.

The start of the memorandum should read:

The information in this memorandum is presented under Section 28(2) Sentencing Act 2002, and section 13(3) Parole Act 2002.  The memorandum must outline:

• what the specific concerns are
• their perceived level of seriousness, and
• how the information has been independently verified.

Note: The memorandum and the judge’s/NZPB directions must be filed with all copies of the report. A copy of the report and memorandum must still be shown to the offender’s counsel, if they have counsel.

Confidentiality orders

Applications for confidentiality orders are made to the chairperson or panel convenor of the NZPB.  For more information about confidentiality orders, go to Confidentiality orders.  For the application process for confidentiality orders, go to Confidentiality orders application process.

Legal Reference: Section 13AA Parole Act 2002.