Legislative provisions allow for certain information to be withheld from the offender when it is thought to:
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.
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.
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) of the Sentencing Act 2002> or <section 13(3) of the Parole Act 2002> .'
The memorandum must outline:
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 to NZPB can only be made by the Chief Executive of the Department.
Reference: For more information, see Volume 2, Part IX, Chapter 6, Confidential Orders. (Please refer to the related links section on this page).
Legal Reference: Section 13AA Parole Act 2002.