Any person defined as a relevant occupant must make an informed decision as to having the offender at the address. They must be told about the nature of offender's past and current offending and they must consent to the having the offender remain at the address in accordance with the sentence.
Relevant occupants are defined in the legislation as:
Reference: For more information about address suitability and defining relevant occupants for child sex offenders, see Extended Supervision Special Conditions Report, topic Child Sex Offenders, Determining Address Suitability.
Legislative reference: Section 26A(4) Sentencing Act 2002, and section 34(4) Parole Act 2002.
When determining who the relevant occupants are, the probation officer must consider every person or type of person who ordinarily lives at the address, or (in the case of CD/curfews on RR) will be there while the offender is confined to the address.
Key questions to be considered are whether the safety and welfare of the person(s) could be affected by the offender, and whether it is appropriate that the consent of the person(s) should be required.
Note: The term "relevant occupant" is used to include those persons "authorised to give consent" for CD. The threshold for the definition of CD can be higher (i.e. lower risk as less time restricted), so less people have to give consent.
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If considering… |
then... |
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a family home Or a private dwelling that is shared with one or more others (i.e. communal facilities and living area) |
relevant occupants are all people who are 16 years and older and ordinarily live at the address. |
| a hostel or similar accommodation, where the occupants share facilities and living areas, and there is residential/full time supervision or management of the premises | the service manager's approval must be obtained before the address may be considered suitable, and the manager of the premises must be defined as a relevant occupant and asked to consent on behalf of the occupants (who are likely to be transient). |
| a residential programme | the manager of the programme must be defined as a relevant occupant and asked to consent on behalf of the occupants/programme participants. |
| a marae | the marae chairperson should be contacted and required to act as a relevant occupant on behalf of others and to identify others who may need to be defined as relevant occupants. |
| any other type of accommodation | the service manager should be consulted and if unsure contact the area manager or the operations helpdesk. |
Note: If the probation officer is unsure, they should discuss the proposed relevant occupants with a service manager.
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