F Conducting Enquiries with Government Agencies

This section outlines the process to follow when conducting enquiries with government agencies such as NZ Police, Child, Youth and Family (CYF), and NZ Immigration.

Purpose

Probation officers must conduct these enquiries so that any concerns police, CYF, or immigration have in relation to the suitability of the address and the safety of the occupants and/or offender can be included in the appendix.

Information obtained from these government agencies could impact on the assessment of the offender; proposed residence; and/or proposed relevant occupants for sentences of HD/CD/RR.

Contacting Police

The probation officer must advise police at the 24-hour station nearest to the proposed address that is being considered for HD/CD/RR.

To do this, either fax or email a Request for Information form directly to the relevant police station. This ensures that the local police have an opportunity to provide information on the proposed address; safety and welfare of the proposed occupants, and that of the general community.

Police should advise the probation officer if they have any concerns or hold any information that may be relevant to the consideration of HD/CD/RR. The probation officer should briefly summarise any police concerns and attach any supplied written submissions to the parent report.

Notes:

• Police can directly oppose recommendations of HD and CD in the sentencing court. With RR, the police can make direct submissions to the New Zealand Parole Board (NZPB).
• Information that police may provide includes any recorded incidents under the Domestic Violence Act (DVA) related to the proposed address and offender.

Legislative reference: Section 43 Parole Act 2002.

Contacting CYF

The probation officer must contact CYF if:

• there are children living on either a full time or part time basis at the proposed address or are known to regularly visit that address, or
• the offender has past or current convictions for child abuse.

Contact with CYF should be made by sending the Request for Information form via fax or email. CYF should return the form within one working day and will advise the probation officer:

• if they hold information that may be relevant to the consideration of HD/CD/RR, and
• the contact details of the relevant CYF staff member.

The probation officer can then contact the CYF staff member to obtain any information that may be relevant in assessing the suitability of the address and the safety of the occupants and/or the offender.

Reference: Request for information from CYF form.

Contacting immigration

If it becomes evident that the offender is not a New Zealand citizen then the probation officer must contact immigration to determine the offender's immigration status.

If an offender is subject to a deportation order this will affect their legal status to reside in New Zealand and therefore the possibility of completing a community-based sentence or being released into the community.

Immigration will be able to provide CPPS with any information regarding the offender's immigration status and the impacts on any legal process.