About Residential Restrictions

Introduction 

There are two different types of RR:

• RR requiring the offender to remain at the residence at all times (unless there is an emergency or a probation officer has approved an absence). This is similar in nature to home detention (HD) and will be managed the same.
• RR requiring the offender to remain at the residence at times specified by the NZPB. This type of RR means that the offender will be subject to curfews, for the duration of the RR special condition.

It is possible that an offender may transition from RR requiring them to be at home at all times, to RR requiring them to be at home at times specified by the NZPB, to no RR conditions at all.

All offenders subject to RR are required to submit to electronic monitoring (EM) as part of their compliance with their RR condition/s.

Legislative references: Sections 33 to 35 Parole Act 2002.

Imposing RR as a special condition of parole 

RR may be imposed by the NZPB as a special condition on any offender who has been made aware of, understands, and agrees to comply with the conditions of RR.

Before imposing RR, the NZPB must:

• request and consider a report on the following:
  - the nature of the offence or offences for which the offender is currently serving a sentence of imprisonment or has previously been convicted
  - the likelihood that the RR will prevent further offending on the part of the offender
  - the likelihood that the offender’s rehabilitation and reintegration will be assisted by RR
  - the suitability of the proposed residence where the offender is to reside, including the safety and welfare of the occupants of the residence 
• be satisfied that the relevant occupants of the proposed RR residence consent to the offender residing in accordance with RR
• be satisfied that the proposed residence is suitable for the purposes of RR.

Note: RR may also be imposed as a special condition of extended supervision.

For more information about recommending RR as a condition of extended supervision, go to Extended Supervision Special Conditions Report.

Length of RR 

The maximum length of time that RR that may be imposed is dependent on the type of RR. The following table outlines the maximum length of RR that may be imposed on an offender.

There is no minimum length of time that RR must be imposed by the NZPB.

Availability of RR 

RR may only be imposed in an area in which it is operated by the chief executive. 

RR is operated in all areas that HD is operated. If staff are unsure whether RR is available in their area, they should contact the CPPS operations help desk.