NZPB Progress Monitoring Hearings

If the NZPB decides to monitor an offender’s compliance with their conditions of release, they may require the offender to attend a hearing. This may occur irrespective of whether the NZPB has asked CPPS to prepare a progress report.

Hearing purpose

The purpose of NZPB progress monitoring hearings is to give the NZPB the opportunity to:

• hear from the offender
• monitor the offender’s compliance with their conditions of release
• take action depending on the offender’s progress and compliance.

The NZPB may consider taking one or more of the following actions at such a hearing:

• variation of any special conditions previously imposed
• imposing new special conditions
• if the offender is recallable (ie, subject to parole or compassionate release), making an order that has the same effect as an interim recall order where the Board is satisfied of the following matters under section 62 of the Parole Act 2002:
  • the offender poses an undue risk to the safety of the community or to any person or class of persons
  • the offender is likely to abscond before determination of the application for recall
  • the offender is subject to residential restrictions (RR) and a suitable address is no longer available in an area where an RR scheme is operated by the chief executive
  • the offender no longer wishes to be subject to RR
• requesting a further hearing and/or asking for a progress report from CPPS, or
• taking no further action to monitor the offender’s compliance with their conditions of release.

Legislative reference: Section 62 Parole Act 2002.

Offender notification and hearing proceedings

If the NZPB requires an offender to attend a hearing in order to monitor the offender’s compliance with their release conditions, then they must:

• notify the offender in writing
• impose this as a special condition on the offender.

The offender may be required to attend the hearing in person or otherwise (eg, by telephone or video link). This will be in the region in which they reside.

At the hearing the NZPB will consider the offender’s compliance and whether there are grounds for variation or an order that has the same effect as an interim recall order.

Note: Probation officers are not required to attend NZPB monitoring hearings, unless the NZPB wants to hear from the probation officer orally in relation to any potential variation of conditions or order that has the same effect as an interim recall order at the adjourned hearing. See the next topic for more information about making submissions to the NZPB.

Hearing outcome

Following the hearing, the NZPB will make a decision about the appropriate action to take in response to the offender’s compliance with their release conditions.

The NZPB will notify CPPS in writing of the outcome of the hearing:

• via a brief email to the administration officer
• in the NZPB decision register, along with any specific action required from CPPS as a result of the hearing.

The probation officer supervising the offender must ensure they check the NZPB decision register in IOMS to determine the detailed outcome of the hearing.

Note: CPPS may be required to provide submissions, attend a subsequent hearing and/or provide a progress report to the NZPB as a result of the hearing.

Related links

Section 62 Parole Act 2002