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When to make submissions

Submissions should only be provided at the request of the NZPB in relation to progress monitoring. These may be in written format or the NZPB may request the probation officer to attend a hearing in person.

NZPB may only request submissions from CPPS in relation to progress monitoring if the:

  • offender has attended a progress monitoring hearing (in accordance with section 29B(2)(b) of the Parole Act 2002)
  • NZPB is considering varying the offender’s release conditions and/or making an order in respect of the offender that has the same effect as an interim recall order
  • NZPB seeks information from CPPS in relation to the possible variation and/or order that has the same effect as an interim recall order.

Legislative reference: Section 29B(2)(b) Parole Act 2002.

Note: Submissions may be requested regardless of whether a NZPB progress monitoring report has already been prepared in these circumstances.

Procedure

Written submissions need to be lodged with the NZPB at least 5 working days prior to the offender’s hearing. They should be sent to the NZPB administrator in the region in which the offender is residing.

The NZPB will make written submissions available to the offender.

If the NZPB requires the probation officer to attend a hearing in person to make submissions, then this will be detailed in the NZPB decision register. The NZPB administrator will also email the administration officer to notify them of the request. The administration officer must advise the applicable service manager of this request.

Content of submissions

The content of submissions should focus on:

  • any specific matters raised by the NZPB
  • the grounds for recall set out in section 62 of the Parole Act (if the NZPB is considering recalling the offender to prison)
  • the offender’s compliance with their order
  • any sentence management and/or risk issues identified.

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