General Information

Who can apply

The offender or the probation officer can apply to the NZPB for variation or discharge of conditions of release imposed by the NZPB. This applies to both the standard and special conditions of release.

Offender may appear

An application for variation or discharge must indicate whether or not the offender wishes to appear before the NZPB to state his or her case.

Note: If the offender wishes to appear before the NZPB, they will be responsible for arranging their own transport to the hearing.

Condition suspended

When a probation officer applies for the variation or discharge of a condition, the probation officer may suspend the condition until the application is determined.

Possible results

The following table shows the possible results of the application.

Notice must be given

If the NZPB directs the variation or discharge of a condition, notice must be given to:

• the offender
• the probation officer
• the police
• (if reasonably practicable) any victim informed of the original release conditions.

Limits to NZPB decisions

The NZPB may not:

• extend the duration of any release condition to a date that is later than 6 months after the offender’s statutory release date
• discharge the standard conditions of offenders on life parole, these offenders are subject to standard conditions for life
• extend the duration of any special condition beyond the date on which the standard release conditions cease to apply
• discharge the standard release conditions with effect from a date that is less than 6 months after the date on which the offender was released. This limitation applies unless the offender:
• • is released on compassionate release
  • was, at the time of their release, detained in hospital.