Purpose of applications
The purpose of an application is to inform the New Zealand Parole Board (NZPB) of:
- changes in the circumstances of the offender, and/or
- issues with the management of the order, and/or
- increased risk associated with the offender remaining in the community, and/or
- to seek a decision from the NZPB regarding the offender.
Types of applications
There are two types of application which can be made to the NZPB:
- application for variation - when the probation officer or the offender wants to vary or discharge conditions imposed by the NZPB, and
- application for recall - when the chief executive or the probation officer considers there are sufficient grounds for the offender to be recalled to prison to resume serving their sentence of imprisonment.
Situations for applications
There are three primary situations in which an application would be made:
- to account for a change in the circumstances of the offender, e.g. residence no longer available
- when a special condition is no longer able to be met, e.g. programme not available
- when there are sufficient grounds for a recall application to be made.
Who can apply
An application can be made to the NZPB by:
- the chief executive
- a probation officer, or
- the offender.
Application for variation
The offender or the probation officer may apply to the NZPB seeking a variation or discharge of any release conditions imposed by the NZPB.
Application for recall
A probation officer may make a recall application to the NZPB in respect of any offender who:
- is subject to a determinate sentence
- has not yet reached his or her statutory release date, and
- is on parole or compassionate release.
The chief executive may make a recall application to the NZPB in respect of any offender who is:
- subject to an indeterminate sentence, and
- on parole or on compassionate release.
Note:
- The police may also apply to the NZPB for the recall of an offender on parole.
- Confidential information may be provided if a Confidentiality Order is made. For details see this part, chapter 8 Confidentiality Order
Offenders eligible for applications
An application can be made to the NZPB with respect to any offender who is released from prison by the NZPB, and where there is provision in the legislation to do so.
This will include all offenders who are subject to:
- parole, or
- compassionate release
Possible results
An application may result in:
- variation or discharge of the release conditions imposed by the NZPB, or
- the offender being recalled to prison to continue serving his/her sentence of imprisonment.
