Appealing a NZPB Decision

Introduction

An offender may appeal the decision of the NZPB within 28 days of the decision. The NZPB administrator will provide the offender with information on making an appeal.

The appeal process

The following table gives an overview of the appeal process.

Stage	Description
1	The offender applies in writing to the NZPB for a review of the NZPB decision.
2	On receipt of the application, the chairperson of the NZPB or panel convenor will conduct a review.
3	The reviewer must either: confirm, quash or amend the decision, or refer the matter back to the NZPB with a direction to reconsider the matter.
4	If not satisfied with the review decision, an offender subject to a postponement order or final recall order may, within 28 days of the date of the order, appeal in writing to the high court against the order and review decision.
5	When hearing the appeal, the court may receive in evidence anything that the NZPB could have received in the first instance. This means that the court will take the matter back to the original NZPB hearing on the matter. For recalls, the probation officer could be called to give evidence at the appeal hearing as if it were the original recall hearing.
6	The high court may: confirm the order amend a postponement of a ???section 107??? order quash the order and, in the case of a final recall order, direct the release of the offender: from custody, or on standard release or detention conditions and refer back to the NZPB for consideration of special conditions, or refer the matter back to the NZPB with a direction to reconsider and decide the matter.

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