The NZPB Hearing

Introduction

Proceedings before the NZPB are formal and probation officers can expect the hearing to be conducted in a manner similar to a court hearing. Probation officers may be:

• called to give evidence in support of an application, and
• subject to cross-examination.

The NZPB may receive any evidence that they think fits, whether or not the evidence would be admissible in court. Having heard the application, the NZPB may:

• grant the application
• refuse the application, or
• in the case of an application for recall, vary or discharge the conditions of release without the necessity for an application in this regard.

Attendance at variation/discharge hearing

The legislation provides for an application for variation or discharge to be determined without the NZPB hearing from any person, unless the:

• offender has asked to appear to state his or her case, or
• NZPB wishes to hear from any person orally.

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. If the offender does wish to appear, a probation officer should be available to attend the hearing. Preferably this would be the same probation officer who made the application.

If the hearing is outside the area where the applicant resides, a request should be made through the service manager for a probation officer from where the NZPB hearing is taking place to be present to represent the Department of Corrections.

Attendance at recall hearing

CPPS is to be represented at any recall hearing where they are the applicant. For applications made by the chief executive/general manager, CPPS representation will be arranged through the crown law office (CLO).

The probation officer, when making an application, should discuss departmental representation with their service manager. If legal representation is considered necessary (e.g. for a defended hearing of a high-profile offender), this must be approved by head office, via the area manager.

Timeframes for the hearing

An application can be made any time up to the sentence expiry date. If the conditions of parole end prior to this date, the offender will still remain liable for recall. A life parolee or preventive detainee remains liable for recall for life even though their reporting conditions may be discharged.

The following table outlines the timeframes for the different applications.