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Introduction

This topic provides details about approved absences and criteria for each phase.

Applicable sentences / orders

The absences outlined in this topic may only be approved for offenders who are subject to:

  • HD, or
  • parole or extended supervision with RR requiring them to be at home at all times.
Approved absences in phase 1

The following table outlines the approved absences allowed in phase 1, and the criteria for approval.

Reason for absence

Criteria

work/training

Offenders may be absent from the residence to undertake approved employment or work-related training.

programmes

Attendance at those programmes that have been specified in the offender's special conditions.

shopping

If the offender is the sole occupant of the house or is the sole adult, then they may go shopping once a week.

Note: Shopping is to be undertaken at their nearest shopping centre and is to be restricted to a maximum of two hours plus travelling time.

community work (CW)

Offenders who are also subject to a sentence of CW are permitted to attend CW.

Probation officers are to liaise with CW staff regarding when the offender is required to attend CW.

medical

Doctor, dentist and specialist visits are permitted. These require confirmation from the doctor/centre to be visited.

funeral/tangi

Attendance at a funeral or tangi requires:

  • that the offender be accompanied by an approved sponsor, and
  • approval from the service manager.

The duration of the absence should be the minimum required to meet with cultural practices.

other special conditions

All other special conditions of release stated on the offender's sentence/order licence are permitted as per the requirements of the condition.

restorative justice processes

As required.

increased education

Education opportunities that the offender wishes to take but are not included in the offender's special conditions.

church/ religious observances

Offenders are permitted to attend religious observance. The time allowed for this is to be based on the standard time a person of that faith is required to spend at religious observances per week.

appointments with government agencies and visits to members of parliament

Offenders are permitted to attend appointments with government agencies and members of parliament. Confirmation of the appointment is to be obtained prior to approval being given.



Approved absences in phase 2

The following table outlines the approved absences allowed in phase 2, and the criteria for approval.

Note: Absences should not be approved to run together.

Reason for absence

Criteria

all of phase 1

Those absences permitted in phase 1 are also allowed in phase 2.

social functions

Functions involving family or community members who are supporting the offender and assisting with the reintegration of the offender may be considered.

Unless there are exceptional circumstances approved by the service manager, no more than one social function of up to four hours is to be permitted per month.

organised sport/individual recreational activities

This may include group or individual sport/recreational activities that provide the offender with a positive way to spend their leisure time. The offender must be actively participating in the sport or recreational activity.

Except in exceptional circumstances approved by the service manager, absences for this purpose are not to exceed four hours per week.

Notes:

  • Absences for this purpose may be granted on more than one occasion per week as long as they do not exceed four hours in total per week.
  • Absences for running or walking should not be approved (other than at the gym) unless the offender is with an approved sponsor, as the offender's location cannot be monitored.


Approved absences in phase 3

The following table shows the approved absences allowed in phase 3 and the criteria for approval.

Reason for absence

Criteria

all of phases 1 and 2

Those absences permitted in phases 1 and 2 are also allowed in phase 3.

social functions

An increased number of functions, involving family or community members who are supporting the offender and assisting with the reintegration of the offender, may be considered.

Except in exceptional circumstances approved by the service manager, no more than one social function of up to four hours is to be permitted per fortnight.

funeral/tangi

Offenders may attend funerals/tangi unescorted, subject to the probation officer's approval.

Unspecified absences
(HD only)

 

Unspecified absences are only permitted in phase 3 and only available for offenders who have been sentenced to more than 6 months.

Reference: Volume 2, Part V, Chapter 2,  Section a, Absences Without a Specified Purpose. (please refer to the related links section on this page)



Variations on conditions

A variation can be requested from the relevant authority (court or NZPB) if the offender requires an absence that is not permitted as per the phase.

Example: The offender has child-care responsibilities which the court/NZPB had not previously been made aware of.

References:

  • See Volume 2, part VIII, Applications to Court, if the court is the relevant authority (please refer to the related links section on this page),  and
  • Volume 2, Part IX, Applications to the NZPB, if the NZPB is the relevant authority. (please refer to the related links section on this page)

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