Approved Absences on Humanitarian Grounds

Introduction

This topic outlines requirements for approving absences on humanitarian grounds/for humanitarian reasons.

Humanitarian absences differ from emergency absences and must always be pre-approved by a probation officer and service manager.

Legislative reference: Section 33 Parole Act 2002.

Applicable orders

Absences on humanitarian grounds may only be approved for offenders subject to:

• parole or extended supervision with RR requiring them to be at home at all times
• parole or extended supervision with RR requiring them to be at home at specified times only (curfew-type).

Note: Humanitarian reasons are the only grounds on which an offender subject to parole or extended supervision with RR requiring them to be at home at times specified by the NZPB (curfew-type RR) may be given a pre-approved absence.

Exceptional circumstances only

Requests for absences on humanitarian grounds must only be considered in exceptional circumstances.

If an offender has ongoing humanitarian grounds for approved absences, then an application to vary the curfew periods should be put before the court/NZPB.

Criteria for approval

Requests for absences on humanitarian grounds may only be approved if the following criteria are met:

• the service manager approves
• an approved sponsor is available to accompany the offender during the absence, and
• genuine humanitarian grounds exist and can be verified.

Humanitarian grounds: examples

The following list outlines some possible examples of humanitarian grounds:

• To visit a member of the offender???s family, or close friend, who is seriously ill or incapacitated.
• To attend the funeral, tangi, or subsequent ceremonial commemoration of the death (e.g. the unveiling of a headstone) of a family member or close friend.
• To attend the birth of the offender???s own child or visit the offender???s newborn child.

Note: This list is not exhaustive and staff will need to use their discretion when considering whether humanitarian grounds are met or not.