When the Address is No Longer Suitable - HD and RR

Introduction

This section provides guidelines for action to be taken if an offender is subject to a (HD) sentence or a parole/extended supervision order with RR.

Area managers should ensure that all probation officers are aware of places an offender can be moved to if and when:

it is necessary for the offender to be moved immediately, and
they can not identify any suitable alternative accommodation.

In some areas, supported accommodation may be available.

Note: Action to be taken in respect of a CD sentence are similar to those to be taken for HD.

Reference: Volume 3B, Managing Community Detention. (Please refer to the related links section on this page).

HD

For HD the probation officer can approve a temporary address pending an application to the court for a variation.

Note: The application to vary the residence must be laid in court within five working days.

Legislative reference: Section 80(H) Sentencing Act 2002.

Parole with RR

For parole with residential restrictions (RR), an offender cannot move address without a variation from the NZPB. However, in emergency circumstances, a probation officer may need to approve an absence to another address while the application is made.

Note: This should only be done with service manager approval, and for no longer than one working day.

The probation officer should then contact the NZPB to:

determine where the NZPB is sitting
advise that an urgent hearing is needed to make a variation, and
forward the variation to the NZPB administrator.

Parole with RR or HD - must move urgently

The following table outlines the actions to be taken when:

the offender is subject to either parole with RR or HD
due to a change in circumstances the offender's present address is no longer available, and
the offender must move urgently.

Note: The offender should provide an alternative address. When advised of the alternative address the probation officer should:

undertake and address check (on the same day if possible), and
inform the EM company of the possible change of address.

If the alternative address is…	then the probation officer should...
approved by the probation officer (HD)	discuss with and seek approval from the service manager prior to moving the offender formally approve a new address in writing to the offender (include that approval is subject to the court granting variation) liaise with the EM company to arrange urgent transfer of EM equipment update offender details in IOMS inform police of the new address, and make an application to court for variation of conditions within five days. Reference: Volume 2, Part VIII, Applications to Court. (Please refer to the related links section on this page).
approved by the probation officer (parole with RR)	discuss with and seek approval from the service manager prior to moving the offender approve an absence for the offender to move to, and remain at, the new address (until approval is granted by the NZPB) liaise with the EM company to arrange urgent transfer of the EM equipment update the offender details in IOMS inform the police of the new address, and make an application to the NZPB for variation within two days (that is on the day or the next working day). Reference: Volume 2, Part IX, Applications to the NZPB. (Please refer to the related links section on this page).
not approved by the probation officer, or no alternative address is provided	make an immediate application to the NZPB/court (same day) for: interim recall (parole with RR), or cancellation and substitution (HD) seeking imprisonment through an urgent hearing, and inform the EM company. References: (Please refer to the related links section on this page) Volume 2, Part VIII, Applications to Court. Volume 2, Part IX, Applications to the NZPB.

Parole with RR or HD - not urgent

The following table outlines the actions to be taken when:

the offender is subject to either parole with RR or HD
due to a change in circumstances the offender's present address is no longer available, and
the offender does not need to move urgently.

Note: The offender should provide an alternative address. When advised of the alternative address the probation officer should undertake an address check within five working days, or as appropriate, taking into account the offender's situation.

If the alternative address is…

then the probation officer should...

approved by the probation officer

advise the offender that they are to remain at the original address in the interim (until the application is granted)
make an application for variation to court/NZPB
liaise with EM company to organize transfer of the EM equipment, and
update the offender details in IOMS.

Reference: (Please refer to the related links section on this page)

Volume 2, Part VIII, Applications to Court.
Volume 2, Part IX, Applications to the NZPB.

not approved by the probation officer, or
no alternative address is provided

make an immediate application to the NZPB/court within two working days for:
- interim recall (parole with RR), or
- cancellation and substitution (HD) seeking imprisonment, and
inform the EM company.

Reference: (Please refer to the related links section on this page)

Volume 2, Part VIII, Applications to Court.
Volume 2, Part IX, Applications to the NZPB.