A.11 Early Release For Special Reason (National Policy)

The purpose of PPM A.11 Early Release for Special Reason is to:

Outline the provisions for early release for special reason.
Outline the procedures involved for authorisation of early release for special reason.

Early releases for a special reason are managed and authorised according to statutory requirements and PPM A.11 Early Release for Special Reason.

Early release for a special reason is categorised into the following groups:

Section 41 of the Parole Act 2002 providing for early release on compassionate grounds:
- Prisoners who have given birth to a child - [Section 41 (1) (a) of the Parole Act 2002].
- Prisoners who are seriously ill and unlikely to recover - [Section 41 (1) (b) of the Parole Act 2002].
Section 52 of the Parole Act 2002 providing for the release of Prisoners released at statutory release date (Christmas early release):
- who would be finally released on their statutory release date at any time within the period that commences with the 15th day of December in any year and ends with the 5th of January in the next following year (both days inclusive).

Prisoners considered for early release for a special reason meet the appropriate eligibility criteria specified in PPM A.11 Early Release for Special Reason.

Application for compassionate early release for a special reason shall be made in the manner specified in PPM A.11 Early Release for Special Reason and forwarded to PS National Service Manager.

Decisions made relating to early release for a special reason must be made under proper authority as defined in the PPM.

The New Zealand Parole Board has the power to direct early release on compassionate grounds under section 41 of the Parole Act 2002.
The Chief Executive has the power to direct Christmas early releases under section 52 of the Parole Act 2002.

The Chief Executive has delegated his power to direct Christmas early releases to the General Manager Prison Services (GMPS).
In accordance with section 53(3) of the Parole Act 2002, prisoners serving their term of imprisonment by way of home detention, are not eligible for Christmas early release.

The New Zealand Parole Board has requested the Department of Corrections to comply with PPM A.11 Early Release for Special Reason in respect of early releases on compassionate grounds under section 41 of the Parole Act 2002.

Nothing in PPM A.11 Early Release for Special Reason is to be read as limiting:

A prisoner's right to apply directly to the New Zealand Parole Board for early release under section 41 of the Parole Act 2002; or
The New Zealand Parole Board's right to consider such an application.

Section 41 of the Parole Act 2002 provides for early compassionate release on either of the following grounds:
- A prisoner who has given birth to a child - section 41(1) (a).
- A prisoner who is seriously ill and unlikely to recover - section 41(1) (b).

Section 52(3) of the Parole Act 2002 give the Chief Executive the discretion to direct the early release of prisoners who are serving sentences of imprisonment of more than 14 days and whose statutory release dates fall within the period commencing on 15 December in one year and ending on 5 January in the next year (relevant prisoners).
Under section 52 a relevant prisoner may be released on any date that is:
- Not earlier than 1 December immediately preceding that prisoner's statutory release date; and
- Not a non-release day as defined in the Parole Act 2002.
Early releases under section 52 are commonly referred to as 'Christmas early releases'.

A report giving the number of prisoners to be released on each of the release days must be forwarded to PS Manager Service Suport at least ten working days before the first release date.
The report must also specify the names and offence details of any prisoners being released who are high profile or whose release may attract media attention.

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