A.13.05 Revocation of NZPB Direction for Prisoners Release (National Procedure)

Procedure Standard

• An application made by prison management for a NZPB direction to be revoked must contain accurate information.
• A copy must be given to the prisoner in sufficient time for the prisoner to respond.

Situations for revoking directions

Situations where prison management could make application to the NZPB to revoke parole include:

• Where a prisoner has been convicted of one or more disciplinary offence; or
• Where the prisoner's behaviour or circumstances have changed significantly since the direction for release on parole was made.

Preparing a report for revocation

• When prison management decides to apply for a release direction to be revoked, they alert the Regional NZPB Administrator.
• The Prison Manager ensures a report is prepared and sent to the NZPB that is:
  1. Factual.
  2. Accurate.
  3. Not misleading in any way.
  4. Sufficiently detailed to enable the NZPB to make a decision.

• The report must include:
  1. The prisoner's details.
  2. The offence and sentence details.
  3. Details of the last NZPB decision.
  4. Detailed reasons why the application is being made, and why the release date should be revoked. This must demonstrate that the situation, which led the NZPB to consider the prisoner suitable for release, has changed.
  5. If misconduct has prompted the application, the report must state whether the misconduct has been proven.

Giving the prisoner a copy of the report

• The prisoner is entitled to a copy of any report submitted to the NZPB by or on behalf of the Prison Manager.
• The prisoner must receive the report in sufficient time to make and submit comments, to be considered by NZPB, before the Board makes a decision.
• No part of the Prison Manager's report, or other institution report, may be withheld from the prisoner. It is crucial that the prisoner receives a copy of the full report to ensure they have the opportunity to respond, and subsequently be heard, as the principles of natural justice require.
• Prison Management advise the prisoner of the consequences of revocation, and the prisoner is requested to sign the application to acknowledge having seen it.

Sending the report to the NZPB

• When the report is completed it is forwarded to the Regional NZPB Administrator.

After hours NZPB contact

• If a situation arises over a weekend or after hours, and there is cause to have the NZPB's direction revoked urgently, the Prison Manager or delegated authority must contact the on-call NZPB Adviser.
• The Adviser will require all information and supporting documentation to be faxed to the NZPB Regional Office.