A.13.06 NZPB Witness Request & Witness Summons Process

In some cases the chairperson or a panel convenor of New Zealand Parole Board (NZPB) may summons a person to:

attend and give evidence at a NZPB hearing, and / or
produce any documents, records or things that maybe relevant to the subject matter.

The Department of Corrections and NZPB have agreed that where possible CPPS and PS staff will be requested to attend a hearing rather than summoned.

Legal Reference: Parole Act 2002, section 118A - D

The NZPB have two processes available for PS employees to attend a NZPB hearing.

They are:

Prison Services’ Witness Request Process; and
A formal summons process pursuant to Section 118A of the Parole Act 2002 No 10 - Power to summon witness.

The following procedure will apply when a PS employee is requested to appear before the NZPB.
The NZPB requests a PS employee to attend a hearing.
The Board Administrator emails the Regional Manager and relevant Prison Manager where the employee is currently based, using the NZPB Witness Request Form.
Where the NZPB is unsure of the employee required to attend, the Board Administrator emails the Regional Manager and relevant Prison Manager, using the NZPB Witness Request Form and clearly outlines what information is required on the form.
The Prison Manager:
- will determine the most suitable employee to attend the hearing and respond back to the Board Administrator using the NZPB Witness Request Form;
- must notify the employee’s direct line manager as well as the employee who is required to appear before the NZPB;
- will nominate another employee, if the employee requested by the NZPB is not available, or not the most appropriate person to attend given the nature of the information requested;
- must provide a clear explanation as to why the original employee requested is not able to attend the parole hearing.
  (Further negotiation between the NZPB and the Prison Manager may be required).
The information may be provided to the NZPB in writing as opposed to having an employee appear at the hearing on a case by case basis if:
- the NZPB has agreed; and
- only if the nominated employee is unable to attend.

The NZPB will provide a minimum of two weeks’ notice before an employee is expected to appear at the next parole hearing.
Once the Board Administrator has notified the Regional Manager and Prison Manager that a PS employee is required to appear, the Prison Manager has one week to complete the NZPB Witness Request Form.
If the NZPB have requested an employee to attend within the two weeks, this must be negotiated between the Prison Manager and the NZPB.
The Prison Manager will contact the NZPB within 72 hours to advise whether the employee will be able to attend the hearing.

If the employee has been requested to appear before the NZPB then they will be entitled to:

All reasonable traveling costs associated with getting to and from the venue will be met by the prison.
Payment for any applicable allowances in terms of their Employment Agreement.
In addition to salary / hourly rate costs, the Department will also meet all approved actual and reasonable costs associated with and appearance before the NZPB.
- For those employees rostered time off, on annual leave or similar circumstances, the costs covered may include payment for accommodation or childcare etc.

All costs to be met by the prison must be discussed, agreed, and documented prior to the NZPB appearance.

If the employee is rostered on a normal working day, the employee must appear at the hearing. They will be paid their applicable salary rate in terms of their Employment Agreement.
Where the employee has been rostered for time off, has approved annual leave or similar circumstances, the Prison Manager will negotiate with the employee to return to work for the purpose of appearing before the NZPB.
- If the employee agrees to appear before the NZPB, the employee will be granted time off equivalent to the time taken to travel and appear before the NZPB.
- If the employee is unwilling or unable to appear before the NZPB, the Prison Manager will need to advise the Board Administrator.
Where possible, the Prison Manager will nominate another employee to attend the NZPB, or request that the scheduled hearing date be changed to allow the original employee to attend.

The NZPB also has the option of issuing a formal summons on the employee to have them appear on the scheduled hearing date.

If the Chairperson or Panel Convenor legally summons a PS employee under section 118A of the Parole Act 2002 to attend a NZPB hearing, the NZPB has the responsibility of serving a formal summons on the nominated employee.
The Board Administrator will notify the Regional Manager and Prison Manager via email at the prison where the employee is based.
The purpose of this email is to ensure that the Regional Manager and Prison Manager are aware that an employee has been summoned, and to inform them what information has been requested by the NZPB.
All costs associated with an employee being summoned will be met by the NZPB as per regulations made under the Summary Proceedings Act 1957.

Independent contractors or service providers (i.e. engaged via a Contract For Service and paid via invoice) are not considered to be employees of the Department of Corrections. Therefore, if the NZPB wishes to have a contractor or service provider appear at the NZPB hearing, a summons will need to be issued directly to the nominated person.
Given the Confidentiality clauses included in many of the Department’s Contracts for Service, the Contractor may wish to advise the Regional Manager or Prison Manager concerned that they have been summonsed to appear.
If the Regional Manager and Prison Manager are made aware that a Contractor within their region has been requested to appear, the Prison Manager may contact Head Office Legal Services to discuss the issue with a solicitor.

The prisoner and / or the prisoner’s solicitor may be present at the time of the employee providing oral evidence or additional information. The prisoner or prisoner’s solicitor may ask questions regarding the evidence or information given by the employee.
Prison Services will provide a Departmental or external solicitor to support the employee.
Once the Regional Manager and Prison Manager have been made aware that an employee within their region has been requested to appear, the Prison Manager must contact Head Office Legal Services to arrange for a solicitor to attend the hearing and represent the Department.
The cost of the Departmental or external solicitor will be met by the prison.

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