Ministry of Justice: 2001: Sentencing and Parole Reform Bill

(1) The New Zealand Parole Board is established as an independent statutory body.

(3) The Board is subject to the Official Information Act 1982 and to the Privacy Act 1993.

(a) to consider offenders for parole and home detention and, if appropriate, to direct offenders to be released on parole or be detained on home detention:

(b) to set the conditions of release for-

(i) offenders released at their statutory release date; and

(ii) offenders released on parole; and

(iii) offenders detained on home detention:

(i) the variation and discharge of release and detention conditions under section 214 ; and

(ii) recall from parole and home detention:

(d) to make postponement orders in relation to offenders:

(e) to review decisions relating to any of the matters listed in paragraphs (a) to (d) .

(a) to maintain a register of Board decisions:

(b) to keep statistical and other records relating to its work:

(c) to communicate with offenders, victims of offences (as defined in section 2 of the Victims of Offences Act 1987), and the general public about matters relating to release from imprisonment and the Board generally.

(a) appropriate policies that are consistent with this Act should be developed by the Board, and those policies must be complied with by the Board and its members:

(b) members of the Board should be provided with appropriate induction and training:

(c) information about the policies and operation of the Board should be made available to offenders, victims, and the general public.

(1) The chief executive must ensure that the Board and the chairperson are provided with the administrative support necessary to enable them to perform their functions efficiently and effectively.

(a) support on a regional basis for parole panels operating in each region:

(b) co-ordination of the timetable for, and membership of, parole panels:

(d) support for the chairperson in performing his or her functions under section 268 .

(1) The Board consists of members who are appointed by the Governor-General on the recommendation of the Attorney-General.

(a) 1 member who is appointed as chairperson; and

(b) at least 9 members who are appointed as panel convenors; and

(3) Before appointing a person as a member, the Attorney-General must be satisfied that the person has-

(a) knowledge or understanding of the criminal justice system; and

(b) the skills necessary to make a balanced and reasonable assessment of the risk an offender may present to the community when released from prison; and

268 Chairperson of Board (1) The member appointed as chairperson must be a Judge of the High Court or a former Judge of the High Court.

(2) The primary function of the chairperson is to ensure that the Board carries out its functions in accordance with this Act in an efficient and effective manner.

(3) Without limiting the function described in subsection (2) , it is also the function of the chairperson to-

(a) ensure that the Board operates in accordance with the principles set out in section 265 ; and

(b) allocate panel convenors to undertake reviews of decisions under section223 .

(4) The chairperson may sit as a member (including as a panel convenor) at any panel hearing.

(1) The chairperson may delegate any of his or her functions or powers to any 1 or more panel convenors.

(2) Every delegation must be in writing and may be revoked at will, either in writing or orally.

(4) For the purpose of ensuring that the functions and powers of the chairperson are performed or exercised during any period when the chairperson is absent or incapacitated, the chairperson must ensure that at all times he or she has nominated 1 panel convenor to serve as acting chairperson if the need arises.

(5) The fact that a person purports to exercise, or to have exercised, any function or power of the chairperson under a delegation or nomination is, in the absence of proof to the contrary, sufficient evidence of the person's authority to do so.

(1) Every member who is appointed as a panel convenor must be a District Court Judge or a former District Court Judge.

(2) Despite subsection (1) , at any time there may be appointed as a panel convenor 1 person who is a Judge of the High Court or a former Judge of the High Court.

(a) to make the decision on whether to hold an attended or an unattended hearing for any decision relating to release conditions, parole, or home detention; and

(b) at a hearing,-

(i) to preside at the hearing; and

(ii) to determine any matters of procedure that may arise during or in relation to the hearing; and

(ii) to sign the decision of the panel at that hearing; and

(d) under the direction of the chairperson, to undertake or assist in the exercise of any of his or her functions.

(4) The chairperson may appoint any member (whether or not qualified to be a panel convenor) as an acting panel convenor in respect of a particular hearing or number of hearings if, for any reason, a panel convenor is not available for that hearing or those hearings.

(5) If the chairperson sits on a parole panel, he or she may act as a panel convenor for the purposes of that sitting; and for that purpose the chairperson has all the functions and powers of a panel convenor.

(1) The Board must operate in panels of at least 3 members, 1 of whom must be a panel convenor or the chairperson.

(2) The decision of the majority of members on a panel is the decision of the panel.

(3) Subsection (1) is subject to any other provision of this Act that requires or permits the Board to perform its functions other than by way of panel hearings.

(4) Despite subsection (1) , if a member leaves a hearing for any reason, the remaining 2 members may continue the hearing, but any decision that results will not be valid unless or until agreed to by the absent member or by another member appointed by the chairperson.

(1) A decision by a panel acting within its jurisdiction is a decision of the Board.

(2) A decision by the chairperson or a panel convenor, acting within their respective jurisdictions, is a decision of the Board.

(3) Every decision of the Board that relates to an offender must be in writing, and include reasons for the decision.

(4) A copy of every decision of the Board that relates to an offender must be given to-

(a) the offender to whom it relates; and

(b) the Department of Corrections.

(1) The chairperson must ensure that no person involved in a parole panel hearing reviews a decision of that panel.

(2) The chairperson must, if he or she becomes aware that a member has, or may be perceived as having, bias for or against an offender, require the member to excuse himself or herself from-

(a) participating in a panel that considers an application by or relating to the offender; and

(b) making, or participating in making, any other decision under this Act that relates to the offender.

The Board must, within 2 months of the end of each financial year, give the Attorney-General an annual report on the operation of the Board, and the performance of its functions, during the financial year.

(1) Every member, including the chairperson, must be appointed for a term of 3 years.

(1) A member may at any time resign from office by written notice to the Governor-General.

(2) The Governor-General may at any time, on the recommendation of the Attorney-General, remove a member from office for just cause; and the member is not entitled to compensation for removal.

(1) The remuneration of any member who is a District Court Judge or a Judge of the High Court must, so far as it relates to the Judge's membership of the Board, be determined by the Higher Salaries Commission.

(2) Every other member must be paid fees and expenses in accordance with the framework determined by the government from time to time for the classification and remuneration of statutory and other bodies.

(3) A person is not employed in the service of the Crown, for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956, merely as a result of being a member of the Board.

No member is personally liable for any act or omission done in pursuance, or intended pursuance, of the Board's functions, unless the act or omission was done in bad faith.

(1) At the close of the day before the commencement date, the Parole Board established under section 130 of the Criminal Justice Act 1985, and every District Prisons Board established under section 132 of that Act, are abolished.

(2) The term of every member of the Parole Board, and of every member of a District Prisons Board, expires with the close of the day before the commencement date.

(3) No member of the Parole Board or a District Prisons Board is entitled to compensation as a result of the expiry under this section of his or her term of office.

(4) On and from the commencement date, every reference in an enactment (other than this Act), or in any instrument or register, to the Parole Board or to a District Prisons Board or District Prisons Boards must, if the context requires, be construed as a reference to the Board.

The Acts set out in Schedule 4 are amended in the manner set out in that schedule.

Part 4: New Zealand Parole Board and amendments to other enactments relating to parole and release generally