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Functions of the New Zealand Parole Board

The main function of the New Zealand Parole Board (the Board) is to make decisions about the release of offenders and to consider various applications made to it regarding the release of offenders.

Under the Parole Act 2002, the Board has the following functions. To:

• consider and, if appropriate, direct offenders to be released on parole
• consider applications for release on compassionate grounds
• set conditions for offenders who are to be released on parole or on compassionate release, and to set conditions for offenders who must, by law, be released having reached their statutory release date (in these cases the Board's only role is to set conditions)
• monitor compliance by certain offenders with their release conditions
• vary or discharge release conditions
• consider applications to have offenders recalled to prison
• make postponement orders
• make and review non-release orders (under Section 107 of the Parole Act 2002)
• review Board decisions
• consider imposing special conditions for extended supervision orders
• consider variations or discharges of conditions of extended supervision orders.

The 'Cases and eligibility' area of this website provides more detail about the types of case listed above.

The Board also has the following functions:

• to develop policies on how to carry out its business.
• to maintain a register of Board decisions.
• to keep statistical and other records relating to its work.
• to provide information that is readily accessible about matters relating to release from detention and about the policies and operation of the Board.

Guiding Principles

Section 7 of the Parole Act states, "When making decisions about, or in any way relating to, the release of an offender, the paramount consideration for the Board in every case is the safety of the community."

In all its considerations, the Board must comply with the Parole Act 2002.  There are a number of other principles in the Act which the Board must take into account when making it’s decisions:

• That the rights of victims are upheld, and victims submissions and any restorative justice outcomes are given due weight.
• That offenders must not be detained any longer than is consistent with the safety of the community.
• That offenders must not be subject to release conditions that are more onerous, or last longer, than is consistent with the safety of the community.
• That offenders must be provided with information about decisions that concern them, and be advised how they may participate in decision-making that directly concerns them.
• That decisions must be made on the basis of all the relevant information that is available to the Board.

The assessment of risk

When any person is required to assess whether an offender poses an "undue risk", they must consider:

• The likelihood of further offending; and
• The nature and seriousness of any likely further offending

The Board may give a direction to release an offender on parole only if it is satisfied on reasonable grounds that the offender, if released, "will not pose an undue risk to the safety of the community" … taking into account:

• the support and supervision available to the offender following release; and
• the public interest in the reintegration of the offender into society as a law-abiding citizen.

General Deterrence

In a Court of Appeal case in August 2006 (DR Reid, SL Bindon and SL Staples v New Zealand Parole Board CA247/05, CA248/05, CA249/05 29 August 2006) the Court ruled, in summary, that the Board may not take considerations of "general deterrence" into account, when determining release.