Who decides when offenders get seen by the Board for release on parole?
The date offenders become eligible to be considered by the Board for release on parole depends on their sentence. Their exact eligibility depends on the length and type of sentence they are serving and any special restrictions imposed such as a minimum term of imprisonment. (The sentence types are set out in the Criminal Justice Act 1985 and the Sentencing Act 2002.) After the Board has considered a case, if it declines release offenders are usually seen every year following that. However, in special circumstances, the Board has the discretion to postpone the next hearing for a specified time such as within two or three years, depending on the offender's sentence.
Does the Board make all release decisions?
No. The Board considers the cases of offenders serving long-term sentences who are eligible for release on parole. It does not decide the release of offenders on short-term prison sentences. Nor does the Board decide the release of offenders sentenced under the Criminal Justice Act 1985 who are required by law to be released after serving two thirds of their sentences, or those who have served their sentences in full. The Board's only role for these offenders is to set conditions of release.
Do victims have special rights?
Yes. Victims of certain serious offences who are registered as part of the victim notification system are entitled to receive notice of, and to have input to, the Board's considerations of a case. They are also entitled to request certain information about the offender from the Department of Corrections. They can receive information from the Board about the hearing, make written and oral submissions (involving support people if they wish), and be told the Board's decision.
Victims who are not registered as part of the victim notification system can make written submissions, may request to make oral submissions (involving support people if they wish), and be told of the Board's decision. The Parole Act 2002 specifically requires the Board to give due weight to victims' submissions.
Can anybody make a written submission?
Yes. Anyone is entitled to send a written submission to the Board. However, apart from the offender, only certain parties (for example; registered victims and the Police) will be notified of when a hearing is due. If written submissions are received from the general public these will be provided to the panel of Board members considering the case for them to review. Note that the Board is required to take into account the submissions of victims, but this is not a requirement for general submissions. Offenders will generally be shown any other written submissions on the same basis as victims' written submissions. (See What about offenders?)
Can anyone get information about a decision?
The Board is subject to both the Official Information Act 1982 and the Privacy Act 1993. When considering the disclosure of information about an offender to a third party the Board needs to balance the privacy of the offender (and any victims) with the public interest in making the information available.
Who is the Board accountable to?
The New Zealand Parole Board is an independent, statutory body accountable to Parliament. The Board is required to provide an annual report about its operations to the Attorney-General.