5. Policy on the presence of the media at attended hearings

Introduction:     

Section 49(1) and (2) provide:

(1)  An attended hearing must be run in the manner of an inquiry, and in an atmosphere that encourages persons appearing before the Board to speak for themselves, and as freely and frankly as possible. 

 

(2)    Within that context, the Board may conduct the hearing as it thinks appropriate and, subject to this section, has the following powers:

(a)  to determine who may attend, and determine whether a person may attend other than in person (for instance, by telephone or video link):

 

(b)  to determine who may speak:

 

(c)  to impose limits on what a person may talk about and for how long:

 

(d)  to require any person to leave the hearing, either temporarily or for the remainder of the hearing:

 

(e)  to adjourn the hearing.

Media Policy: 

The policy of the Board is that requests from the media to attend hearings of the Board may be granted subject to strict conditions.

Before granting an application from the media, the Board must be satisfied:

(1)  that the offender has been advised and has given informed consent to the proposal.

 

(2)  that the proposed media presence at the hearing is in the public interest.

 

(3)  that the presence of media representatives will not inhibit participants from speaking “as freely and frankly as possible”.

 

(4)  that coverage of the hearing will not be disruptive to the way the hearing is conducted.

 

Note:  Board hearings are held inside prisons and as such, access is controlled by the Department of Corrections.  Consent to enter a prison must be sought through separate application to the Department.

All applications for media coverage will be determined by the Board on the papers.  Applications must be lodged to give sufficient time to obtain the necessary consents referred to above.  The Board which determines the application will consist of at least three members of the panel which is due to preside over the hearing.  In considering any application, the Board may have regard to:

(1)  The principles contained in s49;

 

(2)  The nature of the hearing;

 

(3)  Any other relevant matters.

If the application is granted, the Board will set such conditions as it thinks fit.  The conditions will be based in part on the standard conditions which apply to media coverage of hearings in the Courts.  The conditions may include the right to direct at any time that information or comments made are not to be reported on or filmed.  For example, the contents of psychological and other specialist reports, proposed release addresses, and the names of supporters or victims or offenders.  In addition, conditions will include who may be filmed or reported on.

In the case of multiple applications, the Board has complete discretion over which application is approved.  Considerations will include the size of the hearing room.  The Board may at any time revoke its consent or vary the conditions of approval.

Sir David Carruthers

Chairperson

New Zealand Parole Board

Reviewed and confirmed as amended 21 December 2009.