1: Title
1: This Act is the Parole (Extended Supervision) Amendment Act 2004.
2: In this Act the Parole Act 2002 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. Amendments to principal Act consequential on new
Part 1A
3: Interpretation
Section 4 determinate sentence extended supervision order section 107I .
4: Application of Part to offenders detained in hospital
1: The heading to section 10 of Part
2: Section 10(2) of this Part and Part 1A
5: Special conditions
Section 15(3)
e: conditions prohibiting the offender from entering or remaining in specified places or areas, at specified times, or at all times:
f: conditions requiring the offender to submit to the electronic monitoring of compliance with any release conditions, or conditions of an extended supervision order, that relate to the whereabouts of the offender.
6: New
section 15A The principal Act is amended by inserting, after section 15
15A: Electronic monitoring
1: The purpose of an electronic monitoring condition (whether imposed as a special condition under section 15 section 36
2: For the purposes of the Privacy Act 1993 subsection (1)
a: to verify compliance with any release conditions, detention conditions, or conditions of an extended supervision order:
b: to detect non-compliance with any conditions and the commission of offences:
c: to provide evidence of non-compliance with conditions and the commission of offences.
3: To avoid doubt, an offender who is subject to an electronic monitoring condition may be required to have equipment attached to his or her body.
4: The annual report of the Department of Corrections must include the following information about the use of electronic monitoring in the year reported on:
a: the number of offenders who were at any time subject to an electronic monitoring condition:
b: the average number of offenders who were subject to an electronic monitoring condition and the average duration of the condition:
c: the percentage of offenders who, while subject to an electronic monitoring condition (other than as a standard detention condition while on home detention), were—
i: convicted for a breach of the condition; or
ii: convicted of any other offence; or
iii: recalled to prison under an interim recall order or a final recall order:
d: a description of processes and systems relating to electronic monitoring that were in place during the year reported on.
7: Conditions applying to release at statutory release date
Section 18 subsection (2)
2A: Subsection (2) section 52
8: Release conditions applying to parole
Section 29 subsection (2)
2A: Despite subsection (2)
9: Arrest without warrant
Section 73(2) or conditions of an extended supervision order
10: Regulations
Section 74
a: adding to paragraph (a) and Part 1A
b: omitting from paragraph (f) this Part, and its due this Part and Part 1A New
Part 1A
11: New
Part 1A The principal Act is amended by inserting, after section 107
1A: Extended supervision orders
Preliminary
107A: Overview of Part
This Part—
a: provides that offenders who have been convicted of certain sexual offences may, after assessment by a health assessor, be made subject to an extended supervision order by a court; and
b: provides that an extended supervision order may last for up to 10 years; and
c: provides that the conditions of an extended supervision order are the standard release conditions and any special conditions imposed by the Board; and
d: provides rights of appeal and review relating to extended supervision orders.
107B: Meaning of relevant offence
1: In this Part, unless otherwise specified, relevant offence means any of the following:—
a: an offence referred to in subsection (2) or subsection (3)
b: an attempt to commit any offence referred to in subsection (2) or subsection (3)
c: a conspiracy to commit any offence referred to in subsection (2) or subsection (3)
2: An offence under any of the following sections of the Crimes Act 1961 Crimes Act 1961
a: section 128
b: section 129
c: section 129A
d: section 130
e: section 131
f: section 132(1) and (2)
g: section 133
h: section 134(1) and (2)
i: section 138
j: section 139
k: section 140
l: section 140A
m: section 142
n: section 144A
o: section 144C
p: section 208
q: section 210
3: An offence under the Films, Videos, and Publications Classifications Act 1993
a: promotes or supports, or tends to promote or support, the exploitation of children, or young persons, or both, for sexual purposes:
b: describes, depicts, or otherwise deals with sexual conduct with or by children, or young persons, or both:
c: exploits the nudity of children, or young persons, or both.
107C: Meaning of eligible offender
1: In this Part, eligible offender
a: has been sentenced to imprisonment for a relevant offence, and that sentence has not been quashed or otherwise set aside; and
b: has not ceased, since his or her latest conviction for a relevant offence that has not been quashed or otherwise set aside, to be subject to a sentence of imprisonment (whether for a relevant offence or otherwise) or to release conditions or detention conditions (whether those conditions are suspended or not); but
c: is not subject to an indeterminate sentence.
2: To avoid doubt, and to confirm the retrospective application of this provision, despite any enactment or rule of law, an offender may be an eligible offender (including a transitional eligible offender as defined in section 107Y
107D: Meaning of sentencing court
In this Part, sentencing court
107E: Obligation to assess eligible offenders
The chief executive must ensure that, before an eligible offender is released from detention, the offender is assessed to determine the likelihood that the offender will commit any of the relevant offences referred to in section 107B(2) Application for, and making of extended supervision orders
107F: Chief executive may apply for extended supervision order
1: The chief executive may apply to the sentencing court for an extended supervision order in respect of an eligible offender at any time before the later of—
a: the sentence expiry date of the sentence to which the offender is subject that has the latest sentence expiry date, regardless of whether that sentence is for a relevant offence; and
b: the date on which the offender ceases to be subject to any release conditions.
2: An application under this section must be in the prescribed form and be accompanied by a report by a health assessor (as defined in section 4 of the Sentencing Act 2002
a: the nature of any likely future sexual offending by the offender, including the age and sex of likely victims:
b: the offender's ability to control his or her sexual impulses:
c: the offender's predilection and proclivity for sexual offending:
d: the offender's acceptance of responsibility and remorse for past offending:
e: any other relevant factors.
107G: Procedure following application for extended supervision order
1: As soon as practicable after an application for an extended supervision order is made, the chief executive must ensure that the offender who is the subject of the application is served, by personal service, with—
a: a copy of the application; and
b: a copy of the health assessor's report; and
c: copies of any affidavits accompanying the application; and
d: a notice setting out the offender's rights and the procedures relating to the application.
2: A Judge of a sentencing court, or a Registrar, Justice, or Community Magistrate, may issue a summons to an offender in respect of whom an application under section 107F sections 24 and 25 of the Summary Proceedings Act 1957
3: A Judge of a sentencing court may issue a warrant for the arrest of the offender if the Judge is of the opinion that a warrant is necessary to compel the attendance of the offender; and, in that case, sections 22 and 23 of the Summary Proceedings Act 1957 section 316 of the Crimes Act 1961
4: An offender who is the subject of an application for an extended supervision order must be present at the hearing of the application and may be represented by counsel.
5: During the hearing, the sentencing court may adjourn the hearing and,—
a: if the offender was brought to court under section 65(3) of the Corrections Act 2004 section 65 of that Act
b: if the offender was brought to court following arrest under a warrant issued under subsection (3) subsection (6)
c: in any other case (subject to subsection (9)
i: the court may allow the offender to go at large during the period of the adjournment; or
ii: the offender may be granted bail in accordance with subsection (6)
6: If an offender who is the subject of an application for an extended supervision order may be granted bail,—
a: the Bail Act 2000
b: if the sentencing court is a District Court, Part 3 of that Act
c: if the sentencing court is the High Court, Part 4 of that Act
7: The following provisions of the Summary Proceedings Act 1957
a: section 71
b: section 201
c: section 203
d: section 204
e: section 206
8: Any summons, warrant, or other form that is prescribed under section 212 of the Summary Proceedings Act 1957
9: Before the Corrections Act 2004 section 26(2) of the Penal Institutions Act 1954 paragraph (a) of that subsection
10: Sections 138 to 141 of the Criminal Justice Act 1985 sections 128 to 142A of the Crimes Act 1961
11: The Costs in Criminal Cases Act 1967
107H: Hearings relating to extended supervision orders
1: In this section, hearing means any hearing before a sentencing court or the Court of Appeal that relates to any of the following:
a: an application for an extended supervision order:
b: an application for cancellation of an extended super-vision order:
c: an application for extension of an extended supervision order:
d: an appeal under section 107R
2: At any hearing, the court may receive and take into account any evidence or information that it thinks fit for the purpose of determining the application or appeal, whether or not it would be admissible in a court of law.
3: At any hearing, the court is entitled to take into account the fact that an offender refused to co-operate with the preparation of the health assessor's report required under section 107F(2)
4: When any hearing is to be held, the chief executive must notify every victim of the offender concerned about the hearing.
5: A victim may make written submissions to the court and, with the leave of the court, may appear and make oral submissions at the hearing.
6: The court must provide a copy of every order made at or following any hearing, along with the reasons for the order, to the offender concerned, the chief executive, and the police.
7: The chief executive must notify every victim of the offender concerned of the outcome of every hearing.
107I: Sentencing court may make extended supervision order
1: The purpose of an extended supervision order is to protect members of the community from those who, following receipt of a determinate sentence, pose a real and ongoing risk of committing sexual offences against children or young persons.
2: A sentencing court may make an extended supervision order if, following the hearing of an application made under section 107F section 107F(2) section 107B(2)
3: To avoid doubt, a sentencing court may make an extended supervision order in relation to an offender who was, at the time the application for the order was made, an eligible offender, even if, by the time the order is made, the offender has ceased to be an eligible offender.
4: Every extended supervision order must state the term of the order, which may not exceed 10 years.
5: The term of the order must be the minimum period required for the purposes of the safety of the community in light of—
a: the level of risk posed by the offender; and
b: the seriousness of the harm that might be caused to victims; and
c: the likely duration of the risk.
6: If the person to whom an application for an extended supervision order relates is already subject to an extended supervision order, any new order may not be made for a period that, when added to the unexpired portion of the earlier order, exceeds 10 years. Nature of extended supervision order
107J: Conditions of extended supervision order
1: The conditions of an extended supervision order are—
a: the standard release conditions; and
b: any special conditions imposed by the Board under section 107K
2: The standard release conditions—
a: apply throughout the term of the order (except as provided in section 107K(2) and section 107O
b: must be treated for the purpose of sections 56 to 58
107K: Board may impose special conditions
1: At any time before an extended supervision order expires or is cancelled, and whether or not it has come into force, the Board may, on an application by the chief executive or a probation officer, impose on the offender—
a: any special condition that the Board is entitled to impose under section 15
b: a special condition requiring the person to reside at a specified address and be subject to the standard detention conditions set out in section 36(2)(a), (b), and (d)
2: If an offender is subject to a special condition referred to in subsection (1)(b)
a: the condition may include a requirement that the offender submit to being accompanied and monitored, for up to 24 hours a day, by an individual who has been approved, by a person authorised by the chief executive, to undertake person-to-person monitoring; and
b: the standard release conditions do not apply.
3: If the Board imposes special conditions under this section, it must specify the duration of those conditions which,—
a: in the case of a condition referred to in subsection (1)(a)
b: in the case of the condition referred to in subsection (1)(b)
4: Subsections (2) and (4) of section 15
5: If an offender is subject to a special condition under this section that requires the offender to take prescription medication, the offender does not breach his or her conditions, for the purposes of section 107T
6: The Board must notify the offender concerned, and every victim of the offender, if it is considering imposing special conditions under this section.
7: The offender and any victim of the offender may make written submissions to the Board and, with the leave of the Board, may appear and make oral submissions on whether special conditions should be imposed, what the conditions should be, and their duration.
8: Notice of any special conditions attached to an extended supervision order must be provided, in writing, to the following:
a: the offender:
b: the chief executive:
c: the police:
d: every victim of the offender; but the Board may withhold notice of a particular condition if disclosure of the condition would unduly interfere with the privacy of any other person (other than the offender).
107L: Commencement and expiry of extended supervision order
1: An extended supervision order comes into force,—
a: if the order is made while the offender is detained or liable to be recalled, on the offender's statutory release date; or
b: if the order is made at any other time, on the date specified in the order.
2: On the date on which an extended supervision order comes into force, any release conditions or detention conditions to which the offender is subject are discharged.
3: An extended supervision order expires on the date on which the order is cancelled or the term of the order expires. Cancellation, extension, variation, and suspension of extended supervision orders or conditions
107M: Sentencing court may cancel extended supervision order
1: At any time after an extended supervision order has come into force, the offender who is subject to the order, or the chief executive, may apply to the sentencing court to cancel the order on the grounds that the offender is no longer likely to commit any of the relevant offences referred to in section 107B(2)
2: On receipt of an application for cancellation, the Registrar of the sentencing court must set the matter down for hearing.
3: The applicant for cancellation must, as soon as practicable, serve on the other party—
a: a copy of the application:.
b: notice of the date of the hearing.
4: The sentencing court may order the cancellation of an extended supervision order only if the applicant satisfies the court that the offender is no longer likely to commit any of the relevant offences referred to in section 107B(2)
5: Section 107G(7) and (8)
6: If the sentencing court declines to order the cancellation of an order, the court may at the same time, and on its own initiative or on application by the chief executive, order that the offender not be permitted to apply under this section for a specified period of not more than 2 years.
107N: Extension of short extended supervision order
1: At any time before the expiry of an extended supervision order whose term is less than 10 years, the chief executive may apply to the sentencing court for an extension of the order up to the maximum term of 10 years.
2: An application may be made under this section only if—
a: the offender to whom the order relates has been convicted under section 107T
b: the offender agrees in writing to the application being made.
3: Subsection 107G
4: The sentencing court may order that an extended supervision order be extended if—
a: it is satisfied, having considered the matters addressed in the health assessor's report as set out in section 107F(2) section 107B(2)
b: the offender agrees in writing to the extension of the order for the term ordered by the court.
5: An extended supervision order may not be extended for a term that results in the total term of the order exceeding 10 years.
107O: Board may vary conditions of extended supervision order
1: At any time, whether before or after an extended supervision order has come into force, the offender who is subject to the order, or a probation officer, may apply to the Board for the variation or discharge of any condition of the order.
2: Sections 56, 57, and 58(1) and (4)
3: If the conditions of an extended supervision order are varied or discharged, notice of the conditions as so varied or discharged must be provided to the following:
a: the offender:
b: the probation officer involved:
c: the police:
d: every victim of the offender; but the Board may withhold notice of a particular condition if disclosure of the condition would unduly interfere with the privacy of any other person (other than the offender).
107P: Suspension of conditions of extended supervision order
1: The conditions of an offender's extended supervision order are suspended, and time ceases to run on the order, during any period that the offender is detained in a penal institution.
2: If the conditions of an extended supervision order are suspended under subsection (1)
a: in the case of an offender who is detained under a sentence of imprisonment, on the offender's statutory release date; and
b: in the case of an offender who is detained under a court order, on the date the offender is released.
3: If an offender who is subject to an extended supervision order is detained in a hospital under a compulsory treatment order, then—
a: the conditions of the extended supervision order are suspended while the offender is detained, but a probation officer may reactivate any condition that is required to ensure that the offender does not pose an undue risk to the community or any person or class of persons; and
b: time on the order continues to run during the period of detention; and
c: the conditions that have not been reactivated earlier are reactivated when the offender is released.
107Q: Effect of new sentence on offender subject to extended supervision order
1: If an offender who is subject to an extended supervision order that is in force is sentenced to a community-based sentence, the extended supervision order continues in force while the offender serves the sentence.
2: If an offender who is subject to an extended supervision order is sentenced to a determinate sentence, time ceases to run on the order, and the conditions of the order are suspended and then reactivated, in accordance with section 107P
3: If an offender who is subject to an extended supervision order is sentenced to an indeterminate sentence, the order is can-celled; but if the sentence is subsequently quashed or otherwise set aside, the extended supervision order is to be treated as if it had not been cancelled. Appeals and reviews
107R: Appeals against decisions of sentencing court
1: An appeal against a decision or order made by the sentencing court under section 107I, section 107M, or section 107N
2: Every appeal must be to the Court of Appeal, and Part 13 of the Crimes Act 1961 section 107H of this Act section 383 of the Crimes Act 1961
3: The lodging of an appeal against a decision or order does not prevent that decision or order taking effect according to its terms.
107S: Review of Board decisions
Section 67 section 107K or section 107O Miscellaneous provisions
107T: Offence to breach extended supervision order
An offender who is subject to an extended supervision order and who breaches, without reasonable excuse, any conditions attaching to that order commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 2 years.
107U: Rules about court practice and procedure
The Governor-General may from time to time, by Order in Council, make rules regulating the practice and procedure of courts in proceedings under section 107I, section 107M, or section 107N 1991 No 120, s 90
107V: Additional victim notification
The chief executive must notify every victim of an offender who is subject to an extended supervision order if any of the following occurs:
a: the offender is convicted of an offence against section 107T
b: the offender's extended supervision order expires:
c: the offender dies.
107W: Information about victims not to be disclosed
In any proceedings under this Part, no person may, directly or indirectly, disclose to the offender any information that discloses the current address or contact details of any victim of the offender (as defined in section 4 of the Victims' Rights Act 2002
107X: Application of
Legal Services Act 2000 For the purposes of section 6(a) of the Legal Services Act 2000 Transitional measures
107Y: Definitions
In this section and section 107Z introduction date transitional eligible offender
a: any person who, on or after the introduction date, would have been an eligible offender if this Part had been in force on or after that date, but who ceases to be an eligible offender before this Part comes into force:
b: any person who, on the date on which this Part comes into force, is an eligible offender, but who ceases to be an eligible offender within 6 months after this Part comes into force.
107Z: Applications in respect of transitional eligible offenders to be made within first 6 months after commencement
1: This Part applies to a transitional eligible offender in the same way as it applies to an eligible offender, except as provided in subsection (2)
2: The chief executive may apply for an extended supervision order in respect of a transitional eligible offender until 5 pm on the day that is 6 months after the date on which this section comes into force, but no later. This subsection overrides section 107F(1)(a) and (b)
3: However, nothing in this section prevents the chief executive applying for an extended supervision order more than 6 months after this section comes into force if, after that date, the offender is an eligible offender. Further consequential amendment to principal Act relating to
Part 1A
12: Functions of Board
1: Section 109(1)(e) subparagraph (i)
ia: the variation and discharge of conditions of extended supervision orders as provided for in section 107O .
2: Section 109(1) paragraph (g)
ga: to impose special conditions on offenders in respect of whom extended supervision orders have been made: . Consequential amendments to other enactments relating to
Part 1A
13: Amendment to
Criminal Justice Act 1985 Section 125(1) Criminal Justice Act 1985
aa: to supervise all persons placed under the officer's supervision under an extended supervision order made under Part 1A of the Parole Act 2002 .
14: Amendment to
Corrections Act 2004
1: Section 2(1) Corrections Act 2004 (except sections 182A to 182E and sections
2: Section 2 Corrections Act 2004 subsection (1)
1A: Sections 182A to 182E
3: Section 25(1) Corrections Act 2004 paragraph (a)
ab: to supervise all persons placed under the officer's supervision under an extended supervision order made under Part 1A of the Parole Act 2002 .
4: Section 65(2) Corrections Act 2004 paragraph (a)
ab: a prisoner is the subject of an application under Part 1A of the Parole Act 2002
5: The Corrections Act 2004 section 182 Information sharing about child sex offenders
182A: Information sharing about child sex offenders
1: A specified agency that enters into an information sharing agreement under section 182D subsection (3)
2: Nothing in subsection (1) Privacy Act 1993 section 182 of this Act
3: The purposes for which personal information about a child sex offender may be disclosed under an information sharing agreement between specified agencies are:—
a: to monitor compliance by the child sex offender with his or her release conditions, detention conditions, conditions of a sentence of supervision, or conditions of an extended supervision order:
b: to manage the risk that the offender may commit further sexual offences against children:
c: to identify any increased risk that the offender may breach his or her conditions or will commit further sexual offences against children:
d: to facilitate the reintegration of the offender into the community.
182B: Definition of child sex offender
1: For the purposes of section 182A child sex offender
a: has been convicted of a relevant offence as defined in section 107B(1) of the Parole Act 2002 section 107B(3)
b: whose sentence for the relevant offence has not been quashed or otherwise set aside; and
c: who is subject to release conditions, detention conditions, a sentence of supervision, or an extended supervision order.
2: However, a person is not a child sex offender for the purposes of section 182A
a: since his or her latest conviction for a relevant offence, the offender has had a period during which he or she was not subject to any sentence for an offence and was not subject to release conditions of any sort; and
b: the offender is not subject to an extended supervision order.
182C: Definition of specified agency
For the purposes of section 182A specified agency
a: the Department of Corrections:
b: the Department of Child, Youth and Family Services:
c: Housing New Zealand Corporation:
d: the Ministry of Social Development:
e: the New Zealand Police:
f: any public sector agency (as that term is defined in section 2 of the Privacy Act 1993 Gazette
182D: Information sharing agreements
1: An agreement entered into under this section for sharing information about child sex offenders must set out the operational details about how the information is to be shared.
2: Without limiting subsection (1)
a: specify the nature of the information to be disclosed; and
b: specify the manner in which the information may be disclosed; and
c: set out how the information privacy principles, as set out in section 6 of the Privacy Act 1993
3: Before an information sharing agreement is concluded, reviewed, or substantially amended, the specified agencies concerned must consult with the Privacy Commissioner.
182E: Application of agreements
When specified agencies enter into an information sharing agreement, the agreement applies to all personal information held by the agencies about a child sex offender, whether the information was obtained before or after the agreement came into force.
15: Amendment to
Criminal Procedure (Mentally Impaired Persons) Act 2003 The Schedule of the Criminal Procedure (Mentally Impaired Persons) Act 2003 Parole Act 2002 (2002 No 10) Insert in section 107P(3) a hospital or secure facility under a compulsory care order or
16: Amendments to
Parole Regulations 2002 The Parole Regulations 2002 Other miscellaneous amendments to principal Act
17: Report on suitability for home detention
Section 34 subsection (1)
1: On receiving an application under section 33
a: the nature of the offence or offences for which the offender is currently serving a sentence of imprisonment or has previously been convicted:
b: the likelihood that the offender's rehabilitation and reintegration will be assisted by home detention:
c: the safety and welfare of the occupants of the residence where the offender is to be detained:
d: the outcome of any restorative justice processes that have occurred.
18: Direction for detention on home detention
1: Section 35(2) subsection (1) only
2: Section 35(2) paragraph (b)
3: Section 35(4) long-term determinate
19: Detention conditions
Section 36(2)
d: the offender must, as and when required by a probation officer, submit to the electronic monitoring of compliance with his or her detention conditions.
20: When home detention ends
Section 40(d) section 27(3) section 37(3)
21: Decisions must be notified
Section 50 subsection (2)
2: When advising a victim under this section of any release or detention conditions applying to an offender, the Board may withhold advice of a particular condition if disclosing the condition would unduly interfere with the privacy of any other person (other than the offender).
22: Decisions to be notified to certain victims
Section 50B subsection (2)
2: When advising a person under this section of any release or detention conditions, the Board may withhold advice of a particular condition if disclosing the condition would unduly interfere with the privacy of any other person (other than the offender).
23: Release of offenders released at statutory release date
Section 52(3) an offender who is detained in a penal institution and
24: What happens when interim recall order made
Section 63(1) for the arrest of the offender and for the
25: Board may make final recall order
1: Section 66(3) for the arrest of the offender and for the
2: Section 66 subsection (3)
3A: If a warrant is issued under subsection (3)
26: New
section 66A The principal Act is amended by inserting, after section 66
66A: Protection of members of police
Section 39 of the Police Act 1958 section 63(1) or section 66(3)
27: New
section 73A The principal Act is amended by inserting, after section 73
73A: Power to enter premises to arrest
1: A member of the police may, at any time, for the purpose of arresting an offender named in a warrant issued under section 63(1) or section 66(3)
2: If the member of the police who is executing the warrant is not in uniform, and the person in actual occupation of the premises asks the member to produce evidence of his or her authority, the member must produce the warrant or a badge or other evidence that he or she is a member of the police. 1957 No 87, s 22
28: New
section 79 The principal Act is amended by repealing section 79
79: Start date if later sentence replaces original sentence
1: The start date of a sentence that is substituted for a sentence that was quashed or otherwise set aside on appeal (the original sentence
2: If a sentence (the original sentence
3: In either situation referred to in subsection (1) or subsection (2)
29: Meaning of pre-sentence detention
Section 91(6)
6: In subsection (5)(a) serving a sentence of imprisonment in a penal institution
a: a final recall order is made following that application; and
b: the offender was not, immediately before the application for the recall order was made, subject to detention conditions, whether those conditions were suspended or not.
30: Calculation of final release dates
Section 105(1) An offender's final release date The final release date of an offender who is subject to a pre-cd sentence
31: Variation and cancellation of final release dates
Section 106
6: The final release date of an offender who is subject to a long-term pre-cd sentence is cancelled, and section 104(1)
32: Order that offender not be released
Section 107(9) paragraph (c) 237 236
33: New
section 117A The principal Act is amended by inserting, after section 117
117A: Board may regulate own procedure
The Board may regulate its own procedure as it thinks fit, subject to this Act and any regulations made under it. Consequential amendments to other enactments
34: Consequential amendments to
Corrections Act 2004 The fifth item relating to the Parole Act 2002 in Schedule 2 Corrections Act 2004
a: omitting the expression 52(1) 52(1) and (3)
b: omitting the words 66(1) and (3) 66(1), (3), and (3A)
c: omitting the words and 94(a) 94(a), and 107P(1)
35: Consequential amendments to
Parole Regulations 2002 Form 9 and form 13 in the schedule of the Parole Regulations 2002 the members of the police, are directed to arrest the offender and to


Sentencing Amendment Act 2004

1: Title
1: This Act is the Sentencing Amendment Act 2004.
2: In this Act, the Sentencing Act 2002 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal Assent.
3: Proof of facts
Section 24(2)(c) negate beyond a reasonable doubt
4: Court may order reparation report
1: Section 33(1) should be imposed may be appropriate
2: Section 33(1)
a: inserting in paragraph (b) and the value of
b: inserting in paragraph (c)(i) nature and value
5: Conditions of sentence of reparation
Section 36 subsections (2) (3)
2: The court may not impose a condition that an amount to be paid in 1 lump sum must be paid immediately unless the court is satisfied that the offender has sufficient means to pay it immediately.
3: If the court imposes a condition on a sentence of reparation that it must be paid immediately in 1 lump sum, section 83(2) of the Summary Proceedings Act 1957 section 83(1) of that Act
6: Cumulative and concurrent sentences of imprisonment
Section 83 subsection (2)
2: Despite subsection (1)
7: Imposition of minimum period of imprisonment in relation to determinate sentence of imprisonment
Section 86 subsections (2) (3)
2: The court may impose a minimum period of imprisonment that is longer than the period otherwise applicable under section 84(1) of the Parole Act 2002
a: holding the offender accountable for the harm done to the victim and the community by the offending:
b: denouncing the conduct in which the offender was involved:
c: deterring the offender or other persons from committing the same or a similar offence:
d: protecting the community from the offender.
8: Sentence of preventive detention
Section 87(5)(b) 237 236
9: Imposition of conditions on release of offender sentenced to imprisonment for short term
1: Section 93 subsections (1) (2)
1: A court that sentences an offender to a term of imprisonment of 12 months or less may impose the standard conditions and any special conditions on the offender and, if it does so, must specify when the conditions expire.
2: If a court sentences an offender to a teen of imprisonment of more than 12 months but not more than 24 months,—
a: the standard conditions apply to the offender until the sentence expiry date, unless the court specifies otherwise; and sections 94, 95, and 96
b: the court may at the same time impose any special conditions on the offender and, if it does so, must specify when the conditions expire.
2A: The court may specify that conditions imposed under this section expire on—
a: the sentence expiry date; or
b: the date that is a specified period before the sentence expiry date; or
c: the date that is a specified period of up to 6 months after the sentence expiry date.
2B: In this section,— sentence expiry date section 4 of the Parole Act 2002 special conditions section 15(3) of the Parole Act 2002 section 15(3)(f) of that Act standard conditions section 14(1) of the Parole Act 2002
2: Section 93(7)
10: Court must consider granting offender leave to apply for home detention in certain cases
Section 97 subsection (3)
3: The court may grant the offender leave to apply to the New Zealand Parole Board under section 33 of the Parole Act 2002
a: the nature and seriousness of the offence; and
b: the circumstances and background of the offender; and
c: any relevant matters in the victim impact statement in the case.
11: Court may defer start date of sentence of imprisonment
1: Section 100(1) paragraph (b)
b: if the court has given leave for the offender to apply for home detention and it is satisfied that there are exceptional circumstances justifying deferral of the start of the sentence.
2: Section 100 subsection (3)
3A: The Bail Act 2000
3: Section 100(4) ; or paragraph (b)
c: an order under this section has already been made in respect of the sentence; or
d: the offender has already commenced serving the sentence or is detained under any other sentence or order.
12: Imposition of minimum period of imprisonment if life imprisonment imposed for murder
Section 103 subsections (1) to (6)
1: If a court sentences an offender convicted of murder to imprisonment for life it must order that the offender serve a minimum period of imprisonment under that sentence.
2: The minimum term of imprisonment ordered may not be less than 10 years, and must be the minimum term of imprisonment that the court considers necessary to satisfy all or any of the following purposes:—
a: holding the offender accountable for the harm done to the victim and the community by the offending:
b: denouncing the conduct in which the offender was involved:
c: deterring the offender or other persons from committing the same or a similar offence:
d: protecting the community from the offender.
13: Discharge without conviction
Section 106 subsection (3)
3A: If the court is considering making an order under subsection (3)(b) section 33
14: Conviction and discharge
Section 108 subsection (2)
2A: If the court is considering making an order under subsection (2)(b) section 33
15: Order to come up for sentence if called on
Section 110 subsection (3)
3A: If the court is considering making an order under subsection (3)(b) section 33
16: Application for review of non-association order
Section 121(4) section 119 section 120
17: Confiscation of motor vehicle after second offence
Section 129(1)(a)
a: inserting, after the expression 36A(1)(a) or (c), 39(1),
b: inserting, after the expression 61(1), 61(2)
c: inserting, after the words Land Transport Act 1998 or section 171 of the Crimes Act 1961
18: Sentence not invalidated by mistake in age of offender
Section 143 subsections (1) (2)
1: A sentence imposed on an offender for a particular offence is not invalid by reason only of the fact that the offender was, at the time when the offence was committed, under the age at which he or she was liable to the sentence imposed.
2: If a sentence to which subsection (1) Amendment to
Misuse of Drugs Act 1975
19: Amendment to
Misuse of Drugs Act 1975 The Misuse of Drugs Act 1975 section 32(5) Schedule 1
5: If an order for forfeiture is made under subsection (4) Sentencing Act 2002
a: section 127
b: section 128 subsection (2)
c: sections 130 to 136
d: section 137 paragraphs (c) and (d) of subsection (3) subsection (3)(a) and (b)
e: sections 138 to 142 Amendments to
Bail Act 2000 Corrections Act 2004 section 100
20: Conditions of bail
Section 31(1) Bail Act 2000 section 32 and to sections 39A and 65A
21: Failure to answer bail
Section 37 Bail Act 2000 ; or paragraph (b)
c: fails without reasonable excuse to comply with. any condition imposed under section 39A(3)
22: New heading and new
section 39A Bail Act 2000 The Bail Act 2000 section 39 Bail on deferment of sentence
39A: Bail on deferment of sentence
1: This section applies if the start date of a sentence imposed on an offender following summary conviction is deferred under section 100 of the Sentencing Act 2002
2: If this section applies, the court that defers the start date of the offender's sentence must grant the offender bail.
3: An offender who is granted bail under this section must be released on condition that the offender must,—
a: if he or she has been given leave to apply for home detention,—
i: apply, within 2 weeks of the bail being granted, for home detention in accordance with section 33(1) of the Parole Act 2002
ii: appear at any hearing by the New Zealand Parole Board of that application; and
b: surrender himself or herself to the Superintendent of the penal institution concerned at the expiry of the period of the deferral, being the period specified by the court or the period ending with the date on which the New Zealand Parole Board determines the application for home detention, whichever is sooner.
4: The provisions of sections 31 to 38, and 41 to 44
5: If any decision is made under section 34(1) subsection (4) section 41(3) to (6) and section 42
23: Failure to answer bail
Section 62 Bail Act 2000 ; or paragraph (b)
c: fails without reasonable excuse to comply with any condition imposed under section 65A(3)
24: New heading and new
section 65A Bail Act 2000 The Bail Act 2000 section 65 Bail on deferment of sentence
65A: Bail on deferment of sentence
1: This section applies if the start date of a sentence imposed on an offender following conviction on indictment is deferred under section 100 of the Sentencing Act 2002
2: If this section applies, the court that defers the start date of the offender's sentence must grant the offender bail.
3: An offender who is granted bail under this section must be released on condition that the offender must,—
a: if he or she has been given leave to apply for home detention,—
i: apply, within 2 weeks of the bail being granted, for home detention in accordance with section 33(1) of the Parole Act 2002
ii: appear at any hearing by the New Zealand Parole Board of that application; and
b: surrender himself or herself to the Superintendent of the penal institution concerned at the expiry of the period of the deferral, being the period specified by the court or the period ending with the date on which the New Zealand Parole Board determines the application for home detention, whichever is sooner.
4: The following provisions, as far as they are applicable and with all necessary modifications, apply as if the offender were a defendant who had been granted bail:—
a: in the case of an offender granted bail by a District Court, sections 31 to 38, and 41 to 44
b: in the case of an offender granted bail by the High Court or the Court of Appeal, sections 56 to 63 and sections 66 to 69
5: If any decision is made under section 34(1) subsection (4)(a) section 41(3) to (6) and section 42
6: If any decision is made under section 57(1) subsection (4)(b) sections 66 and 67
25: Consequential amendments to
Corrections Act 2004 The item relating to the Bail Act 2000 in Schedule 2 Corrections Act 2004
a: omitting from the first item the words and 33(1) 33(1), 39A(3)(b), and 65A(3)(b)
b: inserting in the second item, after the expression 33(1), 39A(3)(b),
c: inserting in the second item, after the expression 64, 65A(3)(b), Amendments to
Sentencing Regulations 2002
26: Consequential amendments to
Sentencing Regulations 2002 The Sentencing Regulations 2002 forms 4 6


1: Title
This Act is the Mercenary Activities (Prohibition) Act 2004.
1: Preliminary provisions
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 22 October 2004 Mercenary Activities (Prohibition) Act Commencement Order 2004 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Purpose
The purpose of this Act is to implement in New Zealand law New Zealand’s obligations under the Mercenaries Convention.
4: Interpretation
1: In this Act, unless the context otherwise requires,— concerted act of violence
a: overthrow a government or otherwise undermine the constitutional order of a State; or
b: undermine the territorial integrity of a State Mercenaries Convention Schedule mercenary section 5(1)
2: For the purposes of this Act, a person must be treated as being ordinarily resident
a: the person’s home is in the State; or
b: the person is residing in the State with the intention of residing there indefinitely; or
c: having resided in the State with the intention of establishing his or her home in the State indefinitely, the person is outside the State but has an intention to return to establish his or her home in the State or to reside in the State indefinitely.
5: Mercenary defined
1: In this Act, unless the context otherwise requires, mercenary
a: any person—
i: who is recruited, within New Zealand or elsewhere, in order to take part in hostilities in an armed conflict; and
ii: whose purpose, or one of whose purposes, in taking part in hostilities in the armed conflict is making private gain; and
iii: who is promised or paid by, or on behalf of, a party to the armed conflict material compensation substantially in excess of that promised or paid to combatants of similar rank and functions in the armed forces of that party; or
b: any person, other than a person referred to in paragraph (a),—
i: who is recruited, within New Zealand or elsewhere, in order to take part in a concerted act of violence; and
ii: whose purpose, or one of whose purposes, in taking part in the concerted act of violence is making significant private gain; and
iii: who is promised or paid material compensation.
2: A person is not a mercenary—
a: within the meaning of subsection (1)(a) if he or she is—
i: a citizen of a party to the armed conflict or ordinarily resident in territory controlled by a party to the armed conflict; or
ii: a member of the armed forces of a party to the armed conflict; or
iii: sent by a State that is not a party to the armed conflict on official duty as a member of its armed forces:
b: within the meaning of subsection (1)(b) if he or she is—
i: a citizen of, or ordinarily resident in, the State against which the concerted act of violence is directed; or
ii: sent by a State on official duty; or
iii: a member of the armed forces of the State on whose territory the concerted act of violence is undertaken.
3: A person is not a mercenary within the meaning of subsection (1)(a) or subsection (1)(b) if he or she is taking part in—
a: a peace support mission—
i: for any of the purposes of the United Nations; or
ii: that is undertaken in accordance with the principles of the Charter of the United Nations; or
b: the detection, clearance, deactivation, or destruction of mines or unexploded ordnance, other than in a combat role; or
c: the delivery of humanitarian aid; or
d: domestic policing duties or other lawful activities of a similar kind involving the protection of individuals or property.
4: Subsections (2) and (3) do not limit the circumstances in which a person is not a mercenary.
6: Act binds the Crown
This Act binds the Crown.
2: Mercenary activities
Recruiting, using, financing, and training of mercenary
7: Recruiting person to be mercenary
1: Every person commits an offence, and is liable on conviction
a: with the intention that the person being recruited make private gain from taking part in hostilities in the armed conflict; and
b: knowing that the person being recruited has been or is being promised by, or on behalf of, a party to the armed conflict, material compensation substantially in excess of that promised or paid to combatants of similar rank and functions in the armed forces of that party.
2: Subsection (1) does not apply if the person being recruited—
a: is a citizen of a party to the armed conflict or ordinarily resident in territory controlled by a party to the armed conflict; or
b: is, or once recruited will be, a member of the armed forces of a party to the armed conflict; or
c: will be sent by a State that is not a party to the armed conflict on official duty as a member of its armed forces.
3: Every person commits an offence, and is liable on conviction
a: with the intention that the person being recruited make significant private gain from taking part in the concerted act of violence; and
b: knowing that the person being recruited has been or is being promised material compensation to take part in the concerted act of violence.
4: Subsection (3) does not apply if the person being recruited—
a: is a citizen of, or ordinarily resident in, the State against which the concerted act of violence is or will be directed; or
b: will be sent by a State on the official duty of that State; or
c: is, or once recruited will be, a member of the armed forces of the State on whose territory the concerted act of violence is undertaken. Section 7(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 7(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
8: Using mercenary
Every person commits an offence, and is liable on conviction
a: knowing that a person is a mercenary of the kind described in section 5(1)(a)
b: knowing that a person is a mercenary of the kind described in section 5(1)(b) Section 8 amended 1 July 2013 section 413 Criminal Procedure Act 2011
9: Financing mercenary
1: Every person commits an offence, and is liable on conviction
a: to enable a person who is a mercenary of the kind described in section 5(1)(a)
b: to enable a person who is a mercenary of the kind described in section 5(1)(b)
2: In subsection (1), funds
a: means assets of every kind, whether tangible or intangible, moveable or immoveable, however acquired; and
b: includes legal documents or instruments (for example, bank credits, travellers’ cheques, bank cheques, money orders, shares, securities, bonds, drafts, and letters of credit) in any form (for example, in electronic or digital form) evidencing title to, or an interest in, assets of any kind.
3: In a prosecution for financing a mercenary, it is not necessary for the prosecutor to prove that the funds provided were actually used, in full or in part, to enable a mercenary to take part in hostilities in an armed conflict or take part in a concerted act of violence. Section 9(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
10: Training prospective mercenary
1: Every person commits an offence, and is liable on conviction
a: with the intention that the person being trained be recruited as a mercenary of the kind described in section 5(1)(a)
b: knowing that the person being trained is likely to be recruited as a mercenary of the kind described in section 5(1)(a)
2: Every person commits an offence, and is liable on conviction
a: with the intention that the person being trained be recruited as a mercenary of the kind described in section 5(1)(b)
b: knowing that the person being trained is likely to be recruited as a mercenary of the kind described in section 5(1)(b) Section 10(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 10(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
11: Training mercenary
Every person commits an offence, and is liable on conviction
a: knowing that a person is a mercenary of the kind described in section 5(1)(a)
b: knowing that a person is a mercenary of the kind described in section 5(1)(b) Section 11 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Mercenary taking part in hostilities or concerted act of violence
12: Mercenary taking part in hostilities or concerted act of violence
1: Every person commits an offence, and is liable on conviction section 5(1)(a)
2: Every person commits an offence, and is liable on conviction section 5(1)(b) Section 12(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 12(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Extraterritorial jurisdiction
13: Extraterritorial jurisdiction
1: Even if the acts or omissions alleged to constitute an offence occurred wholly outside New Zealand, proceedings may be brought for an offence under any of sections 7 to 12
a: if the person to be charged—
i: is a New Zealand citizen; or
ii: is ordinarily resident in New Zealand; or
iii: has been found in New Zealand and has not been extradited; or
iv: is a body corporate, or a corporation sole, incorporated under the law of New Zealand; or
b: if any of the acts or omissions is alleged to have occurred on board—
i: a ship registered, or required to be registered, under the Ship Registration Act 1992
ii: a ship used as a ship of the New Zealand Defence Force; or
iii: an aircraft registered, or required to be registered, in New Zealand under the Civil Aviation Act 2023
iv: an aircraft for the time being used as an aircraft of the New Zealand Defence Force; or
v: an aircraft that is leased to a lessee whose principal place of business is in New Zealand, or who is a New Zealand citizen or a person ordinarily resident in New Zealand; or
c: if a person in respect of whom the offence is alleged to have been committed—
i: is a New Zealand citizen; or
ii: is ordinarily resident in New Zealand.
2: The following sections do not apply in respect of an offence under any of sections 7 to 12
a: section 8
b: section 400
3: Nothing in this section limits the application of any of sections 7 to 12
a: acts or omissions that occurred wholly in New Zealand; or
b: the application of section 7
i: an act or omission forming part of an offence; or
ii: an event necessary to the completion of an offence; or
c: the application of section 8A Section 13(1)(b)(iii) amended 5 April 2025 section 486 Civil Aviation Act 2023
3: Miscellaneous provisions
Evidence that States are, or are not, Parties to Mercenaries Convention
14: Certificate as to States Parties under Mercenaries Convention
A certificate that appears to be signed by, or on behalf of, the Secretary of Foreign Affairs and Trade and that states that a State is, or is not, a State Party to the Mercenaries Convention is sufficient evidence of that matter, unless the contrary is proved. Investigation and prosecution of offences against Act or referred to in Mercenaries Convention
15: Application of sections 16 and 17
1: Sections 16 17 article 2 article 3 article 4
2: In sections 16 17 relevant States Parties
a: State Party where the offence was committed; and
b: State Party in relation to which the offence was directed or attempted; and
c: State Party in relation to which any person against whom the offence was directed or attempted is a person of the kind referred to in article 10(2)(c)
d: State Party—
i: in relation to which the alleged offender is a citizen; or
ii: in whose territory the alleged offender habitually resides, if the alleged offender is not a citizen of any State; and
e: other interested States Parties the Attorney-General considers it appropriate to notify.
16: Attorney-General to notify relevant States Parties of measures taken to ensure person’s presence
The Attorney-General must immediately notify the relevant States Parties, either directly or through the Secretary-General of the United Nations, if, as a result of receiving the information,—
a: a person is taken into custody in accordance with New Zealand law; or
b: other measures are taken under New Zealand law to ensure a person’s presence for the purposes of the institution of criminal or extradition proceedings (being the measures contemplated by article 10(1)
17: Attorney-General to indicate to relevant States Parties whether New Zealand to exercise jurisdiction
When a preliminary inquiry has been undertaken under New Zealand law of the facts contained in the information (being a preliminary inquiry contemplated by article 10(1)
a: report the findings of the inquiry to the relevant States Parties; and
b: indicate to the relevant States Parties whether New Zealand intends to exercise jurisdiction.
18: Rights of certain persons taken into custody to communicate with representative of State
1: This section applies to a person who is taken into custody in New Zealand as part of the measures referred to in section 16
a: a New Zealand citizen; nor
b: a person who is ordinarily resident in New Zealand but who is not a citizen of any State.
2: Promptly after being taken into custody, a person must be informed that he or she is entitled, and must be permitted,—
a: to communicate without delay with the nearest appropriate representative of the relevant State; and
b: to be visited by a representative of the relevant State.
3: In subsection (2), relevant State
a: the State in relation to which the person is a citizen; or
b: the State that is otherwise entitled to protect the person’s rights; or
c: if the person is not a citizen of any State, the State in whose territory the person ordinarily resides.
4: Nothing in this section affects any other rights of a person to whom this section applies.
19: Attorney-General’s consent to prosecutions required
1: No proceedings for an offence against this Act may be instituted in any court except with the consent of the Attorney-General.
2: However, a person alleged to have committed an offence against this Act may be arrested, or a warrant for the person’s arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the Attorney-General’s consent under subsection (1) has not been obtained.
20: Attorney-General to communicate outcome of prosecution
If a person is prosecuted for an offence under this Act, the Attorney-General must communicate the final outcome of the proceedings promptly to the Secretary-General of the United Nations, so that he or she may transmit the information to other States Parties to the Mercenaries Convention. Extradition
21: Offences deemed to be included in extradition treaties
1: For the purposes of the Extradition Act 1999 section 15 section 104 sections 7 to 12
2: If, under subsection (1), an offence is deemed to be an offence described in an extradition treaty, no person may be surrendered for the offence in accordance with the Extradition Act 1999
3: In this section, relevant date Amendment to Extradition Act 1999
22: Amendment to Extradition Act 1999
Amendment(s) incorporated in the Act(s) Amendment to Mutual Assistance in Criminal Matters Act 1992
23: Schedule of Mutual Assistance in Criminal Matters Act 1992 amended to refer to Mercenaries Convention
Amendment(s) incorporated in the Act(s)