Parole Amendment Act 2007

1: Title
This Act is the Parole Amendment Act 2007.
2: Commencement
This Act comes into force on a day to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates. Section 2 brought into force 1 October 2007 Parole Amendment Act 2007 Commencement Order 2007
3: Principal Act amended
This Act amends the Parole Act 2002 OIC SR 2007/256 2007-10-01 Parole Act 2002 OIC ss 4(1), (3) and (7), 16, 48, 49 and 67
4: Interpretation
1:
2: Section 4(1) residential restrictions section 33 standard extended supervision conditions section 107JA
3:
4: Section 4(1) detention conditions home detention standard detention conditions
5: The definition of special conditions section 4(1) , and includes residential restrictions
6: The definition of variation section 4(1) or detention conditions
7: Section 4(1) repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 Section 4(3) repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 Section 4(7) repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
5: Overview of release
1: Section 6 subsection (3)
3: This subpart provides for 2 types of early release from a prison—
a: parole:
b: compassionate release.
2: Section 6(5)
6: Guiding principles
1: Section 7(2)(a) or detention conditions
2: Section 7(2)(b) , subject to any of sections 13 to 13AE must
7: Part applies to all offenders
1: Section 8(1)(c) or for home detention
2: Section 8(1)(d) or home detention,
8: General rules about information to be given to offenders
Section 13 subsection (5)
5A: Subsection (1) section 13AB
9: New sections 13AA to 13AE inserted
The following sections are inserted after section 13
13AA: Application for confidentiality order
1: The Commissioner of Police or the chief executive may apply to the chairperson or to a panel convenor for an order under section 13AB sections 13AB to 13AE confidentiality order
2: Despite any other enactment, the power conferred by subsection (1)
3: Every application under subsection (1)
13AB: Making of confidentiality order
1: The chairperson or a panel convenor may make a confidentiality order if satisfied—
a: that the information for which confidentiality is sought is relevant to a current matter concerning an offender; and
b: that disclosure of the information may—
i: endanger the safety of the person who is the source of the information or of any other person; or
ii: prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial.
2: The order must identify the information that is to be kept confidential, and may do so by reference to 1 or more documents.
3: The order may—
a: forbid the disclosure or publication of the information to any person other than—
i: the members of the Board involved in considering and determining the current matter; and
ii: any officials specified in the order by name or position, being officials who require access to the information to perform their functions in relation to the Board's determination of the current matter or the implementation of that determination:
b: forbid the disclosure or publication (other than to the persons mentioned in paragraph (a)
c: require the members of the Board involved in considering and determining the current matter to receive the information in the absence of any person other than—
i: any officials who are permitted access to the information under paragraph (a)(ii)
ii: if the members receive the oral evidence of the person who is the source of the information, that person.
4: To avoid doubt, anything that may not be disclosed or published under a confidentiality order may not be disclosed—
a: to the offender; or
b: to the offender's counsel or other representative of the offender.
5: The chairperson or the panel convenor who makes the confidentiality order must give the order and the information to which it relates to the members of the Board who will determine the current matter.
6: In this section and in section 13AC current matter
13AC: Effect of confidentiality order
1: A person commits an offence, and is liable on summary conviction to a fine not exceeding $10,000, or to imprisonment for a term not exceeding 3 months, or to both, who intentionally contravenes a confidentiality order.
2: Despite any other enactment, the Board may hear a person whose identity may not be disclosed under a confidentiality order only if it is satisfied that procedures are in place to ensure that the hearing will not result in the disclosure of the person's identity to any person who is not, in terms of the order, permitted to have access to that information.
3: In any court proceeding that relates to the confidentiality order or to the related current matter, a person whose identity may not be disclosed under a confidentiality order has a privilege in information that discloses, or may lead to the disclosure of, the person's identity.
4: This section has effect despite anything in section 13 or 65 Official Information Act 1982 Privacy Act 1993
13AD: If confidentiality order not made
1: If the chairperson or a panel convenor refuses to make a confidentiality order, he or she—
a: must return to the applicant all documents constituting or relating to the application for the order; and
b: must not disclose to any person, or give any person access to, any matter relating to the application.
2: This section has effect despite anything in section 13 or 65 Official Information Act 1982 Privacy Act 1993
13AE: Variation or rescission of confidentiality order
The chairperson or a panel convenor may, on the application of the person who applied for a confidentiality order or on the application of that person's successor in office, vary or rescind the order if satisfied that, because of a change in circumstances, the variation is necessary or, as the case requires, the order is no longer necessary.
10: Standard release conditions
1: Section 14(2)
2: Section 14(3) , sentences of home detention (including post-detention conditions), community based sentences,
11: Special conditions
1: Section 15(1) , or if the standard detention conditions apply to the offender
2: Section 15(3) paragraph (a)
ab: residential restrictions:
12: Electronic monitoring
1: Section 15A(1) (whether imposed as a special condition under section 15 section 36 imposed under section 15(3)(f)
2: Section 15A(2)(a) , detention conditions,
3: Section 15A(2)
d: to verify that the offender has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.
4: Section 15A(4) paragraph (c)
c: the percentage of offenders who, while subject to an electronic monitoring condition attaching to an extended supervision order, were—
i: convicted for a breach of the condition; or
ii: convicted of any other offence.
13: Release at statutory release date
Section 17(2) or who is on home detention
14: Conditions applying to release at statutory release date
Section 18 subsection (2A)
2AA: Despite subsection (2)(a)
15: New section 23 substituted
Section 23
23: No consideration for parole of offenders on compassionate release
An offender who is released on compassionate release may not be considered for parole by the Board.
16: Early referral and consideration for parole
Section 16 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
17: Direction for release on parole
Section 28 subsection (1)
1AA: In deciding whether or not to release an offender on parole, the Board must bear in mind that the offender has no entitlement to be released on parole and, in particular, that neither the offender's eligibility for release on parole nor anything else in this Act or any other enactment confers such an entitlement.
18: New section 29 substituted
Section 29
29: Release conditions applying to parole
1: In releasing an offender on parole, the Board—
a: must impose the standard release conditions on the offender; and
b: may impose any special conditions on that offender that the Board specifies.
2: Despite subsection (1)(a)
3: The standard release conditions imposed on an offender are in force—
a: in the case of an offender who is subject to 1 or more determinate sentences, for the period that the Board specifies; and
b: in the case of an offender who is subject to an indeterminate sentence, for the rest of the offender's life.
4: The period that the Board specifies under subsection (3)(a)
5: If the Board imposes special conditions on an offender, the special conditions are in force for the period that the Board specifies for the conditions.
6: Special conditions imposed on an offender who is subject to 1 or more determinate sentences may not be in force for a longer period than the offender's standard release conditions.
19: New sections 29A and 29B inserted
The following sections are inserted after section 29
29A: Release conditions for person to whom extended supervision order applies
The Board, when directing the release on parole of an offender in respect of whom an extended supervision order is made must—
a: take into account, when setting any special conditions, the nature of the conditions to which the offender will be subject under the extended supervision order, when those conditions are reactivated under section 107P(2)
b: direct that the release conditions imposed last until the offender's statutory release date.
29B: Board may monitor compliance with conditions
1: If the Board is satisfied that, because of the special circumstances of an offender (other than an offender subject to an extended supervision order), it is desirable for the Board to do so, the Board may determine to monitor, during the specified period, the offender's compliance with the release conditions imposed on the offender.
2: In monitoring the conditions, the Board may on each occasion do either or both of the following:
a: ask the Department of Corrections for a progress report on the offender's compliance with the conditions:
b: require the offender to attend a hearing notified to the offender in writing.
3: Each power specified in subsection (2)
4: A hearing that an offender is required to attend under subsection (2)(b)
a: is a special condition imposed on the offender; and
b: is conducted in accordance with any directions given by the Board, including, without limitation, that the offender attend otherwise than in person (for instance, by telephone or video link); and
c: is not subject to sections 43 to 50B
d: is subject to section 13
5: At a hearing that an offender is required to attend under subsection (2)(b)
a: vary any special conditions previously imposed on the offender:
b: impose new special conditions on the offender:
c: if the offender is on parole or compassionate release, and if the Board is satisfied of the matters stated in section 62
6: Sections 57 and 58 subsection (5)(a) or (b)
7: In this section, specified period
a: 12 months from the date of release, if the offender is released on parole or compassionate release:
b: 6 months from the date of release, if the offender is released at the statutory release date.
20: New heading and sections 33 to 35 substituted
1: The heading above section 33 Residential restrictions
2: Sections 33 to 37
33: Residential restrictions
1: The Board may impose on an offender the special conditions referred to in section 15(3)(ab) residential restrictions
2: An offender on whom residential restrictions are imposed is required—
a: to stay at a specified residence:
b: to be under the supervision of a probation officer and to co-operate with, and comply with any lawful direction given by, that probation officer:
c: to be at the residence—
i: at times specified by the Board; or
ii: at all times:
d: to submit, in accordance with the directions of a probation officer, to the electronic monitoring of compliance with his or her residential restrictions:
e: to keep in his or her possession the licence issued under section 53(3)
3: Any conditions imposed under subsection (2)(c)(ii)
a: the period for which the standard release conditions apply:
b: 12 months:
c: if those conditions have previously been imposed on the offender in respect of the same release from detention, 12 months less the time for which those conditions have previously been imposed.
4: An offender may, despite any conditions imposed under subsection (2)(c)
a: to seek urgent medical or dental treatment; or
b: to avoid or minimise a serious risk of death or injury to the offender or any other person; or
c: for humanitarian reasons approved by a probation officer.
5: In any case where the conditions are of the kind specified in subsection (2)(c)(ii)
a: to comply with any special conditions; or
b: to seek or engage in employment; or
c: to attend training or other rehabilitative or reintegrative activities or programmes; or
d: to attend a restorative justice conference or other process relating to the offender's offending; or
e: to carry out any undertaking arising from any restorative justice process; or
f: for any other purpose specifically approved by the probation officer.
34: Prior report on suitability of residential restrictions
1: Before the Board imposes residential restrictions on an offender, the Board must request and consider a report from a probation officer on the matters specified in subsection (2)
2: The matters are as follows:
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 residential restrictions will prevent further offending on the part of the offender:
c: the likelihood that the offender's rehabilitation and reintegration will be assisted by residential restrictions:
d: the suitability of the proposed residence, including the safety and welfare of the occupants of the residence where the offender is to reside.
3: Before completing the report requested under subsection (1)
a: ensure that every relevant occupant of the residence where it is proposed that the offender reside is aware of the nature of the offender's past and current offending; and
b: tell every relevant occupant that the reason for giving that information is to enable the occupant to make an informed decision about whether to consent to having the offender reside at the residence; and
c: tell every relevant occupant that the information provided about the offender must not be used for any purpose other than that described in paragraph (b)
d: obtain the consent of every relevant occupant to having the offender reside at the residence; and
e: inform every relevant occupant of their right to withdraw their consent, at any time, to having the offender reside at the residence.
4: In subsection (3) relevant occupant
a: in the case of a family residence, every person of or over the age of 16 who ordinarily lives there; and
b: in the case of any other residence, every person whom the probation officer identifies as being a relevant occupant for the purpose of subsection (3)
35: Residential restrictions only to be imposed if residence suitable and occupants consent
The Board may impose residential restrictions only if satisfied on reasonable grounds that—
a: the residence in which it is proposed that the offender reside is suitable; and
b: the relevant occupants (as defined in section 34(4)
i: understand the residential restrictions that will apply to the offender; and
ii: consent to the offender residing in the residence in accordance with those conditions; and
iii: have been informed of their right to withdraw their consent, at any time, to having the offender reside in the residence; and
c: the offender has been made aware of and understands the residential restrictions, and he or she agrees to comply with them.
21: New section 38 substituted
Sections 38 to 40A
38: Residential restrictions do not affect entitlements under
Social Security Act 1964 The fact that a person is subject to residential restrictions does not, of itself, affect any entitlement the person may have under the Social Security Act 1964
22: Application of procedures set out in sections 43 to 50
Section 42 paragraph (b) ; or paragraph (c)
23: Start of process
1: Section 43(1) or home detention paragraph (d)
2: Section 43(2)(d)
24: Information for victims
Section 44(d)
25: Decision on type of hearing
Section 45 subsection (7)
7: Notification under subsection (5) or (6)
a: if the hearing is to be an unattended one,—
i: a summary of the reasons for deciding that the hearing will be unattended; and
ii: advice to the offender on the offender's right to an interview under section 47
iii: advice to the offender on the offender's right to seek a review under section 46
b: if the hearing is to be an attended one, notice of the date of the hearing and relevant information about the rights of people attending.
26: Review of decision on type of hearing
1: Section 46 subsections (1) (2)
1: An offender who has been notified, under section 45(5)
2: A panel convenor other than the one allocated to conduct the particular hearing must review the decision as soon as practicable.
2: Section 46(3) Board panel convenor
3: Section 46(5) person offender
27: New section 47 substituted
Section 47
47: Interviews of offender before hearings
1: If a hearing is to be an unattended hearing, the offender must be given an opportunity to have an interview before the hearing with 1 member of the panel allocated to conduct the hearing.
2: The member conducting the interview may conduct the interview at whatever place and in whatever manner he or she considers appropriate (subject to subsection (3)
3: The offender may have a support person with him or her, and the support person may, with the consent of the offender and the permission of the member conducting the interview, speak in support of the offender.
28: Decisions must be notified
1: Section 50(1)(a) or to commence home detention
2: Section 50 or detention
29: Decisions to be notified to certain victims
Section 50B(2) or detention
30: Date of release
Section 51(3) , or to start home detention,
31: Release of offenders released at statutory release date
Section 52(1) or from home detention
32: Licence issued on release
1: Section 53(1) or from home detention
2: Section 53(1)(a) (if any)
3: Section 53 subsection (3)
3: An offender subject to residential restrictions must, before the restrictions come into force, be issued with a licence that sets out—
a: the residential restrictions; and
b: the date or dates on which they, or any of them, come into force and cease to be in force; and
c: the obligations to comply with the directions given by a probation officer; and
d: the consequences of non-compliance with the conditions; and
e: the statutory provisions under which the conditions may be varied or discharged.
4: Section 53(4) or detention conditions
33: New section 54 substituted
Section 54
54: Police must be advised
1: Before an offender is released from detention in a prison, the chief executive must advise the police of—-
a: the date on which the offender is to be released; and
b: the offender's release conditions; and
c: the offender's statutory release date.
2: Before an offender becomes subject to residential restrictions, the chief executive must advise the police of the date on which the restrictions commence and the date on which they cease to apply.
34: Application for variation or discharge of conditions
1: Section 56(1) or detention conditions
2: Section 56(2) or detention condition
35: Application of section 56 during epidemic
Section 56A or detention condition
36: Procedure for determining applications
Section 57(2) , or withheld from, to be given to
37: Board determines application for variation or discharge
1: Section 58(1) or detention condition
2: Section 58(2)(b) or detention
38: Making recall application
1: Section 60(2)(c) , home detention,
2: Section 60 subsection (2)
2A: The Commissioner of Police may make a recall application in respect of any offender described in subsection (1) or (2) section 61(a)
3: Section 60 subsection (4)
4: When a recall application is made, the sentence to which the application relates ceases to run, except for the period (if any) between the lodgement of the application and the date of its determination during which the offender is under legal custody in accordance with the Corrections Act 2004
39: Grounds for recall
1: Section 61(b) or detention conditions
2: Section 61(c) , whether or not this has resulted in a conviction imprisonment
3: Section 61 paragraph (d)
d: in the case of an offender who is subject to residential restrictions,—
i: the offender is jeopardising the safety of any person at his or her residence; or
ii: a suitable residence in an area in which a residential restriction scheme is operated by the chief executive is no longer available; or
iii: the offender no longer wishes to be subject to residential restrictions; or
40: Making interim recall order
Section 62(1) paragraph (c)
c: in the case of an offender who is subject to residential restrictions,—
i: a suitable residence in an area in which a residential restriction scheme is operated by the chief executive is no longer available; or
ii: the offender no longer wishes to be subject to residential restrictions.
41: Procedure for determining recall applications
Section 65(3) , or withheld from, to be given to
42: Board may make final recall order
Section 66(4)(b) or detention conditions
43: Review of decisions
Section 67(2) paragraph (a)
aa: a decision under section 13AB
aab: a decision under section 13AE
44: Powers of court on appeal
Section 70(2)(b)(ii) or standard detention
45: Offence to breach conditions
1: Section 71(1) release conditions or detention conditions standard release conditions or any special conditions
2: Section 71(2) , home detention,
46: New section 72 substituted
Section 72
72: Offence to refuse entry to residence specified under residential restrictions
1: This section applies to a residence (the residence
2: Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow a probation officer who has identified himself or herself to enter into the residence if the offender is required to be in the residence at the time that the probation officer seeks entry.
3: Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow an authorised person to enter into the residence for the purpose of servicing or inspecting any equipment used in the electronic monitoring of the offender's compliance with the residential restrictions (whether or not the offender is required to be in the residence at that time).
4: For the purposes of subsection (3)
a: is a probation officer and has identified himself or herself; or
b: accompanies a person described in paragraph (a)
c: is authorised in writing by a probation officer and has produced that written authority to an occupant of the residence.
47: Arrest without warrant
Section 73(2) or detention conditions
48: Non-parole periods
Section 48 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
49: New section 86 substituted
Section 49 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
50: Meaning of pre-sentence detention
1: Section 91(5) paragraph (a)
a: under legal custody in accordance with the Corrections Act 2004
2: Section 91 subsection (6)
6: In subsection (5)(a)
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 conditions related to the offender's home detention under a direction of the Board given before the commencement of section 72 of the Parole Amendment Act 2007
51: Time ceases to run in certain circumstances
1: Section 94(b) leave release
2: Section 94(b) ; and
3: Section 94(c)
52: Application of this Part to offenders subject to pre-cd sentences
Section 97(1)(b) (as in force before the commencement of section 72 of the Parole Amendment Act 2007 section 35
53: Variation and cancellation of final release dates
Section 106(6) (directed by the Board before the commencement of section 72 of the Parole Amendment Act 2007 home detention
54: Overview of Part
Section 107A(c) standard release conditions standard extended supervision conditions
55: Meaning of relevant offence
1: Section 107B(2) paragraph (o)
oa: section 135
2: Section 107B(2)(v)
56: Meaning of eligible offender
Section 107C
3: In this section, detention conditions has the same meaning as it had in section 4 section 72 of the Parole Amendment Act 2007
57: Chief executive may apply for extended supervision order
Section 107F
3: To avoid doubt, in addressing the matters listed in subsection (2)
58: Procedure following application for extended supervision order
Section 107G(5)(b) unless the parties otherwise consent 8 days
59: Hearings relating to extended supervision orders
Section 107H subsection (6)
6A: For the purposes of this section, a court may direct that the offender concerned be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be drawn up and a copy given to the offender.
60: New section 107IA inserted
The following section is inserted after section 1071:
107IA: Court may impose special conditions on interim basis
1: When a sentencing court makes an extended supervision order in respect of an offender, the court may, on the application of the chief executive, make an order imposing on the offender any special conditions that the Board may impose under section 107K
2: The court may make an order under subsection (1)
3: An order under subsection (1)
a: suspend any or all of the standard extended supervision conditions that would otherwise apply to the offender:
b: cancel or vary any special conditions that currently apply to the offender.
4: An order under subsection (1)
a: takes effect when the extended supervision order to which it relates comes into force; and
b: expires when the special conditions imposed by the order end as provided by section 107L(2A)
5: The court may, on the application of the chief executive, or on the application of the offender, cancel or vary a subsisting order under subsection (1)
6: Any variation under subsection (5) subsection (1)
7: Section 107K subsection (1)
61: New sections 107J and 107JA substituted
Section 107J
107J: Conditions of extended supervision order
1: The conditions of an extended supervision order are—
a: the standard extended supervision conditions set out in section 107JA
b: any special conditions imposed by the Board under section 107K
2: The standard extended supervision conditions—
a: apply throughout the term of the order (except as provided in section 107K(3) and section 107O)
b: must be treated for the purpose of sections 56 to 58
107JA: Standard extended supervision conditions
1: The standard extended supervision conditions are—
a: the offender must report in person to a probation officer in the probation area in which the offender resides as soon as practicable, and not later than 72 hours, after commencement of the extended supervision order:
b: the offender must report to a probation officer as and when required to do so by a probation officer, and must notify the probation officer of his or her residential address and the nature and place of his or her employment when asked to do so:
c: the offender must obtain the prior written consent of a probation officer before moving to a new residential address:
d: if consent is given under paragraph (c)
e: the offender must not reside at any address at which a probation officer has directed the offender not to reside:
f: the offender must obtain the prior written consent of a probation officer before changing his or her employment:
g: the offender must not engage, or continue to engage, in any employment or occupation in which the probation officer has directed the offender not to engage or continue to engage:
h: the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer:
i: the offender must not associate with, or contact, a person under the age of 16 years, except in the presence and under the supervision of an adult who—
i: has been informed about the relevant offending:
ii: has been approved in writing by a probation officer as suitable to undertake the role of supervision:
j: the offender must not associate with, or contact, a victim of the offender without the prior written approval of a probation officer:
k: the offender must not associate with, or contact, any person or class of person specified in a written direction given to the offender for the purposes of this paragraph.
2: In this section, contact
62: Board may impose special conditions
Section 107K subsections (1) to (3)
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 any special condition that the Board is entitled to impose under section 15
2: Any residential restrictions imposed on the offender 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.
3: When the Board imposes special conditions under this section,—
a: the Board must specify the duration of those conditions which may (subject to paragraph (b)
b: any residential restrictions may apply only within the first 12 months of the term of the order; and
c: if the Board considers that any special conditions imposed on the offender are incompatible with all or any of the standard extended supervision conditions, the Board may (despite section 107J(1)(a)
63: Commencement and expiry of extended supervision order
1: Section 107L(1)(a) under a sentence of imprisonment detained
2: Section 107L subsection (2)
2: Any standard release conditions to which the offender is subject when the extended supervision order comes into force are discharged.
2A: Any special conditions (including any special conditions imposed under section 107IA) to which the offender is subject when an extended supervision order comes into force continue in force—
a: until the date that is 3 months after the date on which the extended supervision order comes into force; or
b: if an application is made to the Board seeking the imposition of special conditions under section 107K
i: imposes 1 or more of those conditions; or
ii: imposes any other special condition that the Board is entitled to impose under section 15
iii: declines to impose any special conditions.
64: Suspension of conditions of extended supervision order
1: Section 107P subsection (1)
1: The conditions of an offender's extended supervision order are suspended, and time ceases to run on the order during—
a: any period that the offender is under legal custody in accordance with the Corrections Act 2004
b: any subsequent period following the offender's release (if applicable) until the offender's statutory release date.
2: Section 107P(2)(a) and in place of any other release conditions that would otherwise apply statutory release date
65: Effect of new sentence on offender subject to extended supervision order
Section 107Q(1) or a sentence of home detention community-based sentence
66: Functions of Board
1: Section 109(1)(b)
2: Section 109(1)(d)(iii)
3: Section 109(1)(e)(i) and detention conditions
4: Section 109(1)(e)(ii) , home detention,
5: Section 109(1) paragraph (d)
da: to monitor the compliance by offenders with their release conditions in accordance with section 29B
67: New sections 109A and 109B inserted
Section 67 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
68: Panel conveners
1: Section 114(3)(a) release conditions, parole, or home detention release conditions or parole
2: Section 114(3)(d) under section 67 under sections 46(2) and 67
69: Decisions of Board
Section 116(3) or detention
70: Information before Board
Section 117
3: This section is subject to sections 13AA to 13AE
71: New heading and sections 118A to 118D inserted
The following heading and sections are inserted after section 118 Summoning witnesses
118A: Power to summon witnesses
1: The chairperson or a panel convenor may, for the purposes of any matter before the Board, issue a summons requiring any person to—
a: attend and give evidence; and
b: produce any books, papers, documents, records, or things in the person's possession or control that are relevant to the subject of the matter before the Board.
2: The chairperson or panel convenor may not exercise the power conferred by subsection (1)
3: A witness is not required to attend and give evidence or produce any things in accordance with a summons issued under subsection (1) Summary Proceedings Act 1957
4: The summons must be in writing and state the place and time at which the witness is required to attend. 1908 No 25 s 4D
118B: Service of summons
1: A summons to a witness may be served by—
a: delivering it to the witness; or
b: leaving it at the witness's usual place of residence; or
c: posting it by registered post addressed to the witness at the witness's usual place of residence.
2: The summons must be served at least 10 days before the day on which the witness is required to attend.
3: A summons served under subsection (1)(c) 1908 No 25 s 5
118C: Protection of witnesses
Every witness giving evidence before the Board has the same privileges and immunities as a witness in a court of law. 1908 No 25 s 6
118D: Offences
1: Every person commits an offence who, after being summoned to attend to give evidence before the Board or to produce to it any books, papers, documents, records, or things, without sufficient cause,—
a: fails to attend in accordance with the summons; or
b: refuses to be sworn or to give evidence, or having been sworn refuses to answer any question that the person is lawfully required by any member of the Board to answer concerning the subject of the matter before the Board; or
c: fails to produce any such book, paper, document, record, or thing.
2: Every person who commits an offence against this section is liable on summary conviction to a fine not exceeding $10,000. 1908 No 25 s 9
72: Transitional provisions relating to home detention
1: In this section,— home detention section 4 specified application
a: before the commencement of this section and that has not been determined as at that commencement; or
b: on or after that commencement from an offender who has leave to apply under section 97 Sentencing Act 2002 specified offender
a: on or after the commencement of this section, under a direction of the Board given before that commencement; or
b: after that commencement, under a direction of the Board that is authorised by subsection (2)
2: The principal Act, as in force immediately before the commencement of this section, applies to any specified application and accordingly governs—
a: the consideration of the application; and
b: the exercise of any powers in respect of the application and the offender to whom it relates.
3: The principal Act, as in force immediately before the commencement of this section, applies to the home detention of a specified offender and accordingly governs—
a: the offender's rights, liabilities (including, without limitation, the offender's liability to recall), and obligations in respect of that home detention; and
b: the exercise of any powers in respect of that home detention (including, without limitation, powers to impose, vary, or discharge conditions, and to release the offender on parole).
4: To avoid doubt, nothing in this section prevents the application, in respect of a specified application or a specified offender, of sections 7(2)(b) 61(c) 67(2)
73: Transitional provisions relating to hearings
Sections 44 47 49 section 43(2)
74: Transitional provision relating to extended supervision order
1: The standard extended supervision conditions set out in section 107JA do not apply to a person who is subject to an extended supervision order made before the commencement of this section.
2: In relation to an extended supervision order made before the commencement of this section and to the person in respect of whom it is made, each reference to standard extended supervision conditions in sections 107J 107K


1: Title
This Act is the Prisoners' and Victims' Claims Amendment Act 2007.
2: Commencement
This Act is deemed to have come into force on 30 June 2007.
3: Principal Act amended
This Act amends the Prisoners' and Victims' Claims Act 2005
4: Expiry of subpart
Section 4 repealed 30 June 2012 section 6(2) Prisoners' and Victims' Claims (2012 Expiry and Application Dates) Amendment Act 2012
5: Compensation of prisoners, etc, must be paid to Secretary
Section 5 repealed 30 June 2012 section 9(2) Prisoners' and Victims' Claims (2012 Expiry and Application Dates) Amendment Act 2012
6: Continuation of subpart 1 of Part 2
Despite section 16 subpart 1


1: Title
This Act is the Mental Health Commission Amendment Act 2007.
2: Commencement
This Act comes into force on 30 August 2007.
3: Principal Act amended
This Act amends the Mental Health Commission Act 1998
1: Amendments to principal Act
4: Title
The Title is repealed.
5: Interpretation
1: Section 2(1) provider stakeholder
a: the Ministry; and
b: district health boards; and
c: mental health service funders; and
d: providers; and
e: people with mental illnesses, and their families and caregivers; and
f: groups representing the interests of people with mental illness and their families and caregivers .
2: Section 2(2)
6: New section 6 substituted
Section 6
6: Functions of Commission
The functions of the Commission are—
a: to act as an advocate for the interests of people with mental illness and their families generally (rather than for individuals or groups), while taking into account the interests of other stakeholders; and
b: to promote and facilitate collaboration and communication about mental health issues among—
i: stakeholders and representatives in the mental health, government, academic, and community sectors; and
ii: members of the general public; and
c: to work, independently and with others,—
i: to promote better understanding of mental illness by the community; and
ii: to reduce the stigma associated with mental illness and prejudice shown towards people with mental illness and their families and caregivers; and
iii: to eliminate inappropriate discrimination on the ground of mental illness against people with mental illness and their families and caregivers; and
d: to monitor, and to report to and advise the Minister on, any matter relating to the implementation of the national mental health strategy—
i: at intervals agreed between the Minister and the Commission; and
ii: when otherwise requested by the Minister; and
iii: from time to time, as the Commission thinks fit; and
e: to stimulate and support policy-makers and the funders and providers of mental health services in developing integrated, effective, and efficient methods or systems of providing care that meet the needs of their communities; and
f: to stimulate and undertake research into any matter relevant to mental illness.
7: New section 10 substituted
Section 10
10: Term of office of member of Commission to cease when Act expires, or earlier
When this Act expires, the term of office of every member of the Commission who has not ceased to hold office before that time expires.
8: Expiry and repeal of Act
1: Section 13(1) 2007 2015
2: Section 13(2)
2: Transitional provisions
9: Office of members of Commission
1: This section applies to a person who, immediately before the commencement of this Act, held office as a member of the Commission.
2: After the commencement of this Act, a person to whom this section applies holds office for the shorter of the following periods:
a: 6 months from that commencement:
b: a term determined by the Minister.
3: Despite subsection (2)
4: Except as provided in this section and section 10 Crown Entities Act 2004
5: This section overrides section 10
10: Superannuation, retiring allowances, and compensation for loss of office
1: Despite section 9 clause 10 section 9
2: No person to whom section 9
11: Reports under repealed section 6(1)(a)
Reports that, but for the repeal of the former section 6


1: Title
This Act is the Appropriation (2007/08 Estimates) Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
This Act (except section 8
4: Purpose
The purpose of this Act is to—
a: authorise the Crown and Offices of Parliament to incur expenses and capital expenditure during the financial year ending with 30 June 2008 by appropriating expenses and capital expenditure for that financial year; and
b: authorise the Crown to incur expenses for more than 1 financial year for certain specified matters by appropriating expenses for more than 1 financial year for those matters; and
c: specify appropriations to which output expenses may be charged against third-party revenue in accordance with section 21
d: set out the net assets for each department (other than an intelligence and security department) and Office of Parliament for the purposes of section 22
e: list appropriations and classes of outputs that are subject to the reporting requirements of section 32A
5: Interpretation
1: In this Act, unless the context otherwise requires,— the Estimates The Estimates of Appropriations for the Government of New Zealand for the Year Ending 30 June 2008 scope shown in the Estimates
a: for each multi-class output expense appropriation under section 6 Reason for Change
i: under the column headed Scope of 2007/08 Appropriations
ii: alongside each of the individual classes of outputs, set out under the column headed Appropriations
b: for each appropriation under section 6 7 Reason for Change
i: under the column headed Scope of 2007/08 Appropriations
ii: alongside the category of output expenses, category of benefits or other unrequited expenses, category of other expenses, category of capital expenditure, or expenses and capital expenditure to be incurred by an intelligence and security department, set out under the column headed Appropriations
c: for each appropriation under section 8 Reason for Change
i: under the column headed Scope of Appropriations
ii: alongside the category of output expenses or category of other expenses, set out under the column headed Appropriations this year
2: In this Act, unless the context otherwise requires, benefit capital expenditure class of outputs Crown department expenses financial year intelligence and security department multi-class output expense appropriation Office of Parliament other expenses output expenses Vote section 2(1)
6: Appropriations for expenses and capital expenditure to be incurred
1: A separate appropriation, in accordance with which the Crown or an Office of Parliament is authorised to incur expenses or capital expenditure, is made for each of—
a: the categories of output expenses set out in column 3 of Schedule 1
b: the categories of benefits or other unrequited expenses set out in column 3 of Schedule 1
c: the categories of other expenses set out in column 3 of Schedule 1
d: the categories of capital expenditure set out in column 3 of Schedule 1
2: Each appropriation provided by subsection (1) is limited to—
a: the amount specified in column 4 of Schedule 1
b: the scope shown in the Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
7: Appropriations administered by intelligence and security departments
1: A separate appropriation, in accordance with which an intelligence and security department is authorised to incur expenses and capital expenditure, is made for each of the expenses and capital expenditure set out in column 3 of Schedule 2
2: Each appropriation provided by subsection (1) is limited to—
a: the amount specified in column 4 of Schedule 2
b: the scope shown in the Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
8: Appropriations applying to more than 1 financial year
1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses, is made for each of—
a: the categories of output expenses set out in column 3 of Schedule 3
b: the categories of other expenses set out in column 3 of Schedule 3
2: Each appropriation provided by subsection (1) is limited to—
a: the period specified in column 4 of Schedule 3
b: the amount specified in column 5 of Schedule 3
c: the scope shown in the Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
9: Expenses incurred pursuant to section 21 of Public Finance Act 1989
The appropriations to which output expenses may be charged under section 21 Schedule 4
10: Confirmation of net assets
For the purposes of section 22 sections 23 26E(1)(b) Schedule 5
a: column 3 shows the most recently projected amount of net assets at the start of this year; and
b: column 8 shows the projected movements in net assets during this year; and
c: column 9 shows the projected balance of net assets at the end of this year.
11: Appropriations and classes of outputs subject to section 32A of Public Finance Act 1989
The appropriations and classes of outputs, or that part of the appropriations and classes of outputs, listed in Schedule 6
a: are appropriations and classes of outputs for which expenses or capital expenditure are to be incurred other than by departments or Offices of Parliament; and
b: are subject to section 32A
12: Repeals
1: The Acts specified in Schedule 7
2: The Appropriation (2004/05 Supplementary Estimates) Act 2005 Schedule 3


1: Title
This Act is the Imprest Supply (Second for 2007/08) Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Expiry
This Act expires on 30 June 2008. 2008-06-30 Imprest Supply (Second for 2007/08) Act 2007
4: Purposes
The purposes of this Act are—
a: to authorise expenses and capital expenditure to be incurred by the Crown and Offices of Parliament during the financial year ending with 30 June 2008 in advance of appropriation by way of an Appropriation Act; and
b: to enable the net asset holdings of departments and Offices of Parliament to exceed the amounts confirmed in the Appropriation (2007/08 Estimates) Act 2007
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2007/08 year expenses section 2(1)
2: In this Act, unless the context otherwise requires, asset capital expenditure department financial year intelligence and security department Minister Office of Parliament operating surplus remeasurements Responsible Minister Vote section 2(1)
6: Authority to incur expenses
1: Expenses may, during the 2007/08 year, be incurred in advance of appropriation in relation to any Vote.
2: Expenses incurred under subsection (1) during the 2007/08 year must not exceed in the aggregate the sum of $5,900 million.
7: Authority to incur capital expenditure
1: Capital expenditure may, during the 2007/08 year, be incurred in advance of appropriation in relation to any Vote.
2: Capital expenditure incurred under subsection (1) during the 2007/08 year must not exceed in the aggregate the sum of $1,100 million.
8: Appropriation required
1: All expenses incurred under section 6(1) section 7(1)
2: Until the coming into force of the Appropriation Act in which that manner is specified, those expenses and that capital expenditure may be incurred during the 2007/08 year as if they had been incurred in accordance with one of the separate appropriations specified in section 7(1)
9: Authority to exceed net assets confirmed in Appropriation Act
1: In this section,— excess amount projected balance Schedule 5
2: The amount of net asset holding in a department (other than an intelligence and security department) or an Office of Parliament during the 2007/08 year may exceed the projected balance for that department or Office of Parliament.
3: However, the aggregate of the excess amounts for all departments and Offices of Parliament together with the total net asset holding of any department that is not listed in Schedule 5
4: For the purposes of subsections (1) and (2), the amount of net asset holding in a department or an Office of Parliament does not include—
a: any operating surplus retained as agreed between the Minister and the Responsible Minister for a department or an Office of Parliament in accordance with section 22(1) Schedule 5
b: any remeasurement of a department's or an Office of Parliament's reported net asset holding as set out in section 22(2) Schedule 5
5: Subsections (2) and (3) apply despite section 22(3)


1: Title
This Act is the Building (Consent Authorities) Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Building Act 2004 2007-08-29 Building Act 2004
4: Purpose of this Act
The purpose of this Act is to amend the principal Act to—
a: extend the period during which a territorial authority may act as a building consent authority (including in relation to a dam) even though the territorial authority has yet to be registered as a building consent authority; and
b: require a territorial authority registered as a building consent authority to act, until a specified time, as a building consent authority in relation to a dam within the territorial authority's district.
5: Territorial authority may act as building consent authority during transition to this Act
1: Section 450(3)(b)(ii) 30 November 2007 30 June 2008
2: Section 450 subsection (3)
3A: A territorial authority that is registered under section 191 subsection (3B)
3B: The time is the earlier of the following:
a: the close of the day before the date specified in subsection (3)(b)(ii)
b: the time at which the regional authority whose region includes the territorial authority's district—
i: is registered under section 191
ii: transfers its functions as a building consent authority in relation to dams in that district to another regional authority, under subpart 4 of Part 3 of this Act Part 3 of the Local Government Act 2002
3C: If a territorial authority acts as a building consent authority under subsection (1) or (3A)
a: the territorial authority must be taken to have all the functions, duties, and powers of a building consent authority under this Act; and
b: this Act applies with all necessary modifications.
3D: The Governor-General may, by Order in Council, before the date specified in subsection (3)(b)(ii)
3E: An order under subsection (3D) Regulations (Disallowance) Act 1989
3: Section 416(1)(f) 30 November 2007 the date specified in section 450(3)(b)(ii)
4: The heading to section 450 Territorial authority may When territorial authority may and must
5: Section 450(2)


1: Title
This Act is the Weathertight Homes Resolution Services (Remedies) Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Purpose and application of Part 2
3: Principal Act amended
Part 2 Weathertight Homes Resolution Services Act 2006 2007-08-29 Weathertight Homes Resolution Services Act 2006
4: Purpose of Part 2
The purpose of Part 2
a: may be for general damages (for example, for relevant mental distress), or for any other remedy, that could be claimed in a court of law in relation to, or for consequences of, all or any of specified damage, deficiencies, loss of value, and penetration of water; and
b: may be resolved by a determination that is made under it by the tribunal and that is or includes an order requiring the payment of general damages (for example, for relevant mental distress).
5: Claims affected by amendments made by Part 2
1: The amendments made by Part 2
a: claims brought under the principal Act after the commencement of this Act; and
b: claims brought under the principal Act, but not withdrawn, terminated, or otherwise disposed of (for example, through resolution by a settlement agreement, or by a determination by the tribunal), before the commencement of this Act; and
c: claims adjudication of which was initiated under the Weathertight Homes Resolution Services Act 2002
i: under section 149 of the principal Act section 148 of the principal Act section 149(1) of the principal Act
ii: are not withdrawn, terminated, or otherwise disposed of before the commencement of this Act.
2: The claims in subsection (1)(a) (b)
a: brought under the former Act; and
b: of the kind specified in subsection (1)(c)
c: that are withdrawn and adjudicated under the principal Act in accordance with section 150 or 153 subpart 6 of Part 2, of the principal Act
3: A reference in subsection (1)(b) subpart 3, 4, or 5 of Part 2 of the principal Act Part 1 of the principal Act
a: as if it were a claim brought under the principal Act; and
b: subject to the relevant modifications specified in subpart 3, 4, or 5 of Part 2 of the principal Act
4: A claim disposed of through resolution by a determination of the tribunal, an adjudicator, or a person specified in section 149(1) of the principal Act subsection (1)
5: If, under subsection (1) Part 2
a: on adjudication at first instance by the tribunal, an adjudicator, or a person specified in section 149(1) of the principal Act
b: on any appeal or rehearing, and for the purposes of any review proceeding.
2: Amendments to principal Act
6: Interpretation
Section 8 damages general damages
a: cannot be objectively quantified in monetary terms; and therefore
b: are assessed and quantified in broader terms mental distress
a: emotional or mental anxiety:
b: distress or stress relevant mental distress section 50(1)(a) to (e) .
7: New section 50 substituted
Section 50
50: What remedies may be claimed
1: As long as it is an eligible claim, a claim under this Act may be for any remedy that could be claimed in a court of law in relation to, or for consequences of, all or any of the following:
a: deficiencies that enabled the penetration of water into the building concerned:
b: the penetration of water into the building concerned:
c: damage or loss of value caused by the penetration of water into the building concerned:
d: loss of value caused by the fact that there are deficiencies in the building concerned:
e: deficiencies that are likely in future to enable the penetration of water into the building concerned.
2: Remedy subsection (1)
3: Subsections (1) and (2)
a: are not limited or affected by subsection (2)(d), (3)(d), or (4)(d) of section 42
b: are subject to section 91
8: How to initiate adjudication
Section 62(3)(c)
a: by omitting relief or
b: by inserting ( see section 50 remedy
9: Tribunal's determination: substance
Section 90(1)
1: The tribunal may make any order that a court of competent jurisdiction could make in relation to a claim in accordance with principles of law.
1A: An order under subsection (1)
1B: Subsection (1A) subsection (1)
10: Claim may continue under former Act or be withdrawn
Section 148(1)
1: The claim must be dealt with—
a: as if Part 1
b: under the former Act as modified by section 148A
11: New section 148A inserted
The following section is inserted after section 148
148A: How former Act modified for section 148(1)
The former Act must for the purposes of section 148(1) Schedule 4
12: New Schedule 4 added
The principal Act is amended by adding the Schedule 4 set out in the Schedule