Section 109(2)(a) of the Parole Act 2002 provides for the Board, “to develop policies on how to discharge its functions under this section, and to amend and revise those policies as it sees fit.”
This policy establishes a framework which will guide the way in which the Board’s policies will be developed in the future. In addition, it establishes principles to guide the implementation of such policies.
The Board acknowledges that the Treaty of Waitangi gives rise to certain rights and obligations. The Board will always operate in a way that is sensitive to iwi, hapu, whanau and Maori communities. The Board will ensure that Maori cultural concepts, values and practices will be respected and safeguarded. The Board also recognises the need to understand and respect the values and beliefs of Pacific peoples and people of other ethnicity living in New Zealand.
(1) All policies will be developed and from time to time reviewed by the Policy Committee of the Board.
(2) In doing so the Policy Committee will consider:
• any existing policies previously adopted by the Board.
• any reference from the Chairperson or Board members.
• any legislative amendments or judicial determinations which have a bearing on the discharge of the Board’s functions.
• whether consultation is required on any policy, and if so, with whom.
(3) The Policy Committee will report to the Chairperson, recommending any changes to existing policies or proposed new policies.
(4) The Chairperson may seek advice from the Executive Council, Board Members or any other person before confirming, amending or rejecting the policy, or may request that the Policy Committee undertake further work on the policy.
(5) A policy will be deemed to have been adopted by the Board when it has been confirmed by the Chairperson.
(6) All policies must be consistent with the Act, and any regulations made under the Act, and in particular the matters set out in section 7.
(7) No policy can fetter the exercise of discretion by any member or panel of the Board.
(8) Policies will be clearly worded to avoid ambiguity and any uncertainty in their implementation.
(9) A reference in any policy to “the Act” or to a section number is a reference to the Parole Act 2002 or to a section of that Act, unless another Act is specified.
(10) The intention is that policies of the Board will be publicly accessible to offenders, victims and the general public.
Hon J W Gendall QC
New Zealand Parole Board
Reviewed and confirmed as amended 30 October 2015.