Is the Department of Corrections or the Parole Board required to disclose all material relevant to recall decisions to the affected individual?

Answer

Section 13(1) of the Parole Act 2002 requires the New Zealand Parole Board to provide an individual with the information it relies on in making decisions. However, information may be withheld in certain circumstances: • section 13(3): A panel convenor may withhold information if disclosure would prejudice the person’s mental or physical health, or endanger anyone’s safety. • sections 13AA–13AE: The Chief Executive of Corrections or the Commissioner of Police may seek a confidentiality order. If the Chairperson is satisfied the information is relevant and that disclosure could endanger safety or prejudice law enforcement (including the prevention, investigation, and detection of offences, or the right to a fair trial), it may be withheld from the individual.