(1) In this Act, unless the context otherwise requires,—
approved means approved by the Secretary
community-based sentence means—
counsel, in relation to any person, means a barrister and solicitor of the High Court of New Zealand who is representing that person in any proceedings
court means any court exercising jurisdiction in criminal cases
determinate sentence means a sentence of imprisonment otherwise than for life
District Court includes a Youth Court
employing authority, in relation to a person who is serving a sentence of community service, means the institution or organisation, or the instrument of the Crown, or the public body, on whose behalf the person is required to perform any service for the purposes of the sentence
final release date, in relation to a full-time custodial sentence, means the date specified in section 90 beyond which (subject to any liability for recall under Part 6) an offender cannot be detained in a prison in respect of that sentence
full-time custodial sentence means—
habilitation centre means an approved residential centre that operates programmes for offenders designed to discover and address the cause or causes of or factors contributing to their offending
home detention means the detention under a sentence of imprisonment, in an approved residence (including a marae), of an offender who is released to home detention under section 103B; and release to home detention and serving a sentence by way of home detention have corresponding meanings
indeterminate sentence means a sentence of imprisonment for life or a sentence of preventive detention
Manager Community Corrections means a person appointed to be a Manager Community Corrections of a district under section 127
medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine
minimum period of imprisonment means the period of imprisonment which the court has, under section 80, ordered that an offender shall serve before he or she can be released under Part 6
Minister means the Minister of Justice
offender includes a person who is dealt with or is liable to be dealt with for non-payment of a sum of money, disobedience of a court order, or contempt of court
parole, in relation to a full-time custodial sentence, means the point of the sentence at which the Parole or a District Prisons Board as the case may be, may, but is not required to, release an offender pursuant to section 89
periodic detention centre means a periodic detention centre established under section 126(1)
prison officer means an officer within the meaning of section 3(1) of the Corrections Act 2004
probation officer means a person appointed to be, or designated as, a probation officer under section 124; and includes a person exercising only some of the functions or powers of a probation officer under this Act
programme means 1 or more of the following:
(a) attendance on some form of continuing basis at 1 or more medical, social, therapeutic, educational, or rehabilitative amenities:
(c) placement in the care of members of an appropriate ethnic group, such as a tribe (iwi), a subtribe (hapu), an extended family (whanau), or marae, or in the care of any particular member or members of any such group, such as an elder (kaumatua):
residential conditions means the conditions prescribed in section 107D and imposed on an offender who is released under Part 6 to an habilitation centre or to home detention
Secretary means the chief executive of the Department of Corrections
sentence expiry date, in relation to a determinate sentence, means the date on which the term of the sentence imposed by the court ends
sentence of imprisonment does not include—
(a) a term of imprisonment imposed, whether by committal, sentence, or order, for—
serious violent offence means an offence against any of the following provisions of the Crimes Act 1961 in respect of which a determinate sentence of more than 2 years imprisonment is imposed on the offender:
staff member of a penal institution means a staff member within the meaning of section 3(1) of the Corrections Act 2004
supervising officer, in relation to a person who is serving a sentence of community service, means the probation officer who is for the time being supervising that person in accordance with section 32
trial Judge, in relation to a District Court, means a Judge who holds a warrant under section 28B of the District Courts Act 1947 to conduct trials on indictment
warden means a person appointed to be, or designated as, a warden under section 128.
(2) References in this Act to offences punishable by imprisonment, or to offences punishable by imprisonment for a term of a specified period or more, shall be construed, in relation to any particular case, without regard to any restriction imposed by any of the provisions of this or any other Act on the jurisdiction or powers of the court dealing with the case.
(3) For the purposes of this Act, an offender is subject to a full-time custodial sentence if the offender is serving that sentence or is liable to commence or to resume serving it at some time in the future.
Section 2: substituted, on 1 September 1993, by section 2(1) of the Criminal Justice Amendment Act 1993 (1993 No 43).
Section 2(1) compulsory treatment order: repealed, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
Section 2(1) final release date: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 2(1) home detention: substituted, on 1 October 1999, by section 2(1) of the Criminal Justice Amendment Act 1999 (1999 No 9).
Section 2(1) hospital: repealed, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
Section 2(1) inmate: repealed, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) mentally disordered: repealed, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
Section 2(1) patient: repealed, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
Section 2(1) penal institution: repealed, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 2(1) prison: inserted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 2(1) prison officer: inserted, on 1 March 1995, by section 29(1) of the Penal Institutions Amendment Act 1994 (1994 No 120).
Section 2(1) prison officer: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 2(1) prisoner: inserted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 2(1) residential conditions: substituted, on 1 October 1999, by section 2(2) of the Criminal Justice Amendment Act 1999 (1999 No 9).
Section 2(1) Secretary: substituted, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
Section 2(1) staff member of a penal institution: inserted, on 1 March 1995, by section 29(2) of the Penal Institutions Amendment Act 1994 (1994 No 120).
Section 2(1) staff member of a penal institution: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).