Corrections Minister Judith Collins says while she feels for terminally ill prisoner Vicki Letele and her family, the decision to release her is out of her hands.
A petition calling for the release of Letele has gathered 12,000 signatures.
Letele is serving a 3 year and 2 month sentence for fraud, but is dying of stomach cancer.
More than 200 people protested for her release outside Wiri women's prison in Auckland on Saturday.