Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750248035.pdf (New Zealand)
Public Safety (Public Protection Orders) Bill Government Bill As reported from the committee of the whole House 68—3 Public Safety (Public Protection Orders) Bill Key to symbols used in reprinted bill As reported from the committee of the whole House text inserted text deleted Hon Amy Adams Public Safety (Public Protection Orders) Bill Government Bill Contents Title Commencement Part 1 Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending Subpart 1—Interpretation, objective, and principles Interpretation Objective of Act Principles Act binds the Crown Subpart 2—Public protection orders Imposition of public protection orders 13A Threshold for imposition of public protection order Chief executive may apply for public protection order Reports by health assessors Right to independent expert assessment Issue of summons to attend hearing Assessment whether respondent mentally disordered or intellectually disabled Court may make public protection order Notification of victims 68—3 Page 7 7 7 12 12 13 13 14 14 15 15 15 16 17 1 Public Safety (Public Protection Orders) Bill Review by review panel Review of public protection order by review panel Review by court Application by chief executive for review of public protection order Application for review by person subject to public protection order Review of public protection order Review of management plan Subpart 3—Status of residents Detention of residents Legal custody of residents Residents must obey lawful directions Residents may not possess prohibited items Transfers between residences Information to be given to residents about transfers Leave Rights of residents Rights of residents Earnings from work Right to legal advice Right to vote Recreational and cultural activities Right to receive and send written communications Access to media Visitors and oral communications with people outside residence Right to medical treatment Right to rehabilitative treatment Right to information Respect
 for cultural identity Right to benefits Receipts for residents to be paid into trust accounts 14 15 16 17 17A 18 19 20 20A 26 27 28 29 30 31 32 33 34 35 36 37 Subpart 4—Management of residents Management plans Needs assessment Management plans 38 39 39A Management plan may bar communications between resident and specified persons Reviews and variations of management plan Public Safety (Public Protection Orders) Bill Monitoring of written communications Checking and withholding of written communications in certain cases Written communications not to be withheld if sent by or to certain persons Approval and inspection of items Delivery of items must be approved Items intended for, or intended to be sent by, resident may be inspected Written communications or items withheld or not sent Procedure where written communication or item withheld or not sent Telephone calls may be monitored Interpretation Purposes of monitoring resident calls Resident calls that may be monitored Certain resident calls must not be monitored Only certain persons may monitor resident calls Warnings Authorised disclosure of information Restrictions on disclosure of information Application of Privacy Act 1993 Destruction of recordings Notice to be given of intention to produce evidence of recording Privileged evidence Restrictions on contacts with persons outside residence Visits from, or oral communication with, certain persons may be excluded Searches Search of residents and residence Search of persons other than residents Authority to search property Use of dogs for searching Taking and inspecting items appearing to be prohibited Drug or alcohol tests Resident may be required to submit to drug or alcohol test Resident must be informed of results of test 41 42 43 43A 43B 44 45 46 47 48 49 50 51 52 53 54 55 56 57 57A 57B 57C 57D 58 59 29 30 30 31 31 32 33 34 34 35 36 36 37 38 38 39 40 40 41 42 42
 43 43 44 45 3 Public Safety (Public Protection Orders) Bill Restrictions on use of result of test Seclusion Seclusion Restraint Restraint of residents Escort of persons subject to detention orders Emergencies Responses to security emergencies Assumption of control by manager of prison during civil defence emergency Relocation of residents to prison where residence becomes uninhabitable Transitional detention warrants Subpart 5—Inspections and complaints into alleged breaches of rights Visits by inspectors Inspectors’ access to persons and documents Complaints about breaches of rights Investigation by inspectors Resident to be informed of outcome of investigation Inquiries by inspector Duty of manager to correct deficiencies Subpart 6—Prison detention orders Order for detention in prison Rights and obligations of person subject to prison detention order Review by review panel Review of prison detention orders by review panel Review by court Application by chief executive for review of prison detention order Application for cancellation by person subject to prison detention order Court must be provided with relevant reports on person subject to prison detention order Cancellation of prison detention order Consequence of cancellation of prison detention order 45 45 46 47 48 49 50 50 51 51 52 52 52 53 53 54 54 54 55 55 56 56 56 60 61 62 63 64 64A 64B 64C 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 4 Public Safety (Public Protection Orders) Bill Subpart 7—Protective supervision Replacement of public protection order with protective supervision order Requirements may be included in protective supervision order Notification of requirements Court may vary requirements of protective supervision order Review panel may modify requirements to render them less restrictive Notification of changes Application by chief executive for review of protective supervision order Application for review by person subject to protective supervision order Review of protective supervision
 order Cancellation of protective supervision order Offence to breach protective supervision order Part 2 Procedural, administrative, and miscellaneous matters Subpart 1—Procedural matters Procedure governing applications to court Applications to be made by originating application Service of applications Respondent who fails to appear may be brought to court Court may order interim detention of, or interim imposition of conditions on, respondent Evidence in proceedings under this Act Court may determine whether hearings are held in open or closed court Court may suppress evidence and submissions Suspension of proceedings in certain cases Matters governing reviews by review panel 80 81 82 83 84 85 86 87 88 89 90 90A 91 92 93 94 95 96 96A 97 98 Reports to be provided to review panel Interview of person Subpart 2—Matters relating to management or administration 99 100 101 Establishment of residences Appointment of residence manager Powers and functions of residence managers 56 57 57 57 58 58 58 58 59 59 59 60 60 60 61 61 62 62 62 63 63 64 64 65 5 Public Safety (Public Protection Orders) Bill Status of delegations 102 Manager of residence may delegate powers and functions 103 104 Manager may make rules for residence 105 106 Matters to be included in annual report of department Chief executive may provide guidelines or instructions Review panel Establishment and constitution of review panel 107 108 Meetings of review panel 109 110 111 Term of appointment, and reappointment Remuneration and expenses of members Immunity of members 112 Inspectors Appointment of inspectors 113 114 115 116 117 118 119 120 121 Visits by specified office holders Right of specified office holders to visit residences Crimes of Torture Act 1989 not limited Residence management contracts Management of residences under contract Requirements of residence management contracts Delegation of powers and functions of contractor Liability of contractor Control of contract residence in emergency Residence management
 contracts to be presented to House of Representatives Release of resident information to and by contract residences Subpart 3—Miscellaneous matters Regulations Sentence of preventive detention not affected by this Act 122 123 123A Suspension of orders in certain cases 124 Claims by persons subject to orders under this Act not affected by Prisoners’ and Victims’ Claims Act 2005 124A Amendment to Crimes Act 1961 Escaping from residence 124B Amendment to Legal Services Act 2011 Legal aid 6 65 66 66 67 68 69 69 69 70 70 71 71 72 72 72 73 73 74 75 76 76 77 77 77 78 78 Public Safety (Public Protection Orders) Bill Part 1 cl 3 Access to protection orders and restraining orders 124C Amendments to Privacy Act 1993 Consequential amendments 125 Schedule Consequential amendments 78 79 80 The Parliament of New Zealand enacts as follows: 1 2 (1) (2) Title This Act is the Public Safety (Public Protection Orders) Act 2012.
Commencement Except as provided in this section, this Act comes into force on a date appointed by the Governor-General by Order in Coun- cil, and 1 or more Orders in Council may be made bringing different provisions into force on different dates.

Section 99 comes into force on the day after the date on which 10 this Act receives the Royal assent.
5 (3) Any provision that has not earlier been brought into force comes into force on the day that is 1 year after the date on which this Act receives the Royal assent.

2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent.
15 Part 1 Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending Subpart 1—Interpretation, objective, and principles 3 Interpretation In this Act, unless the context otherwise requires,— 20 25 7 Part 1 cl 3 Public Safety (Public Protection Orders) Bill chief executive means the chief executive of the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act coercive power— (a) means a power that authorises a residence manager, 5 staff member of a residence, or a corrections officer to use force; and includes the powers conferred by any of sections 57 to 58 and 61 to 64 (b) contract residence means a residence that is for the time being 10 managed under a residence management contract corrections officer has the same meaning as the term officer in section 3(1) of the Corrections Act 2004 court means the High Court department means the department that is, with the authority 15 of the Prime Minister, for the time being responsible for the administration of the Corrections Act 2004 deputy residence manager means a person appointed or en- gaged as the deputy manager of a residence under section 100 determinate sentence has the same meaning as determinate sentence of imprisonment in section 4(1) of the Sentencing Act 2002 electronic communication device— (a) means an electronic communication device (other than 25 a device used to assist with a disability) that is capable of any or all of the following actions: (i) (ii) (iii) (iv) transmitting sound: computing information: functioning as a telephone: communicating in any other way using any technology (including telecommunication, ra- diocommunication, Internet, and broadcasting technology); and 30 20 (b) includes any part of an electronic communication de- 35 vice (for example, a SIM card) regardless of whether the part— 8 Public Safety (Public Protection Orders) Bill Part 1 cl 3 (i) (ii) is capable of any of the actions specified in para- graph
 (a); and is detachable and may be used in other electronic communication devices; and (c) includes any device that enables or facilitates the func- 5 tioning of an electronic communication device (for ex- ample, a recharger or charging device) 10 15 guidelines or instructions means guidelines or instructions provided under section 105 health assessor means a health practitioner who— (a) 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, and who is a practising psychiatrist; or is a registered psychologist (b) imminent, in relation to the commission of serious sexual or violent offences by a person, means that the person is expected to commit such an offence as soon as he or she has a suitable opportunity to do so inspector means an inspector appointed under section 112 interim detention order means an order made under section 93 Judge means a Judge of the High Court lawyer has the meaning given to it by section 6 of the Lawyers 25 and Conveyancers Act 2006 management plan, in relation to a resident, means the plan prepared for the resident, under section 39, as varied from time to time under this Act mentally disordered has the same meaning as in the Mental 30 Health (Compulsory Assessment and Treatment) Act 1992 Minister means the Minister of the Crown for the time being responsible for the department prison has the same meaning as in section 3(1) of the Correc- tions Act 2004 prison detention order means an order made under section 72 35 20 9 Part 1 cl 3 Public Safety (Public Protection Orders) Bill probation officer means an officer appointed by the chief ex- ecutive in accordance with section 24 of the Corrections Act 2004 prohibited item, in relation to a resident, means— (a) 15 any article that could, while in the possession of the resi- 5 dent, be harmful to that resident or to any other person: any
 medicines (within the meaning of section 3 of the Medicines Act 1981), except for medicines prescribed for the resident under that Act: any controlled drugs and precursor substances (speci- 10 fied or described in Schedule 1, 2, 3, or 4 of the Misuse of Drugs Act 1975), except for medicines prescribed for the resident under the Medicines Act 1981: any psychoactive substance (within the meaning of sec- tion 9 of the Psychoactive Substances Act 2013): any alcohol: any other intoxicating substance: any tobacco: any equipment used for smoking tobacco or any other substance: any electronic or non-electronic material the residence manager reasonably considers to be porno- graphic: any electronic or non-electronic representation, which the residence manager reasonably considers to be in- 25 appropriate, of a naked or partially naked person who is or appears to be under 18 years of age: any computer or other electronic device on which a pro- hibited item is stored: any electronic communication device: any thing that could be used for the purpose of facilitat- ing the escape from lawful custody of any person: any article or substance that could be used for the pur- pose of altering the results of a drug or alcohol test: any live animal: any other article or substance that the resident is not permitted to possess under rules made under section 104 that 35 30 20 (b) (ba) (bb) (c) (d) (da) (db) (dc) (dd) (de) (e) (f) (g) (ga) (h) 10 Public Safety (Public Protection Orders) Bill Part 1 cl 3 10 protective supervision order means an order made under section 80 public protection order means an order made under section 13 registered psychologist means a health practitioner who is, or 5 is deemed to be, registered with the Psychologists Board con- tinued by section 114(1)(a) of the Health Practitioners Com- petence Assurance Act 2003 as a practitioner of the profession of psychology residence means a residence established under section 99 residence management contract means a contract
 for the management of a residence entered into under section 115 residence manager or manager means a person appointed or engaged as the manager of a residence under section 100, and includes a deputy residence manager appointed under that 15 section resident means a person subject to a public protection order but not to a prison detention order respondent, in relation to an application for a public protec- tion order, means the person against whom the order is sought 20 review panel means the review panel established by section 107 rub-down search has the same meaning as in section 89 of the Corrections Act 2004 scanner search has the same meaning as in section 91 of the 25 Corrections Act 2004 serious sexual or violent offence means an act committed before, on, or after the commencement of this section that— (a) is committed in New Zealand and is— (i) a sexual crime under Part 7 of the Crimes Act 30 1961 punishable by 7 or more years’ imprison- ment, including a crime under section 144A or 144C of that Act; or an offence against any of sections 172 to 177, 188, 189(1), 191, 198 to 199, 208 to 210, 234, 35 235, and 236 of the Crimes Act 1961; or (ii) 11 Part 1 cl 4 Public Safety (Public Protection Orders) Bill (b) is committed overseas and would come within the de- scription of paragraph (a) if it had been committed in New Zealand 5 serious sexual or violent offending means the commission of 1 or more serious sexual or violent offences staff member, in relation to a residence, means a person ap- pointed under section 100(1)(c) or (2)(c) strip search has the same meaning as in section 90 of the Corrections Act 2004 threshold, in relation to a public protection order, has the 10 meaning given to it by section 7 victim means a person— (a) who is a victim of a serious sexual or violent offence committed by a person— (i) who is a respondent to an application made by 15 the chief executive under this Act; or (ii) who is subject to an order made under this Act; and (b)
 who has asked for notice or advice of matters or deci- sions or directions, and copies of orders and conditions, 20 and has given his or her current address, under section 31 of the Victims’ Rights Act 2002 x-ray search has the same meaning as in section 92 of the Corrections Act 2004.
Objective of Act The objective of this Act is to protect members of the public from the almost certain harm that would be inflicted by the commission of serious sexual or violent offences.

It is not an objective of this Act to punish persons against whom orders are made under this Act.
25 30 Principles Every person or court exercising a power under this Act must have regard to the following principles: (a) orders under this Act are not imposed to punish persons and the previous commission of an offence is only 1 35 of several factors that are relevant to assessing whether 4 (1) (2) 5 12 Public Safety (Public Protection Orders) Bill Part 1 cl 7 (b) (c) (d) there is a very high risk of imminent serious sexual or violent offending by a person: a public protection order should only be imposed if the magnitude of the risk posed by the respondent justifies the imposition of the order: a public protection order should not be imposed on a person who is eligible to be detained under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003: persons who are detained in a residence under a public protection order should have as much autonomy and quality of life as possible, while ensuring the orderly functioning and safety within the residence.
6 Act binds the Crown This Act binds the Crown.
5 10 15 Subpart 2—Public protection orders Imposition of public protection orders Threshold for imposition of public protection order 7 (1) A person aged 18 years or older meets the threshold for the 20 imposition of a public protection order if— (a) the person— (i) is detained in a prison under a determinate sen- tence for a serious sexual or violent offence; and (ii) must be released from detention not later than 6 25 months after the date on which the chief execu- tive applies for a public protection order against the person; or (b) the person is subject to an extended supervision order and— (i) is, or has been, subject to a condition of full-time accompaniment and monitoring imposed under sections 33(2)(c) and 107K(2) section 107K of the Parole Act 2002; or is subject to a condition of long-term full-time 35 placement in the care of an appropriate agency, (ii) 30 13 Part 1 cl 8 Public Safety (Public Protection Orders) Bill person, or persons for the purposes of a pro- gramme under sections 15(3)(b) and 16(c) of the Parole Act 2002; or (c) (d) the person is subject to a protective supervision order; or the person— (i) 5 has arrived in New Zealand within 6 months of ceasing to be subject to any sentence, supervision conditions, or order imposed on the person for a serious sexual or violent offence by an overseas 10 court; and has, since that arrival, been in New Zealand for less than 6 months; and resides or intends to reside in New Zealand.
(ii) (iii) (2) (3) For the purposes of this Act, a person meets the threshold for 15 a public protection order if the person meets the threshold at the time that the chief executive applies for that order against the person.
In this section, extended supervision order means an order imposed, whether before, on, or after the commencement of 20 this section, under section 107I of the Parole Act 2002 on a person who was an eligible offender (within the meaning of section 107C(1) of that Act) because the person had been sentenced to imprisonment for a relevant offence (within the meaning of that section) that is also a serious sexual or violent 25 offence (within the meaning of section 3).
8 (1) Chief executive may apply for public protection order The chief executive may apply to the court for a public protec- tion order against a person who meets the threshold for such an order on the ground that there is a very high risk of immi- 30 nent serious sexual or violent offending by the person.

(2) As soon as practicable after an application is made under sub- section (1), the chief executive must advise every victim of the respondent that the application has been made.
Reports by health assessors The application under section 8 must be accompanied by at least 2 reports that— 35 9 14 Public Safety (Public Protection Orders) Bill Part 1 cl 12 (a) (b) have been separately prepared by health assessors, at least one of whom is a registered psychologist; and address the questions whether— (i) the respondent exhibits to a high level each of the 4 characteristics described in section 13(2); and 5 there is a very high risk of imminent serious sex- ual or violent offending by the respondent.
(ii) 10 (1) (2) Right to independent expert assessment The court may, on its own initiative, direct a health assessor selected by the court to assess the respondent.

The respondent may request a health assessor selected by the respondent to assess the respondent.

(3) A health assessor who assesses a respondent in accordance with a direction or request under this section must prepare a report that addresses the questions stated in section 9(b).
The report may also comment on the reports of health asses- sors that the chief executive has served on the respondent.

(4) 10 15 (5) Where the respondent has been granted legal aid for respond- ing to the application for the public protection order, the fees and expenses of preparing the assessment report under this 20 section must be met out of the grant of legal aid.
(6) Where the court directs a health assessor under this section in a case where the respondent has not been granted legal aid, the fees and expenses of preparing the assessment report must be met out of public money appropriated by Parliament for the 25 purpose.
11 12 (1) Issue of summons to attend hearing A Judge or the Registrar of the High Court may from time to time issue a summons requiring the respondent to an applica- tion for a public protection order to attend at a specified date 30 and time for the hearing of the application.
Assessment whether respondent mentally disordered or intellectually disabled This section applies where a court is satisfied that it could make a public protection order against a respondent and it ap- 35 15 Part 1 cl 13 Public Safety (Public Protection Orders) Bill (2) pears to the court that the respondent may be mentally dis- ordered or intellectually disabled.
The court may, instead of making a public protection order, di- rect the chief executive to consider the appropriateness of an application in respect of the respondent under section 45 of the 5 Mental Health (Compulsory Assessment and Treatment) Act 1992 or under section 29 of the Intellectual Disability (Com- pulsory Care and Rehabilitation) Act 2003.
(3) Where the court gives a direction under subsection (2), the (4) court must, if the respondent is not then detained under sec- 10 tion 93, order the interim detention of the respondent under that section.
For the purposes of any application under section 45 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or under section 29 of the Intellectual Disability (Com- 15 pulsory Care and Rehabilitation) Act 2003 made as a result of the consideration directed under subsection (2) and for any determination arising out of such an application, the respond- ent is taken to be detained in a prison under an order of com- mittal.
20 Court may make public protection order 13 (1) After considering all of the evidence offered in a proceeding on an application for a public protection order, and, in particular, the evidence given by 2 or more health assessors, including at least 1 registered psychologist, the court may make a public 25 protection order against the respondent if the court is satisfied, on the balance of probabilities, that— (a) the respondent meets the threshold for a public protec- tion order; and there is a very high risk of imminent serious sexual or 30 violent offending by the respondent if,— (i) where the respondent is detained in a prison, the respondent is released from prison into the com- munity; or in any other case, the respondent is left unsuper- 35 vised.
(ii) (b) The court may not make a finding of the kind described in sub- section (1)(b) unless satisfied that the respondent exhibits a (2) 16 Public Safety (Public Protection Orders) Bill Part 1 cl 14 severe disturbance in behavioural functioning established by evidence to a high level of each of the following characteris- tics: (a) 5 an intense drive or urge to commit a particular form of offending: limited self-regulatory capacity, evidenced by general impulsiveness, high emotional reactivity, and inability to cope with, or manage, stress and difficulties: absence of understanding or concern for the impact of the respondent’s offending on actual or potential victims 10 (within the general sense of that term and not merely as defined in section 3): poor interpersonal relationships or social isolation or both.
(b) (c) (d) 13A Notification of victims As soon as practicable after an application for a public pro- tection order is determined or suspended, the chief executive must advise every victim of the respondent of the outcome of the application.
Review by review panel 14 Review of public protection order by review panel (1) During the currency of a public protection order, the review panel must review the continuing justification of the order— (a) (b) within 1 year after the order is made; and then— (i) 15 20 25 (ii) within every succeeding year after the most re- cent previous review of the order by the review panel; but if an application (other than an application for leave) under section 15 or 16 is pending before 30 the court, within 1 year after the date on which the application is determined or withdrawn.
(2) If the review panel considers that there may no longer be a very high risk of imminent serious sexual or violent offending by the person subject to the public protection order, the review 35 17 Part 1 cl 15 Public Safety (Public Protection Orders) Bill panel may direct the chief executive to apply to the court for a review of the order under section 15.
(3) Where, in the case of a resident, the review panel does not give a direction under subsection (2), the review panel— (a) must review the management plan of the resident to as- 5 certain whether the plan continues to be appropriate; and (b) may make any recommendations to the manager of the residence in which the resident is required to stay.
Review by court 15 Application by chief executive for review of public protection order (1) During the currency of a public protection order, the chief ex- ecutive must apply to the court for a review of the continuing justification of the order— (a) within 5 years after the order is made; and (b) then, within 5 years after the first review; and then, at intervals of not more than 5 years; and (c) (d) whenever the review panel directs the chief executive to apply.
10 15 20 (2) Despite subsection (1)(c), the court may direct that the chief executive apply for any subsequent reviews at intervals of not more than 10 years.

For the purpose of calculating any period specified in sub- section (1) or (2), if the court grants leave for an application 25 under section 16, the period is suspended until the applica- tion is determined or withdrawn.
(3) (4) As soon as practicable after an application is made under sub- section (1), the chief executive must advise every victim of the person subject to the public protection order that the appli- 30 cation has been made.

16 Application for review by person subject to public protection order (1) A person who is subject to a public protection order may, with the leave of the court, apply to the court for a review of the 35 order.
18 Public Safety (Public Protection Orders) Bill Part 1 cl 17A (2) As soon as practicable after an application is made under sub- section (1), the chief executive must advise every victim of the person subject to the public protection order that the appli- cation has been made.
Review of public protection order 17 (1) On a review of a public protection order, the court must be provided with all reports provided to the review panel and may call for any further or supplementary reports from any person, including, without limitation, from— (a) (b) the chief executive: if the person subject to the order is required to stay in a residence, the manager of the residence: if the person subject to the order is detained in a prison, the manager of the prison: any health assessor.
(c) 5 10 (2) (2A) (2B) (4) 15 (d) The court must consider whether there still is a very high risk of imminent serious sexual or violent offending by the person subject to the public protection order.

In its consideration under subsection (2), the court must take into account whether the reports provided to the court indicate 20 that the person continues to exhibit a severe disturbance in be- havioural functioning of the kind described in section 13(2).
If, following its consideration under subsection (2), the court is satisfied, on the balance of probabilities, that there no longer is a very high risk of imminent serious sexual or violent of- 25 fending by the person subject to the public protection order, the court must make a finding to that effect.

The chief executive must advise every victim of the person subject to the public protection order of the outcome of the review.
30 17A Review of management plan If, on a review of a public protection order relating to a resi- dent, the court does not make a finding under section 17(2B), the court— 19 Part 1 cl 18 Public Safety (Public Protection Orders) Bill (a) must review the management plan of the resident to as- certain whether the plan continues to be appropriate; and (b) may make any recommendations to the manager of the residence in which the resident is required to stay.
5 18 19 (1) (2) 20 Subpart 3—Status of residents Detention of residents A resident must stay in the residence that the chief executive designates by written notice given to the resident and to the manager of that residence.

Legal custody of residents The chief executive has the legal custody of every resident.
Legal custody under subsection (1) of a resident commences as soon as a Judge pronounces an interim detention order or a public protection order and continues while the resident— (a) (b) is detained in a residence; or is for any reason outside the residence under the control or supervision of any of any of the following persons who is acting under the authority of the Act: (i) (ii) (iii) the manager: a staff member of the residence: a corrections officer or Police employee acting under section 63(1).
Compare: 2004 No 50 s 38(1) Residents must obey lawful directions A resident must comply with every lawful direction given to him or her by— (a) (b) (c) the residence manager; or a staff member of the residence; or a corrections officer or Police employee acting under 30 section 63(1).

Compare: 2004 No 50 s 40 10 15 20 25 20A Residents may not possess prohibited items (1) A resident may not possess a prohibited item.
20 (2) (3) (4) 21 Public Safety (Public Protection Orders) Bill Part 1 cl 21 If the residence manager is satisfied that an item found in, or sent or delivered to, the residence, or found in the course of a search under section 57 or 57A, is a prohibited item, the manager must take possession of, and retain, the item.
The residence manager may deal with any item taken and re- 5 tained under subsection (2) as the manager considers appro- priate, including by— (a) (b) giving it to the Police; or giving it to a person (other than a resident) who appears to be entitled to it; or destroying it.

(c) This section does not apply to any item that is in the possession of, or that is delivered to, a resident who is permitted to possess the item in accordance with a permission given under rules made under section 104.
10 15 Transfers between residences A resident may be transferred, on the direction of the chief ex- ecutive given after considering the advice of the manager of the residence and any other advice the chief executive consid- ers appropriate, from a residence to any other residence for 1 20 or more of the following reasons: (a) to ensure the safety of the resident or of other persons who are in, or who visit, the residence: (ab) where the residence in which the resident lived has been destroyed or has become uninhabitable: (c) (d) (b) where the risk posed by the resident has lessened, to al- low the resident to live in a residence with fewer restric- tions: to place the resident in a residence closer to his or her family: to respond to the needs of that resident, as identified in the management plan: to facilitate medical or psychiatric care for the resident: to reduce the risk of self-harm by the resident if he or she is identified as being at risk: to reduce the risk to the resident if he or she is identified as being vulnerable to mistreatment by other residents: (e) (f) (g) 25 30 35 21 Part 1 cl 22 Public Safety (Public Protection Orders) Bill to grant a request by a resident for a transfer.
(h) Compare: 2004 No 50 s 54 Information to be given to residents about transfers 22 (1) A resident must, at least 7 days before a proposed transfer, (2) be informed of the location of the new residence to which the 5 resident is to be transferred, and the reasons for the proposed transfer.
Subsection (1) does not apply if— (a) there are reasonable grounds to believe the resident to be transferred will create a management difficulty be- 10 fore the transfer is made or as a result of the transfer; or the transfer is being made because there are reason- able grounds to believe that the safety of the resident or others at the residence within which the resident cur- rently resides is at risk.
(b) 15 (4) (3) If the resident has been transferred to a new residence without having been informed of the reasons beforehand, the resident must be informed of those reasons as soon as practicable after he or she is transferred to the new residence.

The resident may, not later than 1 month after he or she is 20 transferred to a new residence, request the chief executive in writing to review the decision to transfer the resident.
(5) On receiving a request under subsection (4), the chief ex- ecutive must review the decision to transfer the resident and inform the resident of the outcome of the review.
25 Leave The chief executive may grant a resident leave of absence from the residence in which he or she is detained for a specified time for any of the following purposes: (a) to undergo or receive medical or dental examinations or 30 treatment: to attend hearings in proceedings under this Act to which the resident is a party: to attend any other hearings in a proceeding if the at- tendance of the resident is required by the court or under 35 an enactment: (b) (c) 23 (1) 22 Public Safety (Public Protection Orders) Bill Part 1 cl 24 (2) (d) to attend a rehabilitation programme identified in the resident’s management plan: for humanitarian reasons.
(e) In deciding whether to grant leave under subsection (1)(d) and (e), the chief executive must have regard to— (a) whether the risk of serious sexual or violent offending during the duration of the leave is reasonably manage- able; and the extent to which the resident must be supervised while absent; and the benefit of the proposed leave to the resident and others.
(b) (c) (3) During the resident’s absence from the residence, the resident must be escorted and supervised by a person who has been directed to do so under section 63(1).
Rights of residents Rights of residents 24 (1) A resident has the rights of a person of full capacity who is not subject to a public protection order except to the extent that those rights are limited by— (a) (b) this Act; or any rules, guidelines or instructions, or regulations made under this Act; or a decision of the manager taken in accordance with this section.
(c) (3) (2) Without limiting the generality of subsection (1), the rights of a resident include the rights set out in sections 25 to 37.

The manager may limit the rights of a resident to the extent rea- sonably necessary to prevent the resident from harming him- self or herself or any other person or from disrupting the or- 30 derly functioning of the residence.
In making a decision that affects a resident, the manager must be guided by the following principles: (a) a resident must be given as much autonomy and quality of life as is compatible with the health and safety and 35 well-being of the resident and other persons and the or- derly functioning of the residence: (4) 23 Part 1 cl 25 Public Safety (Public Protection Orders) Bill (5) (b) a decision that adversely affects a resident must be rea- sonable and proportionate to the objective sought to be achieved.
Residents must be given the opportunity to provide input into the making of rules for the residence and into the running of the 5 residence for the purpose of the orderly functioning of the resi- dence and the creation and maintenance of a residence com- munity.
Earnings from work 25 (1) A resident who is able to earn money by working in the resi- 10 dence or in a prison, whether in a self-employed capacity or as an employee or a contractor, may perform that work— (a) (b) in the residence, with the approval of the manager; or in the prison in which the residence is physically lo- cated, with the approval of the manager of that prison 15 and the manager of the residence.
(2) A resident to whom subsection (1) applies may retain any money earned from that work, subject to section 37.

Right to legal advice 26 (1) A resident is entitled to obtain legal advice on his or her status 20 as a resident and on any other relevant legal question.
(2) A residence manager must, so far as is reasonably practicable and consistent with the safety and security of the residence,— ensure that a resident is provided with adequate facil- (a) ities to prepare for legal proceedings to which the resi- 25 dent is a party; and facilitate contact between the resident and any person (other than another resident) who provides advice or other assistance to help the resident prepare for those proceedings.
(b) 30 Right to vote A resident may be registered as an elector in accordance with the Electoral Act 1993 and may vote, within the residence, at elections in accordance with that Act, the Local Electoral Act 2001, or any enactment under which a referendum is held.

35 27 24 Public Safety (Public Protection Orders) Bill Part 1 cl 31 28 29 Recreational and cultural activities A resident may participate in recreational, educational, and cultural activities within the residence.
Right to receive and send written communications Subject to section 41, every resident promptly given any written communications received for the resident and to the prompt dispatch of any written communi- cations put out by the resident for posting.

is entitled to be 5 Access to media 30 (1) A resident must be given access to news media (for example, 10 newspapers, television, or radio) and, if Internet facilities are available in the residence, to Internet sites approved by the manager.
Subsection (1) does not entitle a resident to unsupervised access to the Internet or to the use of email.

(2) 15 31 Visitors and oral communications with people outside residence (1) A resident may, subject to any conditions or restrictions im- posed by the residence manager, receive visits from persons who are for the time being permitted by the manager to visit 20 the resident.
(1A) All visits to residents must be supervised unless the residence manager permits a particular visit to be unsupervised in order to meet the resident’s rehabilitative needs.

(1B) Subsection (1A) does not apply to a visit to a resident by an 25 inspector, or a specified office holder within the meaning of section 113(4), or a lawyer of the resident.
(2) A resident must be allowed access to a telephone or other elec- tronic communication device to communicate with persons with whom such communications are permitted by the man- 30 ager.

Subsection (2) is subject to sections 44 to 56.

Compare: SR 2005/53 r 112(1) (3) 25 Part 1 cl 32 Public Safety (Public Protection Orders) Bill Right to medical treatment 32 (1) A resident is entitled to medical treatment and other health care (2) (3) 33 34 35 appropriate to his or her condition.
The standard of health care that is available to residents must be reasonably equivalent to the standard of health care avail- 5 able to the public.

The manager must ensure that— (a) an adequate record of the care or treatment provided to a resident is maintained; and full medical records (including dental records) of resi- 10 dents or former residents are kept securely; and the medical record of any resident or former resident is kept separate from other information relating to the resident.
(b) (c) Right to rehabilitative treatment A resident is entitled to receive rehabilitative treatment if the treatment has a reasonable prospect of reducing the risk to pub- lic safety posed by the resident.

15 Right to information A resident is entitled to be informed about rules, guidelines 20 or instructions, entitlements, obligations, and decisions that affect the resident.
Respect for cultural identity A resident is entitled to be dealt with in a manner that respects the resident’s cultural and ethnic identity, language, and reli- 25 gious or ethical beliefs.

Right to benefits 36 (1) A resident is not disentitled from obtaining a benefit within the meaning of the Social Security Act 1964.
For the purpose of calculating such benefit, the resident is 30 taken to be a patient in a hospital (within the meaning of sec- tion 75(1) of the Social Security Act 1964 or section 19(1) of the New Zealand Superannuation and Retirement Income Act 2001, as the case requires) for more than 13 weeks.
(2) 26 Public Safety (Public Protection Orders) Bill Part 1 cl 38 Receipts for residents to be paid into trust accounts 37 (1) All money earned by a resident or due to the resident as a bene- fit must be paid into a trust account operated by the residence manager for the resident.
(2) Where any money that a resident earns from work is paid into 5 the resident’s trust account, the manager must deduct from that money any amount required to be deducted under guidelines or instructions to offset the cost of the resident’s care.

Residents may have access to funds held on their behalf in the trust account to dispose of as they see fit, subject to any 10 reasonable limitation imposed in accordance with this Act.
(3) (4) A resident must be paid all money held exclusively for that resident in a trust account when the resident is released from the residence under section 80.

If a resident dies while in legal custody, any money held for 15 that resident in the trust account must be paid to the executor or administrator of the resident’s estate.
(5) Subpart 4—Management of residents Management plans 20 25 30 (2) Needs assessment 38 (1) As soon as practicable after a resident first commences to stay in a residence, the manager of the residence must assess the needs of the resident in consultation with the resident.
The assessment must identify— (a) (b) (c) (ca) (d) any special medical requirements of the resident: any cultural or religious needs of the resident: any skills or capacities of the resident: any educational needs of the resident: steps to be taken to facilitate the resident’s rehabilitation and reintegration into the community.
(3) The assessment must have regard to the resident’s aspirations for his or her personal development, so far as those aspirations are compatible with his or her detention in the residence.

27 Part 1 cl 39 Public Safety (Public Protection Orders) Bill 39 Management plans (1) As soon as practicable after completion of the assessment under section 38, the manager must prepare a management plan for the resident.

The plan must be prepared in accordance with any relevant 5 guidelines or instructions.
The plan must set out— (a) (3) (2) (b) (c) (d) (e) (f) (g) (h) (i) 15 the reasonable needs of the resident based on the assess- ment completed under section 38: the extent to which, and manner in which, those needs 10 can reasonably be met within the residence: a personalised management programme for the goals of the resident that will contribute towards his or her eventual release from the residence and reintegration into the community: the nature and extent of supervision required to protect the health and safety of the resident and others within the residence, including staff: where any right of the resident is to be limited, the na- ture of, and the reasons for, the limit: any treatment and programmes that may be offered to the resident in accordance with section 33, and that the resident elects to receive or participate in: the intervals at which the manager must review the plan, which must not exceed 12 months: any other matter required to be included in guidelines or instructions: any matters, consistent with this Act and any regula- tions, rules, or guidelines or instructions made under it, that the manager considers necessary to meet the needs 30 of the resident.
20 25 39A Management plan may bar communications between resident and specified persons (1) A provision in a resident’s management plan may state that the resident— (a) is not to send written communications or items to a named person or a class of persons: 35 28 Public Safety (Public Protection Orders) Bill Part 1 cl 41 (b) is not to receive written communications or items from a named person or a class of persons.
(2) However, no provision in a resident’s management plan may bar the resident from communicating in writing with a person described in section 42(3).
5 40 (1) Reviews and variations of management plan The manager must review a resident’s management plan— (a) at the intervals stated in the management plan; and (b) whenever the court, the review panel, an inspector, or (c) an Ombudsman recommends that the management plan 10 be reviewed or changed; and whenever the manager receives a request, made by or on behalf of the resident, that the management plan be changed, unless the manager is satisfied that the request is frivolous or vexatious or is not made in good faith; 15 and (d) whenever the manager considers that a change in the cir- cumstances of the resident is likely to require a change to the management plan.
(2) If, following a review under subsection (1), the manager pro- 20 poses to make a change to the management plan, the manager must consult the resident about the proposed change.

(3) Where the review has been requested under subsection (1)(c) on behalf of the resident by another person, the con- sultation under subsection (2) must also include that other 25 person.
(4) After taking into account any views expressed in the course of the consultation under subsection (2), the manager may change any matter in the management plan that was the subject of that consultation.
30 Monitoring of written communications 41 (2) Checking and withholding of written communications in certain cases If there are reasonable grounds for believing that the receipt by, or the dispatch on behalf of, a resident of any written com- 35 munication may contravene the resident’s management plan or 29 Part 1 cl 42 Public Safety (Public Protection Orders) Bill (3) may otherwise be detrimental to the interests and treatment of the resident or of other persons, the manager of the residence may direct that the communication be checked.
If, on checking a written communication under subsection (2), the manager considers that the receipt or dispatch of the 5 communication contravenes the resident’s management plan or may otherwise be detrimental to the interests of the resident or of other persons, the manager may direct that the commu- nication be withheld from the resident or not be dispatched, as the case requires.
Compare: 1992 No 46 ss 123(1), (2), 124(1)–(3) 10 42 Written communications not to be withheld if sent by or to certain persons (1) Despite section 41, a written communication must not be checked or withheld from a resident if it is sent by, or on behalf 15 of, any of the persons described in subsection (3).

(3) (2) Despite section 41, a written communication must be dis- patched, without being checked, if it is addressed to any of the persons described in subsection (3).
The persons referred to in subsections (1) and (2) are— (a) (b) a member of Parliament: a Judge or an officer of the court, or a member or an officer of another judicial body: an Ombudsman: the Privacy Commissioner: the Health and Disability Commissioner: a Human Rights Commissioner: an inspector: a lawyer: a health professional: a minister of religion.
(c) (d) (e) (f) (g) (h) (i) (j) Compare: 1992 No 46 s 123(3) 20 25 30 Approval and inspection of items Delivery of items must be approved An item may not be delivered to a residence for a resident 35 unless the delivery is approved by the residence manager.

43 30 Public Safety (Public Protection Orders) Bill Part 1 cl 43B 43A Items intended for, or intended to be sent by, resident (1) (2) (3) (4) sent or delivered to the residence for a resident; or intended to be sent by the resident.
may be inspected The residence manager may inspect any item that is— (a) (b) The purpose of an inspection under subsection (1) is to as- certain whether— (a) (b) the item is a prohibited item; or the receipt of the item by, or the dispatch of the item on behalf of, the resident concerned may— (i) (ii) contravene the resident’s management plan; or be otherwise detrimental to the interests and treatment of the resident or of other persons.
5 10 If the manager is satisfied, under subsection (2), that an item inspected is a prohibited item (other than an item that the resi- 15 dent concerned is permitted to possess under rules made under section 104), the manager must deal with the item in accord- ance with section 20A(2) and (3).

If the manager considers that subsection (2)(b) applies to the item, the manager may direct that the item be withheld from 20 the resident or not be dispatched, as the case requires.
Written communications or items withheld or not sent 43B Procedure where written communication or item withheld (1) 25 or not sent If, under section 41, the residence manager withholds from a resident a written communication or, under section 43A(4), withholds an item from a resident, the communication or item must be dealt with as follows: (a) if the address of the sender is known to the manager, it 30 must be returned to the sender: if the address of the sender is not known to the manager, it must either be— (i) (ii) sent to an inspector; or produced to the inspector when he or she next 35 visits the residence after the receipt of the com- munication or item.
(b) 31 Part 1 cl 44 Public Safety (Public Protection Orders) Bill If the manager directs, under section 41 or 43A(4), that a written communication or an item not be dispatched, the com- munication or the item must either be— (a) (b) sent to an inspector; or produced to the inspector when he or she next visits the 5 residence following the manager’s direction.
The manager must inform the resident that a written communi- cation or an item has been withheld or has not been dispatched unless the manager is satisfied that to do so would be detrimen- tal to the interests of the resident or of another person.
Telephone calls may be monitored Interpretation In this section and in sections 45 to 55, unless the context otherwise requires,— completely erased means erased so that it is not retrievable contracted provider means a person engaged by the chief ex- ecutive to provide services in connection with telephone moni- toring device, in relation to a telephone call, includes any answering machine, computer, fax, printer, tape recorder, or telephone disclose a resident call means to disclose the substance, meaning, or purport of a resident call, or of any part of it; and includes— (a) to allow any person to listen to or read a recording of a resident call; and to give or lend to any person a recording of a resident call (b) eligible employee means a person who is an employee of the chief executive, an employee of a contractor, an employee of a contracted provider, or a contracted provider exempt call means a resident call to which section 47 applies information includes data in digital form monitor means to do any or all of the following: listen to, record, and take notes from: (a) listen to, read, and take notes from a recording of (b) 10 15 20 25 30 35 (2) (3) 44 32 Public Safety (Public Protection Orders) Bill Part 1 cl 45 recording, in relation to a resident call, means any means by which all or any part of the call has been captured; and in- cludes— (a) (b) a copy or printout of such a means: a transcript, written translation, or written translation of 5 a transcript, of the call: a copy of a recording of a transcript, written translation, or written translation of a transcript, of the call (c) resident call— (a) means any information transmitted by means of a tele- 10 phone call to which a resident is a party that is con- ducted while the resident is in the residence; and includes part of a resident call (b) telephone call means a call made, using any part or parts of 1 or more telephone systems, between a device and any other 15 device or devices telephone system includes a telephone network translate includes to decode and decrypt; and translation has a corresponding meaning.
Compare: 2004 No 50 s 111 20 45 (1) Purposes of monitoring resident calls The principal purpose of monitoring resident calls is to in- crease the safety of the community by making it easier to— (a) (b) (c) prevent and discourage the commission of offences by, for the benefit of, or with the help or encouragement of, 25 residents; and detect and investigate offences committed by, for the benefit of, or with the help or encouragement of, resi- dents; and prosecute, convict, and punish— (i) residents who commit offences, or who help or encourage other people to commit offences; and people who commit offences for the benefit of, or with the help or encouragement of, residents; and (ii) 30 (d) prevent and discourage escapes from residences.
35 (2) Monitoring resident calls also has the purpose of making it easier to— 33 Part 1 cl 46 Public Safety (Public Protection Orders) Bill (a) maintain the security, good order, and discipline of resi- dences; and protect the safety of residents.

(b) Compare: 2004 No 50 s 112 Resident calls that may be monitored 46 (1) Any resident call that is not an exempt call may be monitored 5 under this Act.
(2) An exempt call may be monitored under this Act if the person undertaking the monitoring does not have reasonable grounds to believe that it is an exempt call.

10 (3) A person listening to a resident call or a recording of a resident call under this Act who forms the view that there are reason- able grounds to believe that it is an exempt call— (a) must promptly stop listening to it; and (b) must take all practicable steps to ensure that every 15 recording of it is destroyed or completely erased.
(4) Subsection (2) is subject to subsection (3).

Compare: 2004 No 50 s 113 Certain resident calls must not be monitored 47 (1) A resident call to which subsection (2) applies is exempt 20 from monitoring under this Act.
This subsection applies to a resident call if, and only if, it is— a call between a resident and a member of Parliament; (a) or a call, relating to the resident’s legal affairs, between a 25 resident and a lawyer— (i) (ii) with whom the resident is discussing the possi- who acts for the resident; or (b) (c) bility of the person’s acting for the resident; or a call between a resident and a person acting, in respect 30 of the resident, in an official capacity as— (i) (ii) (iii) (iv) an Ombudsman; or an inspector; or the Health and Disability Commissioner; or the Privacy Commissioner; or 35 (2) 34 Public Safety (Public Protection Orders) Bill Part 1 cl 48 (v) (vi) 5 10 a member of the Human Rights Commission con- tinued by section 4 of the Human Rights Act 1993, or an employee of the Commission; or a member of the Independent Police Conduct Au- thority; or the Children’s Commissioner; or (vii) (viii) a Justice of the Peace; or a call between a resident and a person acting, in his or her official capacity, on behalf of the International Criminal Court; or a call between a resident and a person (other than a resident) who— (i) is a person of a kind or description for the time being exempted from monitoring under this Act by the Governor-General by Order in Council 15 (being an order specifying a purpose or purposes for which the exemption is granted); and (ii) is acting for a purpose specified in the order; or a call between a resident and a person (other than a resident) for the time being exempted from monitoring 20 under this Act by the chief executive.
(d) (e) (f) Compare: 2004 No 50 s 114 Only certain persons may monitor resident calls 48 (1) No person other than the chief executive or a person who is an eligible employee authorised by the chief executive to moni- 25 tor resident calls (in subsection (2), and sections 50, 51, and 53 referred to as an authorised person) may monitor a resident call under this Act.
(2) A person authorised to monitor resident calls under subsec- tion (1) ceases to be an authorised person if— (a) (b) the chief executive cancels the authority; or the person ceases to be an eligible employee.

30 (3) A person to whom subsection (4) applies may listen to a resi- dent call or a recording of a resident call, or read a transcript of a resident call, if doing so is necessary for, or incidental to 35 any other action or process necessary for, the effective under- taking of the work concerned.
35 Part 1 cl 49 Public Safety (Public Protection Orders) Bill (4) (5) This subsection applies to a person who is undertaking, with the chief executive’s authority, work comprising the adminis- tration, installation, maintenance, repair, testing, or upgrading of a system— (a) by or from which recordings of resident calls are made; 5 or (b) in which recordings of resident calls are stored.

Subsection (1) is subject to subsection (2) and to section 50(4) to (6).
Compare: 2004 No 50 s 115 10 49 Warnings The chief executive must take all practicable steps to ensure that,— (a) on or reasonably promptly after being admitted to a resi- dence, residents are informed in writing— (i) that some of their telephone calls may be moni- tored; and 15 (ii) which types of call are exempt from monitoring; (iii) and the purposes for which information obtained 20 from monitoring may be used; and (b) (c) there are prominently placed in every residence, near telephones that residents are authorised to use, written notices— (i) warning residents that their telephone calls (other 25 than exempt calls) may be monitored; and stating in general terms the purposes for which information obtained from monitoring may be used; and (ii) at the start of every outward resident call that is being 30 or is to be monitored, the resident hears, and there is transmitted to the device to which the call is made, a message to the effect that the call may be monitored.
Compare: 2004 No 50 s 116 Authorised disclosure of information 50 (1) An authorised person may disclose a resident call for a purpose set out in section 45 as a purpose of monitoring resident calls.
35 36 Public Safety (Public Protection Orders) Bill Part 1 cl 51 (2) An authorised person may disclose a resident call if the au- thorised person believes on reasonable grounds that the dis- closure— (a) is necessary to avoid prejudice to the maintenance of the law by a public sector agency (within the meaning of the 5 Privacy Act 1993), including the prevention, detection, investigation, prosecution, and punishment of offences; or is necessary for the conduct of proceedings (already commenced or reasonably in contemplation) before a 10 court or tribunal; or is necessary to prevent or lessen a serious and imminent threat to public health, public safety, or the life or health of any person; or has been authorised by the Privacy Commissioner under 15 section 54(1) of the Privacy Act 1993.
(b) (c) (d) (3) An authorised person may disclose a resident call to the resi- dent concerned.

(4) An authorised person who is listening to a resident call may allow any eligible employee to listen to the call for the purpose 20 of interpreting it.

(5) An authorised person may allow any eligible employee to lis- ten to a recording of a resident for the purpose of providing a transcript, a written translation, or both.
(6) An authorised person may allow any eligible employee to read 25 a transcript of a resident call for the purpose of providing a written translation.

Compare: 2004 No 50 s 117 Restrictions on disclosure of information 51 (1) An authorised person must not knowingly disclose a resident 30 call otherwise than under section 50 or in accordance with the Privacy Act 1993.
(2) An authorised person who is listening to a resident call must not knowingly allow any other person to listen to it, except under section 50.

35 (3) An eligible employee (other than an authorised person) who, under section 50, has been allowed to listen to a resident call 37 Part 1 cl 52 Public Safety (Public Protection Orders) Bill or a recording of a resident call, or to read a transcript of a resident call, must not knowingly disclose the call except to an authorised person.
(4) A person who, under section 50(2), has heard a resident call or a recording of a resident call, or read a transcript of a resi- 5 dent call, must not knowingly disclose the call except to an authorised person.

Compare: 2004 No 50 s 118 52 53 (1) Application of Privacy Act 1993 The Privacy Act 1993 applies to the monitoring of resident 10 calls under sections 45 to 55.
Compare: 2004 No 50 s 119 Destruction of recordings The chief executive must take all practicable steps to ensure that every recording of a resident call held by the chief execu- 15 tive is destroyed, or completely erased,— (a) on or before the expiration of the period of 6 months after the call was made; or as soon after that expiration as it appears that no infor- mation contained in it would be likely to be— (i) (b) required for the purposes of an investigation into an offence or possible offence; or required for the purposes of an investigation into the possibility that an offence may be committed in the future; or required for evidence in a prosecution or possible prosecution for an offence; or required to be disclosed under the Privacy Act 1993.
(ii) (iii) (iv) 20 25 (2) Despite subsection (1), if the Privacy Commissioner has no- 30 tified the chief executive in writing that a complaint has been made under the Privacy Act 1993 in relation to the recording, the recording must not be destroyed or erased in accordance with that subsection until the Privacy Commissioner has noti- fied the chief executive in writing that the complaint has— 35 (a) (b) not been proceeded with; or been finally disposed of.
38 Public Safety (Public Protection Orders) Bill Part 1 cl 54 (3) The Commissioner of Police or, as the case may be, the chief executive of a department of State specified in Schedule 1 of the State Sector Act 1988 must take all practicable steps to ensure that every recording of a resident call held by the Police or that department that was obtained by the monitoring of the 5 call under this Act is destroyed, or completely erased, as soon as it appears that no proceedings (or no further proceedings) will be taken in which any information contained in it would be likely to be required to be produced in evidence.
(4) Nothing in subsections (1) and (3) applies to any record of 10 any information adduced in proceedings in any court or tri- bunal.

Subsection (6) applies if— (a) (5) 2 or more recordings of resident calls are stored in such a way that it is not practicable to destroy or completely 15 erase one without destroying or completely erasing the others; and subsection (1) requires the destruction or complete erasure of 1 or more, but not all, of them.
(b) (6) If this subsection applies, an authorised person may arrange 20 for the recording or recordings that are not required to be de- stroyed or completely erased to be copied, so that the copy or copies may be retained and all the recordings may be destroyed or completely erased.

(7) Any copy made in accordance with subsection (6) is admis- 25 sible in evidence to the same extent that the destroyed record- ing it is a copy of would have been.
Compare: 2004 No 50 s 120 54 Notice to be given of intention to produce evidence of recording Particulars of a recording of a resident call must not be re- ceived in evidence by any court against any person unless the party intending to offer it has given the person reasonable no- tice of the party’s intention to do so, together with— (a) 30 35 either— (i) a transcript of the recording, if the party intends to offer it in the form of a recording; or 39 Part 1 cl 55 Public Safety (Public Protection Orders) Bill (ii) a written statement setting out the full particulars of the recording, if the party intends to offer oral evidence of it; and (b) a statement of the time, place, and date of the call, and of the names and addresses of the parties to the call, if 5 they are known.
Compare: 2004 No 50 s 121 55 (1) (2) 56 (1) Privileged evidence This subsection applies to evidence that— (a) (b) has been obtained by the monitoring of a resident call 10 under sections 45 to 54; and but for the monitoring, would have been privileged by virtue of— (i) any provision of subpart 8 of Part 2 of the Evi- dence Act 2004; or any rule of law governing legal professional priv- ilege.
(ii) Evidence to which subsection (1) applies remains privileged, and must not be given in any court except with the consent of the person entitled to waive the privilege.
Compare: 2004 No 50 s 122 15 20 Restrictions on contacts with persons outside residence Visits from, or oral communication with, certain persons may be excluded The residence manager may decline to permit a resident to receive visits from any person or to communicate orally with any person if there are reasonable grounds for believing that such visits or communications are likely to be harmful to the resident or to any other person or to the orderly functioning of 30 the residence.
25 (1A) The residence manager must not permit a person who is, or who appears to be, under the age of 18 years to visit a resident unless the manager considers that the visit is likely to meet the resident’s rehabilitative needs.
35 40 Public Safety (Public Protection Orders) Bill Part 1 cl 57 (2) Visits from, or oral communications with, a person specified in section 42(3) may not be declined, but any visit that, in the opinion of the residence manager unduly interferes with the programme of the residence, may be rescheduled to a rea- sonable time and date agreed on by the manager, the visitor, 5 and the resident.
(3) Any decision taken under subsection (1) or (1A) must be recorded in a register as prescribed in guidelines or instruc- tions.
Searches 10 15 57 (1) Search of residents and residence For the purpose of detecting a prohibited item or an item that may endanger the health and safety of a resident or any other person, the residence manager, a staff member of the resi- dence, or a corrections officer may conduct— (a) (ab) a search of any resident: a search of any item carried by, or in the possession of, any resident: a search of the residence or any part of the residence: a search of any item that is in, or is taken or delivered 20 to, the residence.
(b) (ba) (2) A search conducted under subsection (1) may take the form of a rub-down search, a scanner search, or an x-ray search, but may only include a strip search of the resident if the person conducting the search has reasonable grounds for believing 25 that the resident has in his or her possession any prohibited item or an item that may endanger the health and safety of a resident or any other person.
Every resident may be strip searched by the residence man- ager, a staff member of the residence, or a corrections officer 30 when the resident enters or leaves the residence or the prison within which the residence is physically located.

(3) (4) Despite subsections (1) and (2), a corrections officer may not search a resident while the resident is in the residence.
(5) Despite subsection (2), a resident may not be strip searched 35 under that subsection by a person other than the residence manager without the prior approval of that manager.

41 Part 1 cl 57A Public Safety (Public Protection Orders) Bill (6) Any search conducted under this section must comply with any guidelines or instructions issued that are relevant to the conduct of searches.
57A Search of persons other than residents (1) The residence manager or a staff member of the residence may, 5 for the purpose of detecting any prohibited item, conduct a scanner search of any person who wishes to enter the residence or who is in the residence.
If the residence manager or a staff member of the residence has reasonable grounds to suspect that any person who wishes 10 to enter a residence or who is in a residence has in his or her possession any prohibited item, the residence manager or the staff member may, with that person’s consent, conduct a rub- down search of that person.
(2) (3) Any person who refuses to submit to a scanner search or to a 15 rub-down search— (a) must be refused admission to the residence: (b) if the person is already inside the residence, may be required to leave the residence.

Compare: 2004 No 50 s 99(1), (3), (4) 20 57B Authority to search property (1) Authority conferred by this Act to conduct a scanner search of any person includes the authority to search any item carried by, or in the possession of, that person.
(2) Authority conferred by this Act to conduct a rub-down search 25 of any person includes the authority to search— (a) (b) any item carried by, or in the possession of, that person: any outer clothing removed, raised, lowered, or opened for the purposes of the search: any head covering, gloves, or footwear (including socks 30 or stockings) removed for the purposes of the search.
(c) (3) Authority conferred by this Act to conduct a strip search or x-ray search of any resident includes the authority to search— lowered, or (a) any item of clothing removed, raised, opened for the purposes of the search: 35 42 Public Safety (Public Protection Orders) Bill Part 1 cl 57D (b) any item carried by, or in the possession of, that resi- dent.
(4) Authority conferred by this Act to search any item includes the authority to use any force that is reasonable in the circum- stances for the purpose of breaking open that item.

5 (5) Authority to search a residence or an item includes the author- ity to use an aid or aids such as a chemical substance or x-ray or imaging equipment or some other mechanical, electrical, or electronic device, or other similar aid.
Compare: 2004 No 50 s 96(1)-(3), (6), (7) 57C Use of dogs for searching (1) In exercising any power of search conferred by this Act, the residence manager, a staff member of the residence, or a cor- rections officer conducting the search may have with him or her, and use for the purposes of searching, any dog.
(2) Any dog used for searching must be under the control of— 10 15 (a) (b) the residence manager, a staff member of the residence, or a corrections officer conducting the search; or any other person (being a constable, an officer of Cus- toms, or any member of the Armed Forces) who may ac- 20 company the person conducting the search for the pur- poses of that search.
(4) (3) When a dog is used for the purposes of searching any person, the person who has control of the dog must not allow that dog to come into physical contact with the person being searched.
25 The residence manager, staff member of the residence, or cor- rections officer who uses a dog for the purposes of searching a person must conduct the search with decency and sensitivity and in a manner that affords to the person being searched the greatest degree of dignity consistent with the purpose of the 30 search.
Compare: 2004 No 50 s 97 57D Taking and inspecting items appearing to be prohibited (1) If, in the course of a search under section 57 or 57A, the resi- dence manager suspects on reasonable grounds that an item 35 43 Part 1 cl 58 Public Safety (Public Protection Orders) Bill (2) (3) (4) 58 (1) (2) (3) is a prohibited item, the manager may take possession of the item, by force if necessary.

The manager may retain any item taken under subsection (1) for the purpose of inspecting the item.
If the residence manager is not satisfied that an item taken 5 under subsection (1) is a prohibited item, or considers that the resident concerned is permitted to possess the item in terms of a permission given under rules made under section 104, the residence manager must return the item to the person en- titled to it.
If the residence manager is satisfied that the item is a prohib- ited item (other than an item that the resident concerned is per- mitted to possess in terms of a permission given under rules made under section 104), the residence manager must deal with the item in accordance with section 20A(3).
10 15 Drug or alcohol tests Resident may be required to submit to drug or alcohol test If the manager has reasonable grounds to believe that a resi- dent has used any substance that falls within any of para- graphs (b) to (bb) of the definition of prohibited item in sec- 20 tion 3, or consumed alcohol without permission, the manager may require the resident to submit to a test for the purpose of detecting whether the resident has used any of those sub- stances or consumed alcohol, or both.
The tests administered under subsection (1) must comply 25 with any guidelines or instructions that are relevant to the ad- ministration of such tests.

The guidelines or instructions may specify the kinds of sample that a resident may be required to supply (including, without limitation, a sample of saliva, hair, breath, or urine, or other 30 bodily sample) and the circumstances and manner in which any sample is to be supplied.
(4) However, in no case may a resident be required to supply a sample of his or her blood.

44 Public Safety (Public Protection Orders) Bill Part 1 cl 61 59 Resident must be informed of results of test If, under section 58, a resident submits to a test, the man- ager must ensure that the resident is informed, promptly and in writing, of the result of the procedure.
Compare: 1954 No 51 s 36BC 5 Restrictions on use of result of test 60 (1) Neither the fact that a resident has been required, under sec- tion 58, to submit to a drug or alcohol test nor any informa- tion obtained from that test is admissible as evidence against any resident or any other person in any proceedings other than 10 any application under section 15, 16, 72, 75, or 76.
To avoid doubt, subsection (1) does not prevent any fact or information from being presented to, or considered by, the review panel.

(2) Seclusion 15 61 (1) (2) (3) Seclusion For the purposes of this section, seclusion, in relation to a resident, means placing the resident without others in a room or other area that— (a) provides a safe environment for the resident throughout 20 the resident’s stay in the room or area; but (b) does not allow the resident to leave without help.
The manager may place a resident in seclusion if it is necessary to prevent the resident from doing 1 or more of the following: (a) endangering the health or safety of the resident or of 25 others: seriously compromising the care and well-being of other persons: significantly disrupting the orderly functioning of the residence.
(b) (c) 30 The manager who places a resident in seclusion— (a) must ensure that the resident is not placed in seclusion for longer than is necessary to achieve the purpose of placing the resident in seclusion; and (b) must comply with guidelines or instructions that are 35 relevant to placing the resident in seclusion.
45 Part 1 cl 62 Public Safety (Public Protection Orders) Bill (4) The following provisions must be followed when a resident is placed in seclusion: (a) (b) (c) in cases other than an emergency, seclusion must be authorised by the manager personally: in an emergency, a resident may be placed in seclusion, 5 without the prior authority of the manager, by a person who, under a delegation given by the manager, has im- mediate responsibility for the resident, but that person must immediately bring the case to the attention of the manager: the duration and circumstances of each episode of seclu- sion must be recorded in a register kept in accordance with guidelines or instructions.
10 Compare: 2003 No 116 s 60 Restraint 15 Restraint of residents 62 (1) A residence manager may restrain a resident if that is neces- sary to prevent the resident from doing 1 or more of the fol- lowing: (a) (b) (c) endangering the health or safety of the resident or of 20 others: seriously damaging property: seriously compromising the care and well-being of the resident or of other persons: escaping from lawful custody.
25 (d) The following provisions must be followed when a resident is restrained: (a) a person exercising the power of restraint may not use a greater degree of force, and may not restrain the resident for longer, than is required to achieve the purpose for 30 which the resident is restrained: no resident may be kept under mechanical restraint for more than 24 hours unless the restraint is approved in writing by a medical practitioner: a person exercising the power of restraint must comply 35 with guidelines or instructions that are relevant to the restraint of the resident: (b) (c) (3) 46 Public Safety (Public Protection Orders) Bill Part 1 cl 63 (d) (e) (f) in cases other than an emergency, the restraint of a resi- dent must be authorised by the manager personally: in an emergency, a resident may be restrained, without the prior authority of the manager, by a person who, under a delegation given by the resident’s manager, has 5 immediate responsibility for the resident, but that per- son must immediately bring the case to the attention of the manager: the duration and circumstances of each episode of re- straint must be recorded in a register kept in accordance 10 with guidelines or instructions.
Compare: 2003 No 116 s 61 Escort of persons subject to detention orders 63 (1) A staff member of the residence, corrections officer, or Police employee who is directed by the chief executive or the resi- 15 dence manager to escort a person subject to an interim deten- tion order or a public protection order to or from a place or to supervise that person while outside the residence or a prison has, in relation to that person, all the powers and functions spe- cified in subsections (2) and (3).
20 (2) A person who may exercise any power under subsection (1) may use any force, and apply any mechanical restraint, that is reasonably necessary for that purpose.
The functions and powers, in relation to the person described in subsection (1), are— (a) (b) (3) preventing that person’s escape from lawful custody: preventing, or detecting and reporting on, the commis- sion or attempted commission by that person of unlaw- ful acts: ensuring good order and discipline on that person’s part: 30 attending to that person’s well-being: attending to the security of any property of that person that is in that person’s possession.
(c) (d) (e) 25 47 Part 1 cl 64 Public Safety (Public Protection Orders) Bill Emergencies 64 (1) Responses to security emergencies If there is a security emergency in a residence, the manager of the prison in which the residence is physically located may, on request by the residence manager, direct 1 or more corrections 5 officers to assist in restoring order at the residence.
(2) A corrections officer who is directed under subsection (1) may— (a) apply any physical force that is reasonably necessary to prevent residents from— (i) harming, or continuing to harm, themselves or others; or damaging, or continuing to damage, property; and (ii) 10 (b) detain and take to a prison any resident who appears to 15 pose such an unacceptably high risk to the resident or to others, or to both, that the resident cannot be safely managed in the residence.
(3) An officer who uses physical force for any of the purposes referred to in subsection (2) may not use any more physical 20 force than is reasonably necessary in the circumstances.
(4) A resident who is taken to a prison under subsection (2)(b) may be detained in the prison, but if the resident’s detention exceeds a period of 24 hours, the chief executive must, within the next working day after the day on which that period of 24 25 hours expires, apply to the court, in respect of the resident, for a prison detention order and an order under subsection (4A).
If it appears to the court on the papers that the application for a prison detention order against the resident is properly made, the court may make an order (an interim prison detention 30 order) ordering that, while that application is pending, the resident continue to be detained in the prison.

(4A) (4B) Section 73 applies to a person who is taken to a prison under subsection (2)(b) or who is subject to an interim prison de- tention order as if the person were subject to a prison detention 35 order.
48 Public Safety (Public Protection Orders) Bill Part 1 cl 64A (5) (4C) The interim prison detention order ceases to have effect when the application for the prison detention order is finally deter- mined or is discontinued.

If the court declines to grant an interim prison detention order, the resident must be immediately returned to a residence.
In this section, security emergency means a state of affairs, brought about by the conduct of 1 or more persons in a resi- dence, that leads the residence manager reasonably to believe that persons or property in the residence cannot be protected from harm or damage without assistance.
Compare: 2004 No 50 s 83(2) (6) 5 10 64A Assumption of control by manager of prison during civil (1) defence emergency If a civil defence emergency affects the area in which a prison and a residence are physically located, the manager of the 15 prison may, by written notice to the manager of the residence, assume control over the residence and the residents in the resi- dence.
(2) Despite subsection (1), a notice under that subsection may be given orally if the manager of the prison considers that the 20 notice is required as a matter of urgency and, in that case, the manager of the prison must provide the manager of the resi- dence with a written record of the notice as soon as practicable.
(3) As soon as a notice is given under subsection (1), the man- ager of the residence must exercise or perform his or her 25 powers, duties, and functions under this Act subject to the direction of the manager of the prison.

(4) A notice under subsection (1) ceases to have effect as soon as the manager of the prison informs the manager of the residence in writing that the notice is no longer required.
In this section, civil defence emergency means a situation that— (a) (5) 30 is the result of any happening, whether natural or otherwise, including, without limitation, any explo- sion, earthquake, eruption, tsunami, land movement, 35 flood, storm, tornado, cyclone, serious fire, leakage or spillage of any dangerous gas or substance, technolog- 49 Part 1 cl 64B Public Safety (Public Protection Orders) Bill ical failure, infestation, plague, epidemic, failure of or disruption to an emergency service or a lifeline utility, or actual or imminent attack or warlike act; and causes or may cause loss of life or injury or illness or distress or in any way endangers the safety of persons 5 or property.
(b) 64B Relocation of residents to prison where residence becomes uninhabitable (1) Where, for any reason, a residence is destroyed or becomes un- inhabitable, the manager of the prison in which the residence 10 is physically located may, on request by the residence man- ager, direct 1 or more corrections officers to detain and take the residents to the prison or, if that prison has also been de- stroyed or has become uninhabitable, to another prison.
(2) Where 1 or more residents are taken to a prison under sub- 15 section (1), the residents may be detained in the prison, but if the residents’ detention exceeds a period of 72 hours, the chief executive must, within the next working day after the day on which that period of 72 hours expires, apply to the court under section 64C for a transitional detention warrant authorising 20 the continued detention of those residents.

(3) Nothing in this section limits section 64A.


(4) Section 73 applies to a person who is taken to a prison under subsection (1).

64C Transitional detention warrants (1) The chief executive may make 1 or more applications to the court for a transitional detention warrant in respect of 1, some, or all of the residents who have been taken to a prison under section 64B.
25 (2) An application for a transitional detention warrant must set out 30 the following particulars: (a) the names of the residents in respect of whom the appli- cation is made and details of the orders that have been made under this Act against each resident: the circumstances that led to the residents being taken 35 to a prison under section 64B: (b) 50 Public Safety (Public Protection Orders) Bill Part 1 cl 66 (3) (c) why it is currently impossible, or impracticable, or un- desirable to transfer the residents to another residence.
The court may issue a transitional detention warrant in respect of 1 or more residents if satisfied that— (a) the residence in which the residents previously resided 5 has been destroyed or has become uninhabitable; and it is currently impossible, or impracticable, or undesir- able to transfer the residents to another residence.
(b) (4) A transitional detention warrant expires on the close of the 90th day after the date on which it is issued, but the chief ex- 10 ecutive may apply for a further transitional detention warrant in respect of 1 or more residents who are subject to such a war- rant.

Section 73 applies to a person to whom a transitional deten- tion warrant applies.
15 (5) Subpart 5—Inspections and complaints into alleged breaches of rights Visits by inspectors 65 (1) An inspector must visit each residence for which he or she is (2) responsible at regular intervals in each year.

Each residence must be visited, under subsection (1), at least twice a year or on a greater number of occasions that the chief executive directs.

(3) An inspector may, without previous notice, visit a residence as often as the inspector thinks fit.
(4) An inspector may visit a residence at any time and for any 20 25 length of time that the inspector thinks fit.

Compare: 1992 No 46 s 96 Inspectors’ access to persons and documents 66 (1) An inspector who visits a residence for the purposes of this 30 Act must be given access to every part of the residence and to every person in it, whether or not that person is a resident under this Act.
The manager must present to the inspector— (2) 51 Part 1 cl 67 Public Safety (Public Protection Orders) Bill (a) (b) every record relating to a resident, including the resi- dent’s court order and management plan; and every communication or item withheld by the manager under section 41 or 43A(4).

Compare: 1992 No 46 s 97 5 Complaints about breaches of rights 67 (1) Anyone may complain to an inspector about the breach of a (2) resident’s rights.
The manager or staff member of a residence who receives a complaint about a breach of the resident’s rights must refer the 10 complaint to an inspector.

Investigation by inspectors 68 (1) An inspector may, on his or her own initiative or on receipt of a complaint, commence an investigation into an alleged breach of this Act or of regulations made under this Act or of any 15 guidelines or instructions.
(3) (2) As soon as is reasonable in the circumstances after an inspector receives an oral or written complaint made by or on behalf of a resident, the inspector must investigate the complaint unless satisfied that the complaint is frivolous or vexatious or is not 20 made in good faith.
If, after investigating the complaint, the inspector is satisfied that the complaint has substance, the inspector must, as soon as is reasonable in the circumstances,— (a) conduct an inquiry under section 70 into the com- 25 plaint; or report the matter, together with any recommendations, to the manager.

(b) (4) The inspector must send a copy of any report prepared under subsection (3)(b) to the chief executive.
Compare: 2003 No 116 s 98 30 69 Resident to be informed of outcome of investigation (1) On receiving a report on an investigation under section 68(3)(b), the manager must report in writing the outcome of the investigation to— 35 52 Public Safety (Public Protection Orders) Bill Part 1 cl 71 (2) (a) the resident whose rights were in issue in the investiga- tion; and any person who complained on behalf of the resident.
(b) If the resident is not satisfied with the outcome of the com- plaint, he or she may request the chief executive to examine 5 the complaint, and the chief executive must consider if further investigation is warranted.

Compare: 1992 No 46 s 75 (3) (2) Inquiries by inspector 70 (1) Any inspector may inquire into an alleged breach of this Act 10 or of regulations made under this Act or of any guidelines or instructions.
The chief executive may direct an inspector to conduct an in- quiry under subsection (1), and that inspector must com- ply with that direction as soon as is reasonable in the circum- 15 stances.

For the purpose of conducting an inquiry under this Act, an inspector has the same powers and authority to summon wit- nesses and receive evidence as are conferred on an inquiry by the Inquiries Act 2013, and the provisions of that Act, except 20 section 28 (which relates to costs), apply accordingly.
(4) As soon as practicable after concluding an inquiry under this section, the inspector must send a full report of the inquiry to— (a) (b) the manager and to the chief executive; and if applicable, the resident whose rights were in issue in 25 the investigation; and if applicable, any person who complained on behalf of the resident.
(c) Compare: 1992 No 46 s 95 71 Duty of manager to correct deficiencies On receiving a report under section 68(3)(b) or 70(4)(a), the manager must take all steps reasonably necessary to correct every deficiency identified in the report.
Compare: 2003 No 116 s 100 30 53 Part 1 cl 72 Public Safety (Public Protection Orders) Bill Subpart 6—Prison detention orders 72 (1) (2) Order for detention in prison The court may, on the application of the chief executive, order that a person subject to a public protection order be detained in a prison instead of a residence.
The court may make an order under subsection (1) only if satisfied that— (a) the person would, if detained or further detained in a residence, pose such an unacceptably high risk to him- self or herself or to others, or to both, that the person 10 cannot be safely managed in the residence; and all less restrictive options for controlling the behaviour of the person have been considered and any appropriate options have been tried.
(b) 5 (3) The court may make an order under subsection (1) against 15 a person immediately after making a public protection order against that person.

(4) A prison detention order ceases to have effect if the person against whom it is made ceases to be subject to a public pro- tection order.
20 73 Rights and obligations of person subject to prison detention order A person who is subject to a prison detention order, during the currency of that order,— (a) must be treated in the same way as a prisoner who is 25 committed to prison solely because he or she is awaiting trial; and has the rights and obligations of such a prisoner; and has all the rights conferred on residents by this Act, to the extent that those rights are compatible with the 30 provisions of the Corrections Act 2004 that apply to prisoners described in paragraph (a).
(b) (c) Review by review panel Review of prison detention orders by review panel 74 (1) During the currency of a prison detention order, the review 35 panel must review the continuing justification of the order— 54 Public Safety (Public Protection Orders) Bill Part 1 cl 76 (a) (b) within 1 month after the order is made; and then— (i) (ii) within every succeeding 6 months after the most recent previous review of the order by the review panel; but if an application (other than an application for leave) under section 75 or 76 is pending before the court, within 6 months after the date on which the application is determined or withdrawn.
5 (3) If the review panel considers that the person subject to the 10 prison detention order is no longer eligible to have an order under section 72 imposed on him or her, the review panel may direct the chief executive to apply to the court for a review of the order under section 75.
15 20 25 30 Review by court 75 Application by chief executive for review of prison detention order (1) During the currency of a prison detention order, the chief ex- ecutive must apply to the court for a review of the continuing justification of the order— (a) (b) within 1 year after the order is made; and then, after the first or any subsequent review, at intervals not exceeding 1 year after each previous review; and whenever the review panel directs the chief executive to apply.
(c) (2) 76 For the purpose of calculating any period specified in subsec- tion (1), if the court grants leave for an application under sec- tion 76, the period is suspended until the application is deter- mined or withdrawn.

Application for cancellation by person subject to prison detention order A person who is subject to a prison detention order may, with the leave of the court, apply to the court for the cancellation of the order.
55 Part 1 cl 77 Public Safety (Public Protection Orders) Bill 77 78 79 Court must be provided with relevant reports on person subject to prison detention order On an application under section 75 or 76, the court must be provided with all reports provided to the review panel and may call for any further or supplementary reports by any per- 5 son, including the chief executive, the manager of the prison in which the person subject to the prison detention order is de- tained, and any health assessor.
Cancellation of prison detention order The court may, on an application under section 75 or 76, 10 cancel a prison detention order if satisfied that the person sub- ject to the prison detention order is no longer eligible to have an order under section 72 imposed on him or her.
Consequence of cancellation of prison detention order Where, as a result of the cancellation under section 78, a per- 15 son ceases to be subject to a prison detention order but con- tinues to be subject to a public protection order, the person must be transferred from prison to a residence and then has the status, rights, and obligations of a resident under this Act.
Subpart 7—Protective supervision 20 80 Replacement of public protection order with protective supervision order (1) Where, in the course of a proceeding under section 15 or 16, the court makes a finding under section 17(2B) in respect of a person subject to a public protection order, the court must— 25 (a) (b) cancel the public protection order; and impose a protective supervision order on the person.
(1A) Before the court makes the orders under subsection (1), the court must give each party an opportunity to make submissions on the requirements that should be included in the protective 30 supervision order under section 81.

(1B) As soon as practicable after a protective supervision order is imposed on a person, the person must be released from deten- tion in the residence or the prison, as the case may be.
56 (2) 81 82 83 (1) Public Safety (Public Protection Orders) Bill Part 1 cl 83 If the court imposes a protective supervision order on a person, the chief executive must notify every victim of the person of that order.
Requirements may be included in protective supervision order The court may include in any protective supervision order under section 80 any requirements that the court considers necessary to— (a) 5 reduce the risk of reoffending by the person under pro- tective supervision: facilitate or promote the rehabilitation and reintegra- tion into the community of the person under protective supervision: provide for the reasonable concerns of victims (within the general sense of that term and not merely as defined 15 in section 3) of the person under protective supervi- sion.
10 (b) (c) Notification of requirements Notice of any requirements imposed by the court on a person under a protective supervision order must be provided, in writ- 20 ing, to the following: (a) (b) (c) Compare: 2002 No 10 s 107K(8) the person under protective supervision: the chief executive: the Police.
25 Court may vary requirements of protective supervision order The chief executive or the person subject to a protective super- vision order may apply to the court at any time for a variation or the discharge of a requirement of a protective supervision 30 order.

(2) On a review under section 86 or on an application under sub- section (1), the court may vary or discharge any requirement forming part of the order.
57 Part 1 cl 84 Public Safety (Public Protection Orders) Bill 84 85 86 (1) (2) Review panel may modify requirements to render them less restrictive The review panel may, on an application by the chief executive or the person subject to a protective supervision order, modify a requirement of a protective supervision order, but only if the 5 review panel is satisfied that the modification will render the requirement less restrictive.
Notification of changes If the requirements of a protective supervision order are varied or discharged, the chief executive must give notice of the vari- 10 ation or discharge to— (a) (b) (c) Compare: 2002 No 10 s 107O(1) the person subject to the protective supervision order: the probation officer involved: the Police.
15 Application by chief executive for review of protective supervision order The chief executive must apply to the court for a review of a protective supervision order— (a) (b) (c) The chief executive may apply at any time for a review of the protective supervision order.

within 5 years after the order is made; and then, within 5 years after the first review; and then, at intervals of not more than 10 years.
20 (3) As soon as practicable after an application is made under this 25 section, the chief executive must advise every victim of the person subject to the public protection order that the applica- tion has been made.

87 Application for review by person subject to protective supervision order 30 (1) A person who is subject to a protective supervision order may, with the leave of the court, apply to the court for a review of the order.
(2) As soon as practicable after an application is made under this section, the chief executive must advise every victim of the 35 58 Public Safety (Public Protection Orders) Bill Part 1 cl 90 person subject to the protective supervision order that the ap- plication has been made.

Review of protective supervision order 88 (1) On a review of a protective supervision order, the court must be provided by the chief executive with current reports on the 5 person subject to the order.
(2) On a review, the court must consider the continuing appropri- ateness of the requirements included in the protective supervi- sion order and, where the court has jurisdiction under section 89, whether the order should be cancelled.
10 (2) Cancellation of protective supervision order 89 (1) On a review or on an application made for the purpose by the chief executive or the person who is subject to a protective supervision order, the court may cancel the order if, during a period of 5 years in which the person has been subject to the 15 order, the person has neither— committed any serious sexual or violent offences; nor (a) (b) breached any requirements included in the order.
If a protective supervision order is cancelled, the chief execu- tive must give notice of the cancellation to— (a) (b) (c) (d) the person under protective supervision: the probation officer involved: the Police: every victim of the person formerly subject to protect- ive supervision; but the chief executive may withhold 25 notice of a particular matter if disclosure of the mat- ter would unduly interfere with the privacy of any other person (other than the person formerly subject to pro- tective supervision).
20 90 Offence to breach protective supervision order A person who is subject to a protective supervision order and who breaches, without reasonable excuse, any requirements included in that order is liable on conviction to imprisonment for a term not exceeding 2 years.
30 59 Part 2 cl 90A Public Safety (Public Protection Orders) Bill Part 2 Procedural, administrative, and miscellaneous matters Subpart 1—Procedural matters Procedure governing applications to court 90A Applications to be made by originating application The following applications must be made by originating ap- plication: (a) an application for a public protection order or a prison detention order: an application for a review of a public protection order, a prison detention order, or a protective supervision order: an application under section 83: an application under section 89.
(b) (c) (d) 5 10 15 Service of applications 91 (1) When the chief executive makes an application to the court under this Act, the person to whom the application relates must be served personally with— (a) (b) a copy of the application; and copies of any affidavits accompanying the application; and a copy of any health assessor’s report to be provided to the court; and a notice setting out the respondent’s rights and the pro- 25 cedures relating to the application.
(c) (d) 20 The service must comply with the High Court Rules governing personal service.

Respondent who fails to appear may be brought to court If a respondent who has been duly summoned to attend a hear- 30 ing fails to appear at the hearing, the Judge may issue a warrant for the respondent to be detained and brought before the court.

The warrant must be directed to every constable.

The warrant may be executed by any constable.


(2) 92 (1) (2) (3) 60 (4) 93 (1) Public Safety (Public Protection Orders) Bill Part 2 cl 94 For the purposes of executing the warrant, the constable exe- cuting it may at any time enter any premises, by force if ne- cessary, if he or she has reasonable grounds to believe that the respondent is on those premises.
Court may order interim detention of, or interim imposition of conditions on, respondent This section applies when, before an application for a public protection order is finally determined, 1 or more of the follow- ing events occur: (a) (b) a respondent is released from detention: a respondent who is subject to an extended supervision order ceases to be subject to conditions of the kind re- ferred to in section 7(1)(b) or (c): the respondent is brought before the court under sec- tion 92: the court gives a direction under section 12(2): a respondent to whom section 7(1)(d) applies arrives in New Zealand.
(c) (d) (e) 5 10 15 (2) The court may, on an application by the chief executive, order that, until the application for a public protection order is finally 20 determined, the respondent is to be detained by a person, and in a place, specified in the order.

(3) When the court makes an order under subsection (2) (an in- terim detention order), the court may suspend that order sub- ject to any conditions that the court thinks fit.
25 (4) An order under this section ceases to have effect when the application for a public protection order is finally determined or discontinued.

94 (1) (2) Evidence in proceedings under this Act In a proceeding under this Act, a court may receive as evi- 30 dence any statement, document, information, or matter that it considers relevant, whether or not it would be otherwise ad- missible in a court of law.
This section is subject to— (a) (b) subpart 8 of Part 2 of the Evidence Act 2006; and any rule of law governing legal professional privilege.

35 61 Part 2 cl 95 Public Safety (Public Protection Orders) Bill 95 96 (1) (2) Court may determine whether hearings are held in open or closed court The court may determine whether to hold any hearing related to a public protection order, prison detention order, or protect- ive supervision order in closed or open court.
5 Court may suppress evidence and submissions The court may make an order forbidding publication of any report or account of the whole or any part of the evidence given or the submissions made in any proceeding under this Act.
The court may make an order under subsection (1) only if 10 the court is satisfied that publication would be likely to— (a) cause undue hardship to any victim (within the general sense of that term and not merely as defined in sec- tion 3) of a person subject to an order under this Act or against whom such an order is sought; or endanger the safety of any person; or lead to the identification of a person whose name is sup- pressed by order or by law; or prejudice the maintenance of the law, including the pre- vention, investigation, and detection of offences; or prejudice the security or defence of New Zealand.
15 20 (b) (c) (d) (e) 96A Suspension of proceedings in certain cases (1) (b) This subsection applies if, while an application for a public protection order is pending, the respondent is detained— (a) in a hospital under the Mental Health (Compulsory As- 25 sessment and Treatment) Act 1992; or in a facility under the Intellectual Disability (Compul- sory Care and Rehabilitation) Act 2003; or in a prison otherwise than under this Act.
(c) If subsection (1) applies, the proceeding on the application 30 for the public protection order is suspended until the respond- ent is no longer detained in the hospital, facility, or prison.
(2) 62 97 (1) (2) 98 Public Safety (Public Protection Orders) Bill Part 2 cl 98 Matters governing reviews by review panel Reports to be provided to review panel For the purposes of any review under section 14 or 74, the chief executive must provide the review panel with— (a) (b) (c) (d) (e) (f) 10 a copy of the public protection order made against the 5 person and, where applicable, of the prison detention order and of all reports about the person that were before the court when either order was made; and a copy of the report on the most recent assessment of the person by a health assessor; and in the case of a resident, the resident’s management plan and a report by the manager of that residence; and in the case of a person subject to a prison detention order, a report by the manager of the prison; and in the case of a person currently detained in, or on leave 15 from, a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or a facility under the Intellectual Disability (Compulsory Care and Re- habilitation) Act 2003, a report from the responsible clinician (or the most suitable other health professional 20 to provide such a report) concerning the person and any care programmes that the hospital has put, or intends to put, in place for the person; and any further or supplementary reports requested by the review panel, to be provided by any person, includ- 25 ing the chief executive, the manager of the prison or the residence in which the person is detained, and any health assessor.
The responsible clinician (or other health professional) re- ferred to in subsection (1)(e) must, on request by the chief 30 executive, supply a report on the person to the chief executive.

Interview of person For the purposes of any review under section 14 or 74, the review panel must interview the person who is subject to a public protection order or prison detention order, unless the 35 person indicates to the review panel that he or she does not wish to be interviewed.
63 Part 2 cl 99 Public Safety (Public Protection Orders) Bill Subpart 2—Matters relating to management or administration 99 (1) (2) Establishment of residences The Minister may, by notice in the Gazette, declare any build- ing located in prison precincts or any part of that building and 5 any land adjacent to that building to be a residence.

Before making a declaration under subsection (1), the Min- ister must be satisfied that the proposed residence will be sep- arate and secure.
(3) When the notice takes effect, the building or the part of the 10 building and any adjacent land are excluded from the prison and cease to be subject to the Corrections Act 2004.
(4) Despite subsection (3), for the purposes of the Resource Management Act 1991, the land specified in the notice con- tinues to be part of the prison in which it is located and the use 15 of the land as a residence is deemed to be an authorised use under any existing designation or provisions of any plan that applies to the prison under that Act.

Every notice under this section takes effect from the date spe- cified in the notice.
The building or the part of the building and any adjacent land declared to be a residence may be described in the notice in any way that is sufficient to identify it.
(6) (5) 20 100 Appointment of residence manager (1) For every residence that is not subject to a residence manage- 25 ment contract, the chief executive must appoint under the State Sector Act 1988— (a) (b) (c) a suitable person as the residence manager; and a suitable person as the deputy residence manager; and as many other suitable persons as are required as em- 30 ployees for the purposes of the residence.
For every residence that is subject to a residence management contract, the contractor must appoint— (a) (b) (c) a suitable person as the residence manager; and a suitable person as the deputy residence manager; and 35 as many other suitable persons as are required as em- ployees for the purposes of the residence.
(2) 64 Public Safety (Public Protection Orders) Bill Part 2 cl 102 (3) A person must not perform any functions under the Correc- tions Act 2004 while that person is a residence manager or an employee for the purposes of the residence.
101 Powers and functions of residence managers (1) The residence manager has, in relation to the residence for 5 which the manager is appointed as manager, the following powers and functions: (a) ensuring that the residence operates in accordance with the objective set out in section 4 and the principles set out in section 5: ensuring the welfare of residents, staff, and visitors: ensuring the safe custody of residents: (b) (c) (d) making rules for the residence under section 104: (e) protecting the rights of residents and ensuring that any limitation of those rights is lawful: any other powers and functions conferred under this Act or regulations made under this Act or any other enact- ment.
(f) 10 15 (2) On the occurrence from any cause of a vacancy in the office of the residence manager, and in the case of the absence from 20 duty of the person appointed as residence manager (from what- ever cause arising), and for so long as any such vacancy or ab- sence continues, the deputy residence manager has and may exercise and perform all of the powers, duties, and functions of the residence manager.
25 (3) A person must not perform any functions under the Correc- tions Act 2004 while that person is a residence manager or an employee for the purposes of the residence.

Compare: 2004 No 50 s 12 102 Manager of residence may delegate powers and functions The residence manager may delegate any of his or her powers (1) or functions, except this power of delegation and the power to make rules under section 104, to a person who is suitably qualified to exercise them.
The manager must make the delegation in writing and sign it.

35 (2) 30 65 Part 2 cl 103 Public Safety (Public Protection Orders) Bill (3) (4) (5) (6) The delegation may be subject to any conditions or limits, or both.

The manager is not prevented from exercising, or affected in his or her exercise of, any of the delegated powers or functions.

The delegate may exercise the powers or functions in the same 5 manner and with the same effect as if they had been conferred on the delegate directly by this Act.
Every person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in ac- cordance with the terms of the delegation.

10 103 Status of delegations (1) A delegation made under section 102 continues in force ac- (2) (3) cording to its tenor until it is revoked.

If the maker of the delegation ceases to hold office, the dele- gation continues to have effect as if made by the successor of 15 the office holder.
The maker of the delegation, or successor, may revoke the delegation at any time by written notice to the delegate.

104 Manager may make rules for residence (1) The chief executive may authorise the residence manager to 20 make rules that the manager considers appropriate for the man- agement of the residence and for the conduct and safe custody of the residents.
(2) An authorisation given by the chief executive under subsec- (3) tion (1) may be subject to any conditions or any limitations 25 placed on the scope or subject matter of the rules.
Rules made under subsection (1), may, without limitation, authorise the manager to permit residents to possess prohibited items, subject to limits specified in the rules and subject to the manager being satisfied of certain matters specified in the rules 30 concerning the protection of the order of the residence and the health and safety of any person.

(4) Any rules made under subsection (1) may be revoked at any time by the residence manager or the chief executive.
(5) Any rules made under subsection (1) must not be inconsist- 35 ent with this Act or any regulations made under this Act.

66 Public Safety (Public Protection Orders) Bill Part 2 cl 105 (6) (7) Rules made under subsection (1) are not disallowable instru- ments for the purposes of the Legislation Act 2012 and do not have to be presented to the House of Representatives under section 41 of that Act.
Rules made under subsection (1) may regulate the exercise 5 of coercive powers conferred by this Act, but may not confer any additional coercive powers.
Compare: 2004 No 50 s 33 105 Chief executive may provide guidelines or instructions (1) The chief executive may provide to residence managers and to 10 persons exercising powers under section 63(1)— (a) guidelines on the exercise of powers under this Act or any regulations made under this Act: instructions or guidelines relating to procedures to be followed or standards to be met— (i) (ia) (ii) in the management of residences: in providing for the safe custody of residents: in escorting persons pursuant to directions under section 63.
15 (b) (2) The chief executive must ensure that guidelines are provided, 20 under subsection (1), relating to the exercise of coercive powers.

(4) (3) All guidelines and instructions provided under subsection (1) are disallowable instruments for the purposes of the Legis- lation Act 2012 and must be presented to the House of Repre- 25 sentatives under section 41 of that Act.
The chief executive must— (a) publish all instructions provided under subsection (1) on the Internet site maintained by the department; and (b) make sufficient copies of any instructions provided 30 under subsection (1) available for public inspection, free of charge, at the head office of the department dur- ing normal office hours; and (c) make sufficient copies of those instructions available either for distribution free of charge or for purchase at a 35 reasonable price during normal office hours at the head office of the department.
Compare: 2003 No 116 s 148 67 Part 2 cl 106 Public Safety (Public Protection Orders) Bill 106 Matters to be included in annual report of department (1) The department’s annual report under section 43 of the Public Finance Act 1989 must state in respect of the year to which the report relates— (a) 15 the number of persons who, at the end of that year, 5 are detained, under this Act, in residences and state, for each person so detained, the number of months for which the person has been detained in a residence: the number of persons who, at the end of that year, are detained, under this Act, in prisons and state, for each 10 person so detained, the number of months for which the person has been detained in prison, and the reasons for that detention: the number of persons who have been released on pro- tective supervision: the number of persons who were on protective supervi- sion and who have again been detained under this Act: the number of times that the chief executive applied to the court, ahead of time and pursuant to a direction of the review panel, for a review of a public protection 20 order: the number of appeals against orders made under this Act, and the outcome of each appeal: the number and nature of any serious incidents involv- ing residents or staff members of residences, or both: the number and nature of any incidents involving the use of significant force or restraints on residents: the number of times seclusion was imposed on resi- dents, and the duration of, and reasons for, each episode of seclusion: the number of times that residents were hospitalised: the number of residents who died: the number of emergencies in residences that required assistance from correction officers: any other matter that the chief executive considers 35 should be included in the annual report.
30 25 (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) The annual report referred to in subsection (1) must also in- clude a report on the activities undertaken by inspectors dur- ing the year to which the annual report relates.

(2) 68 Public Safety (Public Protection Orders) Bill Part 2 cl 109 Review panel 107 Establishment and constitution of review panel (1) A review panel is established.

(2) (3) (4) (5) The review panel consists of 6 members appointed by the Min- ister of Justice by written notice.
The Minister of Justice must nominate 1 member of the review panel as its chairperson and another member of the review panel as its deputy chairperson, and a member so nominated must hold, or have held, office as a High Court Judge or as a District Court Judge.

Before the Minister of Justice appoints a person as a member, the Minister of Justice must be satisfied that the person has ex- perience and expertise in assessing the potential for individu- als to pose a high risk to public safety.
The review panel must include— (a) (b) at least 2 members who are health assessors; and at least 4 members who have experience in the operation of the New Zealand Parole Board.

5 10 15 108 Meetings of review panel (1) The quorum necessary for any meeting of the review panel is 20 3 members, who must include— (a) (b) (c) the chairperson or deputy chairperson; and 1 health assessor; and 1 member who has experience in the operation of the New Zealand Parole Board and who is not a health as- 25 sessor.
(2) The decision of the majority of members in attendance at a meeting is the decision of the review panel.

(3) At any meeting of the review panel, the review panel may receive and take into consideration whatever information it 30 thinks fit, whether or not the information would be admissible as evidence in a court of law.

The review panel may regulate its own procedure.


(4) 109 Term of appointment, and reappointment (1) Every member of the review panel, including the chairperson, 35 must be appointed for a term of 3 years or less.

69 Part 2 cl 110 Public Safety (Public Protection Orders) Bill (2) A member continues in office despite the expiry of his or her term of office until— (a) (b) the member is reappointed; or the member’s successor is appointed.
(3) A member who participates in a review that is not complete on 5 the date that he or she ceases to be in office may complete his or her participation in the review after that date and is, for that purpose, deemed to be in office until the review is complete.

(4) Any member may be reappointed any number of times.

(5) A member may at any time resign from office by written notice 10 (6) to the Minister of Justice.
The Minister of Justice may at any time remove a member from office for just cause, and the member is not entitled to compensation for removal.

Compare: 2002 No 10 ss 120, 121 110 Remuneration and expenses of members (1) The remuneration of any member of the review panel who is a District Court Judge or a Judge of the High Court must, so far as it relates to the Judge’s membership of the review panel, be determined by the Remuneration Authority.
Every other member of the review panel must be paid fees and expenses in accordance with the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies.

(2) 15 20 (3) A person is not employed in the service of the Crown, for 25 the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956, merely as a result of being a member of the review panel.
Compare: 2002 No 10 s 122 Immunity of members No member of the review panel is personally liable for any act or omission done in pursuance, or intended pursuance, of the panel’s functions, unless the act or omission was done in bad faith.
Compare: 2002 No 10 s 123 30 35 111 70 Public Safety (Public Protection Orders) Bill Part 2 cl 113 Appointment of inspectors 112 (1) (2) Inspectors For the purposes of this Act, the chief executive may, by writ- ten notice, designate, on any terms and conditions specified in the notice, appoint 1 or more lawyers to be independent in- 5 spectors.

The chief executive must ensure that the number of inspectors appointed under subsection (1) is at all times sufficient for the operation of this Act.
(3) No lawyer appointed under this section may be otherwise em- 10 (4) ployed or engaged by the department.

The Minister may from time to time, with the concurrence of the Minister of Finance, fix the remuneration of inspectors, either generally or in any particular case, and may, with that concurrence, vary the amount or nature of that remuneration.
Compare: 1992 No 46 s 94 15 Visits by specified office holders 113 Right of specified office holders to visit residences (1) A specified office holder may, whenever the office holder con- siders it appropriate, enter a residence and examine it and the 20 condition of the residents, and may inform the residence man- ager of his or her observations.
The residence manager must ensure that any observations of a specified office holder are recorded and that a permanent record of those observations is kept at the residence.

25 (2) (4) (3) A specified office holder is not entitled, under subsection (1), to communicate with any resident except in relation to— his or her treatment in the residence; or (a) (b) a complaint that the resident makes about that treatment.
For the purposes of this section, each of the following is a 30 specified office holder: (a) (b) (c) (d) (e) a member of Parliament: a Judge or an officer of the High Court or another court: an Ombudsman: the Privacy Commissioner: the Health and Disability Commissioner: 35 71 Part 2 cl 114 Public Safety (Public Protection Orders) Bill a Human Rights Commissioner.
(f) Compare: 2004 No 50 s 161 114 Crimes of Torture Act 1989 not limited Nothing in this Act limits the operation of Part 2 of the Crimes of Torture Act 1989.

Compare: 2004 No 50 s 162A 5 Residence management contracts 115 Management of residences under contract (1) The chief executive may, from time to time, in the name and on behalf of the Crown, enter into a contract with any other person 10 for the management, by that other person, of a residence.
(2) No residence may be managed by a person other than the Crown except under a residence management contract.

For the purposes of the Ombudsmen Act 1975 and the Official Information Act 1982, every contract residence is to be treated 15 as part of the department.
Compare: 2004 No 50 s 198 (3) 116 Requirements of residence management contracts (1) Every residence management contract must provide for— (a) (b) (c) objectives and performance standards for the contrac- 20 tor in relation to the management of the residence that are no lower than the standards applicable to residences managed by the department; and objectives and performance standards for the contrac- tor in relation to the management and care of residents 25 in the residence that are no lower than the standards ap- plicable to residents in residences managed by the de- partment; and the appointment or engagement by the contractor of— (i) a suitable person as manager of the residence, 30 which appointment or engagement must be sub- ject to approval by the chief executive; and sufficient suitable staff members to enable the contractor to carry out the contractor’s statutory (ii) 72 Public Safety (Public Protection Orders) Bill Part 2 cl 118 and contractual obligations in relation to the resi- dence.
(2) Every residence management contract must impose on the contractor, in relation to the management of the residence, a duty to comply with— (a) 5 (b) (c) (d) (e) the requirements of this Act, of any regulations made under this Act, and of any instructions or guidelines, in so far as those requirements are applicable to the con- tract residence; and the requirements of the New Zealand Bill of Rights Act 10 1990, as if the residence were a residence managed by the department; and the requirements of the Public Records Act 2005, as if records relating to the residence and to residents in the residence were records created or received by the 15 department; and all relevant international obligations and standards; and the requirements of sections 56(1) and (2) and 58(3) of the State Sector Act 1988 (which relate to personnel and equal employment policies), as if the contractor were 20 the chief executive of a department within the meaning of that Act and as if those requirements applied, not only in respect of employees of a contractor, but in respect of all staff members of a contract residence.
Compare: 2004 No 50 s 199 25 117 Delegation of powers and functions of contractor Without limiting sections 41 and 42 of the State Sector Act 1988, those sections of that Act apply in relation to a contract residence as if— (a) the contractor were the chief executive of the depart- 30 ment; and each staff member of the residence were an employee of the department.
Compare: 2004 No 50 s 199A (b) 118 Liability of contractor (1) The Crown is entitled to be indemnified by a contractor— 35 73 Part 2 cl 119 Public Safety (Public Protection Orders) Bill (a) (b) against any claim arising out of any act or omission of the contractor, or the contractor’s employees or agents, for which the Crown is held liable (in whole or in part); and for any act or omission of the contractor, or the contrac- 5 tor’s employees or agents, that results in damage to, or loss of, any property of the Crown.
For the purposes of determining the liability of the Crown or the contractor for any act or omission of a contractor or a con- tractor’s employees or agents, neither the contractor nor the 10 contractor’s employees or agents are to be treated as agents of the Crown.

This section does not limit any other right to indemnification that may be provided in a residence management contract.
Compare: 2004 No 50 s 199B 15 (2) (3) 119 Control of contract residence in emergency (1) This section applies if the chief executive believes, on reason- able grounds,— (a) that either— (i) there exists in respect of any contract residence 20 an emergency affecting the safety or health of the residents or any class or group of residents, or the security of the residence; or there is an imminent threat of such an emergency; and 25 (ii) (b) that the contractor responsible for the management of that residence is unwilling or unable to immediately deal with that emergency or, as the case requires, that threat to the satisfaction of the chief executive.
If this section applies, the chief executive may take over the 30 management of the contract residence from the contractor for any period that the chief executive considers necessary in order to deal with the emergency or threatened emergency, and for that purpose the chief executive— (a) has and may exercise and perform, in respect of the 35 residence, all of the powers, functions, and duties that would otherwise be exercisable or performed by the contractor: (2) 74 Public Safety (Public Protection Orders) Bill Part 2 cl 120 (3) has all other powers that are necessary or desirable.
(b) If the chief executive takes over the management of a contract residence under this section, the chief executive must imme- diately give written notice to the contractor of that action, and of the reasons for that action.
(4) Without limiting any other remedy available to the chief ex- ecutive (whether under the residence management contract or otherwise), if the chief executive acts under subsection (2), then, unless it would be unreasonable or unfair in the circum- stances,— (a) the chief executive is entitled to be reimbursed by the contractor for any costs and expenses incurred in taking that action; and those costs and expenses are recoverable as a debt due to the Crown.
(b) (5) This section applies despite anything in any residence manage- ment contract, and nothing in this section limits or affects— (a) any other right or remedy available to the chief execu- tive or the Crown, whether under any residence man- agement contract or otherwise; or any liability of the contractor under the residence man- agement contract or otherwise.
(b) 5 10 15 20 (6) Neither the chief executive, nor the Crown, nor any other per- son acting by or under the authority of the chief executive is under any civil or criminal liability for anything the chief ex- 25 ecutive or any such person may do or fail to do in the course of the exercise or performance or intended exercise or perform- ance of any powers, functions, or duties under this section, unless it is shown that the chief executive or that other person acted, or failed to act, in bad faith.
Compare: 2004 No 50 s 199H 30 120 Residence management contracts to be presented to House of Representatives (1) Within 12 sitting days after a residence management contract is entered into, the Minister must present a copy of that con- 35 tract to the House of Representatives.
75 Part 2 cl 121 Public Safety (Public Protection Orders) Bill (2) Within 12 sitting days after a residence management contract is varied or renewed, the Minister must present a copy of the terms of that variation or renewal to the House of Representa- tives.
Compare: 2004 No 50 s 199I 5 121 Release of resident information to and by contract residences For the purposes of enabling the chief executive or any staff member of the department to exercise or perform any of his or her powers, duties, or functions, the chief executive or any 10 staff member of the department may access any information that is held (or deemed for the purposes of the Official Infor- mation Act 1982 to be held) by a contract residence and that relates to that contract residence or to any resident.
For the purposes of enabling any staff member of a contract 15 residence to exercise or perform any of his or her powers, du- ties, or functions, any staff member of a contract residence may have access to any information that is held (or deemed for the purposes of the Official Information Act 1982 to be held) by the department and that relates to any resident.
If the department is authorised by any enactment to access or to disclose information relating to any resident,— (a) 20 a staff member of a contract residence is authorised to access or disclose that information as if the contract residence were a part of the department; and the chief executive may require the contractor to access or disclose that information.
(b) Compare: 2004 No 50 s 199J Subpart 3—Miscellaneous matters 25 30 The Governor-General may, by Order in Council, make regu- lations for all or any of the following purposes: (a) (b) (c) ensuring the good management of residences: ensuring the safe custody of residents: providing for the management, care, treatment, well- 35 being, and rehabilitation of residents or persons subject 122 Regulations (1) (1) (2) (3) 76 Public Safety (Public Protection Orders) Bill Part 2 cl 124 (d) to prison detention orders, and for their reintegration into the community: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
5 (2) Regulations under subsection (1) may regulate the exercise of coercive powers conferred by this Act, but may not confer any additional coercive powers.
123 Sentence of preventive detention not affected by this Act This Act does not affect the imposition of any sentence of pre- 10 ventive detention under the Sentencing Act 2002, and, in con- sidering whether to impose such a sentence, the court must not take into account the jurisdiction conferred by this Act to impose orders on offenders who have served determinate sen- tences.
15 123A Suspension of orders in certain cases (1) (b) This subsection applies if, while a person is subject to a pub- lic protection order, a prison detention order, or a protective supervision order, the person is detained— (a) in a hospital under the Mental Health (Compulsory As- 20 sessment and Treatment) Act 1992; or in a facility under the Intellectual Disability (Compul- sory Care and Rehabilitation) Act 2003; or in a prison otherwise than under this Act.
(c) If subsection (1) applies, the relevant order or orders spe- 25 cified in that subsection are suspended until the person is no longer detained in the hospital, facility, or prison.
(2) 124 Claims by persons subject to orders under this Act not affected by Prisoners’ and Victims’ Claims Act 2005 A person is not a person under control or supervision within 30 the meaning of section 4 of the Prisoners’ and Victims’ Claims Act 2005 merely because the person is, or has at any time been, a resident, a person subject to a prison detention order, or a person under protective supervision.
77 Part 2 cl 124A Public Safety (Public Protection Orders) Bill Escaping from residence 124A Amendment to Crimes Act 1961 (1) (2) After section 120(1)(ba), insert: This section amends the Crimes Act 1961.

“(bb) being subject to a public protection order made under 5 the Public Safety (Public Protection Orders) Act 2014, escapes from the residence in which he or she is re- quired to stay under that Act; or”.
Legal aid 124B Amendment to Legal Services Act 2011 (1) (2) This section amends the Legal Services Act 2011.

In section 4(1), definition of specified application, after para- graph (c), insert: “(ca) by a person who is a respondent to an application under 10 the Public Safety (Public Protection Orders) Act 2014, 15 or who is subject to an order under that Act, in respect of an application under that Act; or”.
Access to protection orders and restraining orders 20 124C Amendments to Privacy Act 1993 (1) (2) This section amends the Privacy Act 1993.

In Schedule 5, under the heading “Police records”, items relat- ing to protection orders and restraining orders, paragraph (d), after “conditions”, insert “; or”.
In Schedule 5, under the heading “Police records”, items relat- 25 ing to protection orders and restraining orders, after paragraph (d), insert: “(e) a public protection order, a prison detention order, or a protective supervision order under the Public Safety (Public Protection Orders) Act 2014”.
30 In Schedule 5, under the heading “Police records”, items re- lating to protection orders and restraining orders, replace “of- fender’s sentence and any post-sentence conditions” with “of- fender’s sentence, any post-sentence conditions, or any order under the Public Safety (Public Protection Orders) Act 2014”.

35 (3) (4) 78 Public Safety (Public Protection Orders) Bill Part 2 cl 125 125 Consequential amendments The Acts specified in the Schedule are amended in the man- ner indicated in that schedule.
79 Schedule Public Safety (Public Protection Orders) Bill Schedule Consequential amendments s 125 Corrections Act 2004 (2004 No 50) After section 25(1)(ad), insert: “(ae) to supervise persons released subject to a protective supervision order under the Public Safety (Public Pro- 5 tection Orders) Act 2012 and to ensure that the require- ments included in the order are complied with:”.
After section 65(2)(ab), insert: “(ac) a prisoner is the subject of an application for a public protection order under the Public Safety (Public Protec- 10 tion Orders) Act 2012; or”.

Crimes of Torture Act 1989 (1989 No 106) In section 16, definition of place of detention, after paragraph (f), insert: “(fa) a residence established under section 99 of the Public 15 Safety (Public Protection Orders) Act 2012:”.
Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46) In section 45(1), definition of institution, paragraph (b), after “1966”, insert “; and”.

In section 45(1), definition of institution, after paragraph (b), insert: a residence established under section 99 of the Public Safety (Public Protection Orders) Act 2012”.

“(c) In section 45(1), definition of superintendent, paragraph (b), after “that institution”, insert “; and”.
In section 45(1), definition of superintendent, after paragraph (b), insert: 20 25 “(c) in relation to a residence established under section 99 of the Public Safety (Public Protection Orders) Act 2012, means the residence manager within the mean- 30 ing of that Act.” In section 46, after “detained in a prison”, insert: “or in a residence established under section 99 of the Public Safety (Public Protection Orders) Act 2012”.
80 Public Safety (Public Protection Orders) Bill Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46)—continued In section 47(1), replace “penal institution prison” with “prison or, as the case requires, a residence established under section 99 of the Public Safety (Public Protection Orders) Act 2012”.

In section 47(2) and (4), after “prison”, insert “or, as the case requires, a residence established under section 99 of the Public Safety (Public 5 Protection Orders) Act 2012”.
In section 47(3), after “prison”, insert “or, as the case requires, the residence established under section 99 of the Public Safety (Public Protection Orders) Act 2012”.
After section 48(1)(d)(iii), insert: 10 “(iv) in the case of a person subject to a public protec- tion order under the Public Safety (Public Pro- tection Orders) Act 2012, the date on which that order is cancelled.” Legislative history Introduction (Bill 68–1) First reading and referral to Justice and Electoral Committee Reported from Justice and Electoral Committee (Bill 68–2) Second reading Committee of the whole House (Bill 68–3) 18 September 2012 18 September 2013 15 April 2014 26 November 2014 2 December 2014 12 Published under the authority of the House of Representatives—2014 Wellington, New Zealand: 81