Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698751045663.pdf (New Zealand)
Reprint as at 1 July 2009 Corrections Act 2004 Public Act Date of assent Commencement 2004 No 50 3 June 2004 see section 2 Contents Title Part 1 Preliminary provisions Commencement Interpretation Act binds the Crown Purpose of corrections system Principles guiding corrections system Part 2 Corrections system Subpart 1—Statutory roles and responsibilities Minister, chief executive, and Commissioner of Police 7 8 9 10 Powers and functions of Minister Powers and functions of chief executive Powers and functions of Commissioner of Police Delegation of powers and functions of chief executive Page 12 13 13 25 25 26 28 28 30 30 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Department of Corrections.
1 Corrections Act 2004 Reprinted as at 1 July 2009 Other persons with other powers and functions in relation to prisoners Prison manager and other staff of prisons Powers and functions of prison managers Delegation of powers and functions of prison managers Powers and functions of officers Hearing adjudicators Powers and functions of hearing adjudicators Appointment or engagement of security officers Powers and functions of security officers Visiting Justices Medical officers Protection of officers in discharge of functions Protection of members of Armed Forces Restrictions on exercise of certain powers Persons with powers and functions in relation to administration of community-based sentences, sentences of home detention, conditions of release, parole, or sentences of imprisonment served on home detention Probation officers Functions of probation officers Probation officers may delegate power to supervise offenders on community work Controlling officer of probation area General Inspectors of corrections Powers and functions of inspectors of corrections Subpart 2—Establishment and operation of community work centres Establishment of community work centres Chief executive may make rules for community work centres and offenders carrying out community work Subpart 3—Establishment and operation of prisons Establishment of prisons Manager may make rules for prison Detention and custody of prisoners Detention of prisoners Detention during transit Reprinted as at 1 July 2009 Corrections Act 2004 36 37 38 39 40 41 42 43 44 45 Police station deemed Police jail for certain purposes Effect of warrant, etc, for specified prisons Legal custody of prisoners Duty of prisoner to return if control or supervision ceases Prisoners must obey lawful orders Photographing and measuring of prisoner Certain information to be given to recently received prisoners Prisoners’ property
 Authorised property Standard conditions of issue and transfer of issued items Disposal and destruction of prisoner property Trust account and purchasing system 46 Trust account and purchasing system for prisoners 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Security classifications Security classifications Further provisions relating to security classifications Assessment, use of time, management plans, and programmes Prisoners must be assessed on reception and have needs addressed Prisoners’ use of time Management plans Rehabilitative programmes Transfer of prisoners Transfer from one prison to another Reasons for transfer Information to be given to prisoners Information about reasons for transfer Denial or restriction of ability to associate Segregation Segregation for purpose of security, good order, or safety Segregation for purpose of protective custody Segregation for purpose of medical oversight Accommodation to be provided if segregation direction in force 48 48 49 51 51 51 52 52 54 55 55 56 57 58 58 58 59 59 59 61 62 63 63 64 65 66 3 Corrections Act 2004 Reprinted as at 1 July 2009 62 63 64 65 66 67 68 Temporary release from custody and temporary removal of prisoners Temporary release from custody or temporary removal from prison Temporary release from custody Temporary removal from prison Removal of prisoner for judicial purposes Work and earnings Work and earnings Earnings of employed prisoner Application of money Minimum entitlements 69 Minimum entitlements 70 Exercise 71 Bedding 72 Diet Exercise Bedding Diet Visiting 73 74 Entitlement to private visitors Legal adviser may visit prisoner Medical treatment and health care 75 Medical treatment and standard of health care 76 Prisoners may send and receive mail Mail to and from prisoners Telephone calls Outgoing telephone calls Information and education needs of prisoners Other duties in relation to prisoners Religious and spiritual needs Needs relating to particular cultures Working conditions 77 78 79 80
 81 4 66 67 68 68 69 70 71 71 73 73 73 74 74 74 75 75 76 76 77 77 Reprinted as at 1 July 2009 Corrections Act 2004 Living conditions 82 Accommodation generally Subpart 4—Coercive powers Use of force and restraints, and related matters Use of force Provoking prisoners Use of non-lethal weapons Possession, carriage, and use of firearms restricted Restraint of prisoners Reporting on use of force, weapons, and mechanical restraints Searching of prisoners and other persons Definition of rub-down search Definition of strip search Definition of scanner search Definition of x-ray search Restrictions on internal examinations Restrictions on searches Authority to detain for purposes of search Authority to search property Use of dogs for searching Search of prisoners and cells Search of persons other than prisoners Search of staff lockers and other places Search of vehicles Reporting of unauthorised items discovered, certain searches, and placement in dry cells Detention pending investigation by Police 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Opening and reading of mail and withholding of correspondence General considerations relating to mail Restriction on sending mail to other prisoners Opening of mail Reading of correspondence 103A Interpretation 104 105 106 107 108 Withholding mail 109 Mail between prisoners, official agencies, and members of Parliament Mail between prisoners and legal advisers Corrections Act 2004 Reprinted as at 1 July 2009 110A Restrictions on disclosure of mail 110B Warnings in relation to mail 110C Application of Privacy Act 1993 Telephone calls may be monitored Interpretation Purposes of monitoring prisoners’ calls Prisoner calls that may be monitored Certain calls must not be monitored Only certain persons may monitor 111 112 113 114 115 116 Warnings 117 118 119 120 121 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 Alcohol and drugs Chief executive must issue drug and alcohol strategy Prisoner may be required to submit to drug or alcohol test Obligations of persons carrying out procedure Prisoner must be informed of result of procedure Restrictions on use of result of procedure Subpart 5—Offences Offences against discipline Offences by prisoner Offences by prisoners relating to drugs and alcohol Offences committed by persons while on temporary release from custody under section 62 Attempting or aiding commission of offence against discipline 132 Minor or unintentional breaches of discipline 133 Powers of hearing adjudicator in relation to offences against discipline Decision as to who is to hear charge Applications for legal representation Right to appeal to Visiting Justice against decision of hearing adjudicator Powers of Visiting Justice in relation to offences by prisoners Reprinted as at 1 July 2009 Corrections Act 2004 138 Reference of case from Visiting Justice to hearing adjudicator 139 Mode of hearing or reaching decisions Commencement of penalties 140 Other offences 141 Unauthorised deliveries, communications, recordings, and possession of unauthorised items 141A Unauthorised use or possession of electronic 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 communication device by prisoner Trespassing in, or loitering about, prison Restricted communications with, or deliveries to, prisoner outside prison Pretending to be security officer or employee of department Failure to comply with direction or requirement under section 101(2) Contravention of section 110A or 118 Injuring, interfering with, or obstructing dog used for
 searching Offences in relation to requisitioning Power of arrest Power of seizure Subpart 6—Complaints, investigations, and inspections Interpretation Objectives and monitoring of corrections complaints system Prisons, community work centres, and probation offices must have internal complaints system Assistance to make complaints Persons under or previously under control or supervision may seek assistance from inspector of corrections Investigation of complaints by inspector of corrections Powers of entry and access by inspectors of corrections Interviews with inspectors of corrections Recommendations and directions of inspectors of corrections Protocol 119 120 120 120 123 123 123 124 125 125 125 126 126 126 127 127 128 129 129 130 131 132 132 160 Protocol between chief executive and Chief Ombudsman 133 7 Corrections Act 2004 Reprinted as at 1 July 2009 Subpart 7—Miscellaneous Other rights of inspection Right of member of Parliament to visit prisons Right of Justice of the Peace to visit prison 161 162 162A Crimes of Torture Act 1989 not limited Identification of certain persons 163 Certain persons to be readily identifiable Provision of information to persons under control or supervision 164 Provision of information to persons under control or supervision 165 Medical records Medical records 166 167 168 169 170 171 172 173 174 175 176 177 178 179 Escort services and courtroom custodial services Provision of escort services or courtroom custodial services under contract Requirements of security contracts Liability of security contractors Subcontractors Security contracts to be notified in Gazette Reporting responsibilities Security monitors Access must be given Security monitors must report on certain matters Application of other Acts Application of Ombudsmen Act 1975 and Official Information Act 1982 to contract prisons, security contractors, and security officers Application of New Zealand Bill of Rights Act 1990 to contract prisons, security contractors, and
 security officers Application of Public Works Act 1981 Application of Resource Management Act 1991 Application of certain Acts to various office holders Emergency management 133 134 134 134 135 135 136 136 138 138 139 139 141 141 142 143 143 143 144 144 179A Detention of prisoners eligible for release during outbreak 144 or spread of infectious disease 8 Reprinted as at 1 July 2009 Corrections Act 2004 179B No compensation for detention in prison under Health Act 1956 179C Interpretation 179D Notification of emergency 179E Exclusion of liability while epidemic notice in force or during emergency Disclosure of prisoner information Purpose of section 180A 180 180A Prisoner information may be disclosed for social assistance purposes 180B Information that may be requested and disclosed 180C Social assistance may be suspended immediately if discrepancy discovered 180D Notice required by section 180C(1)(d) Disclosure of offender information 181 Offender information may be disclosed for immigration purposes Information sharing about highest-risk offenders 181A Disclosure of information relating to highest-risk 182 offenders Offender information may be disclosed to facilitate monitoring of persons on temporary release Information sharing about child sex offenders 182A Information sharing about child sex offenders 182B Definition of child sex offender 182C Definition of specified agency 182D Information sharing agreements 182E Application of agreements 183 Inquests on prisoners Inquests Power to arrest persons unlawfully at large 184 Arrest of person unlawfully at large Property damage caused by escapers 185 186 187 188 Compensation for property damage by escapers Rules governing compensation Notification and payment of compensation Hearing of claims 145 145 146 147 148 149 150 150 151 152 153 155 156 157 158 158 159 159 159 159 160 161 162 9 Corrections Act 2004 Reprinted as at 1 July 2009 189 Procedure, evidence, and appeals Detection, interception, etc, of
 radiocommunications within prison boundaries 189A Interpretation 189B Detection, interception, etc, of radiocommunications within prison boundaries 189C Recordings of unauthorised communications Annual report of department 190 Matters to be included in annual report Requisitioning of land and buildings for use as temporary corrections prisons Requisitioning powers Direction not to be inconsistent with applicable civil defence emergency management plan Compensation if property requisitioned Duties of chief executive Protection from liability Chief executive and Commissioner of Police may issue guidelines and instructions Chief executive and Commissioner of Police may issue guidelines and instructions 191 192 193 194 195 196 Royal prerogative not affected 197 Royal prerogative not affected Management of prisons No new management contracts may be entered into 198 199 Who may manage prison Regulations 200 201 202 203 Regulations Regulations relating to good management of corrections system Regulations relating to safe custody of prisoners Regulations relating to treatment of prisoners Amendment to Immigration Act 1987 204 New section 141AC inserted 163 163 164 164 165 167 168 168 169 170 170 171 172 172 172 173 174 176 177 10 Reprinted as at 1 July 2009 Corrections Act 2004 Amendment to Privacy Act 1993 205 Amendments to Privacy Act 1993 Other amendments and repeals 206 207 208 Acts amended Regulations amended Repeals and revocations Part 3 Transitional provisions Management of prisons under contract Existing management contracts must not be extended Delegation of powers and functions of contractor References in existing management contracts altered Liability of contractor Subcontractors Reporting responsibilities 209 210 211 212 213 214 215 Monitors 216 Accommodation and access 217 Monitors to report on certain matters 218 219 Control of contract prison in emergency Variation to management contracts to be presented to House of Representatives Release of prisoner
 information to contract prisons 220 221 222 Provision of escort services or courtroom custodial services under contract References in existing contracts for provision of escort services, courtroom custodial services, or both Compensation for property damage by escapers Proceedings brought under sections 41A and 41B of Penal Institutions Act 1954 223 Existing rules preserved Rules preserved Directions restricting right to associate continue in effect 224 Directions restricting right to associate to continue Security classifications of prisoners continue in effect 225 Existing security classifications to continue 177 177 177 177 178 178 178 179 179 180 181 182 183 184 185 186 186 186 187 187 187 11 s 1 Corrections Act 2004 Reprinted as at 1 July 2009 Appointments 188 188 188 188 189 189 190 190 190 191 193 194 200 202 Superintendents deemed to be prison managers Inspectors deemed to be inspectors of corrections 226 227 228 Most other appointments preserved 229 Certain Visiting Justices cease to hold office Release or removal under Penal Institutions Act 1954 Persons released under section 21 of Penal Institutions Act 1954 Directions given under section 21A of Penal Institutions Act 1954 Removal under section 27 or section 28 of Penal Institutions Act 1954 Disciplinary offences Sections 32 to 36 of Penal Institutions Act 1954 continue to apply to acts and omissions before commencement Drug and alcohol strategy Drug and alcohol strategy issued under section 36B of Penal Institutions Act 1954 Designations Penal institutions deemed to be prisons and other designation changes Schedule 1 Substantive amendments to Schedule 5 of Privacy Act 1993 Schedule 2 Amendments to other Acts Schedule 3 Regulations amended Schedule 4 Enactments repealed or revoked Title This Act is the Corrections Act 2004.
230 231 232 233 234 235 1 12 Reprinted as at 1 July 2009 Corrections Act 2004 Part 1 s 3 Part 1 Preliminary provisions 2 (1) Commencement This Act (except sections 182A to 182E and sections 200 to 203) comes into force on a date to be appointed by the Gov- ernor-General by Order in Council.

(2) (1A) Sections 182A to 182E come into force on the date on which the Parole (Extended Supervision) Amendment Act 2004 comes into force.
Sections 200 to 203 come into force on the day after the date on which this Act receives the Royal assent.

Section 2(1): Corrections Act 2004 (except sections 182A–182E, 200–203) brought into force, on 1 June 2005, by the Corrections Act Commencement Order 2005 (SR 2005/52).

Section 2(1A): sections 182A–182E brought into force, on 7 July 2004, by the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
Section 2(1): amended, on 7 July 2004, by section 14(1) of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 2(1A): inserted, on 7 July 2004, by section 14(2) of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
3 (1) Interpretation In this Act, unless the context otherwise requires,— attendance for judicial purposes, in relation to any person, includes the attendance of that person, whether as a party or as a witness, before any of the following tribunals: (a) (b) any court of justice: the House of Representatives or any Committee of that House: any arbitrator or umpire, or any person or body of per- sons authorised by law to make an inquiry and take evi- dence on oath: any legal tribunal by which any legal right or liability can be established: any person acting as a court or tribunal having the power to hold a judicial proceeding: any family group conference within the meaning of sec- tion 2(1) of the Children, Young Persons, and Their Families Act 1989: (c) (d) (e) (f) 13 Part 1 s 3 Corrections Act 2004 Reprinted as at 1 July 2009 (g) (h) [Repealed] any other person or body of persons the proceedings, or any part of the proceedings, of whom or of which are deemed to be a judicial proceeding for the purposes of section 108 of the Crimes Act 1961 (which relates to perjury) authorised property means any property that is— (a) specified in this Act or in regulations made under this Act as property that may be issued to a prisoner; and kept by, or retained on behalf of, the prisoner in accord- ance with this Act and any regulations made under this Act (b) 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 complainant means a person who makes a complaint under subpart 6 of Part 2 complaint— (a) includes a complaint about— (i) (ii) (iii) the treatment of a person who is or was under control or supervision; or the conditions in the prison, community work centre, probation office, or any other place (in- cluding a dwellinghouse) at which a person re- ferred to in subparagraph (i) is or was detained, or is or was required to attend, work, or live; or a decision in respect of a request by a person
 referred to in subparagraph (i) for information; or a decision relating to a person referred to in sub- paragraph (i) for which no other right of appeal or review exists under any enactment; but does not include any action taken by a prisoner to re- view or appeal a decision by a hearing adjudicator or Visiting Justice under subpart 5 of Part 2 or any other complaint by a prisoner about a decision of that kind (iv) (b) contract prison means a prison that is for the time being man- aged under a management contract entered into under section 4A of the Penal Institutions Act 1954 14 Reprinted as at 1 July 2009 Corrections Act 2004 Part 1 s 3 contractor means a person who is a party to a management contract entered into under section 4A of the Penal Institutions Act 1954 under which that person is to manage a prison corrections prison— (a) includes a prison operated by the department (including a temporary prison) and a contract prison; but does not include a Police jail (b) correspondence— (a) means a handwritten, typed, or printed message that is (b) mail or is contained in any mail; and includes a handwritten, typed, or printed manuscript contained in any mail; but (c) does not include an electronic message or a fax courtroom custodial duty means the custody, control, and supervision of a person while he or she is at any place at which the attendance of that person is required for judicial purposes courtroom custodial services means the provision of persons to undertake courtroom custodial duties department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act disciplinary offence means an offence against discipline under subpart 5 of Part 2 disciplinary proceedings means a hearing conducted by a hearing adjudicator or a Visiting Justice under subpart 5 of Part 2 drug means— (a) a controlled drug within the meaning of the Misuse of Drugs Act 1975: a prescription medicine or
 restricted medicine within the meaning of the Medicines Act 1981 (b) electronic communication device— (a) means an electronic communication device (other than a device used to assist with a disability) that is capable of any or all of the following actions: (i) (ii) (iii) transmitting sound: computing information: functioning as a telephone: 15 Part 1 s 3 Corrections Act 2004 Reprinted as at 1 July 2009 (iv) communicating in any other way using any technology (including telecommunication, ra- diocommunication, Internet, and broadcasting technology): (b) (c) (d) includes any part of an electronic communication de- vice (for example, a SIM card) regardless of whether the part— (i) is capable of any of the actions specified in para- graph (a); and is detachable and may be used in other electronic communication devices: (ii) (ii) includes any device that enables or facilitates the func- tioning of an electronic communication device (for ex- ample, a recharger or charging device): does not include— (i) any telephone facility provided for the use of prisoners under section 77; and any telephone facility or telephone system (whether inside or outside a prison) that a pris- oner is permitted to use by a person under whose control or supervision the prisoner is electronic message means any communication transmitted by electronic means that is capable of being displayed on a visual display unit employee includes a person engaged under a contract for ser- vices enforcement officer— (a) means a person who is a constable, or who— (i) (ii) is an officer or employee of the Public Service (as defined in section 2 of the State Sector Act 1988) or a local authority; and is acting in the course of his or her official duties (being duties consisting of or including the detec- tion, investigation, or prosecution of offences); but does not include an officer (as defined in this subsection) (b) escort duty— (a) means the transport of persons in custody— (i) to or from a prison or Police
 station; or 16 Reprinted as at 1 July 2009 Corrections Act 2004 Part 1 s 3 (ii) (iii) (iv) (v) to or from any place at which their attendance is or has been required for judicial purposes; or to or from a residence (within the meaning of the Children, Young Persons, and Their Families Act 1989); or in connection with any temporary removal from custody under section 62; or the Mental Health the purposes of for (Compulsory Assessment and Treatment) Act 1992; and (b) includes their custody, control, and supervision during that transport, and any custody, control, and supervision while they are at any place to or from which they are transported (other than a prison or Police station) that is incidental to that transport escort services means the provision of persons to undertake escort duties family, in relation to any person, includes— (a) (b) any person to whom the person is related; and the person’s spouse, civil union partner, or de facto part- ner; and the person’s family group (c) family group, in relation to any person, means a family group or extended family— (a) in which there is at least 1 adult member— (i) with whom the person has a biological or legal relationship; or to whom the person has a significant psycho- logical attachment; or (ii) (b) that is the person’s whanau or other culturally recog- nised family group firearm has the same meaning as in section 2 of the Arms Act 1983 Health and Disability Commissioner includes any employee of the Commissioner hearing adjudicator means a person designated as a hearing adjudicator under section 15 17 Part 1 s 3 Corrections Act 2004 Reprinted as at 1 July 2009 Independent Police Conduct Authority includes any em- ployee of the Authority inspector of corrections or inspector means a person ap- pointed as an inspector of corrections under section 28 investigating officer means an officer (within the meaning of section 2(1) of the Defence Act 1990) or other duly authorised person investigating a complaint under
 section 49 of that Act legal adviser— (a) means a lawyer (within the meaning of the Lawyers and Conveyancers Act 2006) who represents a prisoner; and includes, in relation to any member of the armed forces detained in a prison, any other member of the armed forces responsible for representing that member in the Court Martial or other proceedings (b) mail means any letter, package, parcel, or postcard sent or delivered to or by a prisoner medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practi- tioners Competence Assurance Act 2003, as a practitioner of the profession of medicine medicine has the same meaning as in section 3 of the Medicines Act 1981 member of the Human Rights Commission includes any employee of the Human Rights Commission Minister means the Minister of the Crown for the time being responsible for the department monitor means any person appointed under section 215 offender— (a) means a person who is under control or supervision; and includes a person who is dealt with or is liable to be dealt (b) with for non-payment of a sum of money, disobedience of a court order, or contempt of court; but does not include— (i) a person who is under control or supervision by reason only that the person is in custody awaiting trial; or (c) 18 Reprinted as at 1 July 2009 Corrections Act 2004 Part 1 s 3 (ii) a person who is detained solely as a consequence of a warrant or other order issued under the Immigration Act 1987 officer— (a) means— (i) (ii) (iii) (iv) (v) (vi) the manager of a prison: any person appointed or engaged under section 11 to provide custodial services in respect of a prison: any person appointed under section 17(1): any person appointed or engaged under section 17(2) to carry out the obligations of a security contractor under a contract to undertake escort duties or courtroom custodial duties, or both, but only while that
 person is carrying out functions set out in section 18(1) or the powers and func- tions referred to in section 18(2): any employee of the department who the chief executive designates to carry out the powers and functions of an officer in respect of 1 or more prisons: in respect of any provision, any employee of the department whom the chief executive designates to carry out the powers and functions of an offi- cer under that provision in respect of 1 or more prisons; but (b) does not include any employee or independent contrac- tor appointed or engaged to provide non-custodial ser- vices in respect of any prison or any prisoner official agency means— (a) (b) (c) (d) (e) (f) (g) (h) (i) an inspector of corrections; or a monitor; or a security monitor; or a Visiting Justice; or an Ombudsman; or the Commissioner for Children; or the Health and Disability Commissioner; or the Human Rights Commission; or the Independent Police Conduct Authority; or 19 Part 1 s 3 Corrections Act 2004 Reprinted as at 1 July 2009 (j) (k) the Privacy Commissioner; or a national preventive mechanism (as defined in section 16 of the Crimes of Torture Act 1989) Ombudsman includes any employee of the Office of the Om- budsmen person under control or supervision means— (a) (b) (c) (d) a prisoner: a person who is subject to a community-based sentence: a person who is subject to a sentence of home detention: a person who is serving a sentence of imprisonment on home detention: a person who is subject to conditions under the Parole Act 2002 or under section 80N or 93 of the Sentencing Act 2002 (e) Police jail means a prison established or deemed to be estab- lished as a Police jail under section 32(1)(b) prescribed means prescribed by this Act or by any regulations made under this Act prison— (a) means a prison established or deemed to be established (b) under section 32; and to avoid doubt, includes any land or building declared to be a prison prison manager or manager— (a) means a person
 appointed or engaged as the manager of (b) a prison under section 11; and includes, in relation to any site within a prison declared by the chief executive to be a discrete site for the pur- poses of this Act, the person (if any) appointed or en- gaged by the chief executive to exercise the powers and perform the functions of the prison manager in relation to that site prisoner means any person for the time being in the legal cus- tody under this Act of either of the following persons: (a) (b) the chief executive: the Commissioner of Police 20 Reprinted as at 1 July 2009 Corrections Act 2004 Part 1 s 3 prisoner property means an item that— (a) is part of a prisoner’s personal belongings, and is in the prisoner’s possession at the time of admission to a prison; or is acquired by a prisoner while in a prison; or is received by a staff member of a prison on behalf of a prisoner (b) (c) Privacy Commissioner includes any employee of, or contrac- tor engaged by, the Privacy Commissioner private visitor means a visitor who is not a statutory visitor or a specified visitor promptly means as soon as practicable in all the circum- stances random-testing programme means a programme— (a) under which a class or classes of prisoners are identified so that certain prisoners in that class or those classes may be required to submit to a prescribed procedure for the purpose of detecting whether or not the prisoners have used drugs, consumed alcohol, or both; and under which the prisoners from a particular class who are to be required to submit to a prescribed procedure are selected by a method that ensures that each prisoner in that class has an equal chance of being selected; and that is established and operated in accordance with any applicable regulations made under this Act (b) (c) reasonably promptly means as soon as is reasonable in all the circumstances registered health professional means a health practitioner who is, or is deemed to be, registered with an authority es-
 tablished or continued by the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health pro- fession rehabilitative programme— (a) means a programme designed to reduce reoffending by facilitating the rehabilitation of prisoners sentenced to imprisonment and their reintegration into society; and 21 Part 1 s 3 Corrections Act 2004 Reprinted as at 1 July 2009 (b) includes any medical, psychological, social, therapeu- tic, cultural, educational, employment-related, rehabili- tative, or reintegrative programme security contract means a contract entered into with the chief executive under section 166 security contractor means a person who is a party to a se- curity contract under which that person is to provide escort services or courtroom custodial services, or both security monitor means any person appointed under section 172 security officer means any person appointed or engaged under section 17 self-harm, in relation to a prisoner, means harm inflicted by the prisoner on himself or herself sentence of imprisonment has the same meaning as in section 4 of the Sentencing Act 2002 service prisoner means a service prisoner as defined in section 2(1) of the Armed Forces Discipline Act 1971 specified visitor means— (a) a person or class of persons approved by the chief ex- ecutive as an official visitor to 1 or more prisons: a person (other than a staff member) approved by the prison manager as an official visitor to that prison for 1 or more prescribed purposes (b) staff member of a prison or staff member— (a) means— (i) (ii) any officer of a prison; and any employee appointed or engaged to provide non-custodial services in respect of a prison or any prisoner detained in a prison; and in relation to any particular prison, means— any officer of that prison; and (i) any employee appointed or engaged to provide (ii) non-custodial services in respect of that prison or any prisoner detained in that prison (b) statutory visitor means— (a) (b)
 an inspector of corrections; or a Visiting Justice; or 22 Reprinted as at 1 July 2009 Corrections Act 2004 Part 1 s 3 (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) a monitor; or a security monitor; or the Minister; or the chief executive; or an Ombudsman; or a member of the Human Rights Commission; or a member of Parliament exercising the right conferred by section 161; or a Justice of the Peace exercising the right conferred by section 162; or a commanding officer of a prisoner who is a service prisoner, or a representative of that commanding officer; or a service authority nominated by the commanding offi- cer of a prisoner who is a service prisoner for the pur- pose of visiting that prisoner; or a consular representative; or an investigating officer (m) (n) trust account means a trust account operated under section 46 unauthorised item means— (a) any article that could, while in the possession of any prisoner, be harmful to that prisoner or to any other per- son: any drug, alcohol, or other intoxicating substance: any electronic communication device: any thing that could be used for the purpose of facilitat- ing the escape from lawful custody of any person: in relation to any person, any thing that may not lawfully be retained in the person’s possession: any article or thing that is in the possession of any per- son in contravention or intended contravention of sec- tion 128, section 129(a), section 141, section 143, or section 144: any thing or substance that could be used to tamper with any sample that a prisoner is required to supply in accordance with a prescribed procedure under section 124: any offensive weapon within the meaning of section 202A of the Crimes Act 1961: (b) (c) (d) (e) (f) (fa) (g) 23 Part 1 s 3 Corrections Act 2004 Reprinted as at 1 July 2009 (h) (i) any disabling substance within the meaning of that sec- tion: any article or thing declared to be an unauthorised item by regulations made under this Act Visiting Justice means— (a) (b) a District
 Court Judge; or a person appointed under section 19(2) to be a Visiting Justice visitor— (a) means a person (other than a staff member, a security officer, or another prisoner) who visits a prison; and includes a statutory visitor and a specified visitor.
(b) If any provision of this Act requires that any person employed or engaged for any position be suitable for that position, and that position involves dealing with persons under control or supervision, that person’s suitability must be determined in accordance with whether or not that person is competent to exercise or perform his or her powers, duties, and functions under this Act, or any regulations made under this Act, in a fair and humane manner, because of— (a) (b) his or her character and personality; and his or her training, skills, qualifications, or work experi- ence; and other relevant experience.
(c) Compare: 1954 No 51 s 2; SR 2000/81 r 3 Section 3(1): amended, on 15 December 2005, by section 3 of the Corrections Amendment Act 2005 (2005 No 97).

Section 3(1) attendance for judicial purposes paragraph (g): repealed, on 1 July 2009, by section 87 of the Court Martial Act 2007 (2007 No 101).

Section 3(1) electronic communication device: inserted, on 3 April 2009, by section 4(1) of the Corrections Amendment Act 2009 (2009 No 3).
Section 3(1) enforcement officer paragraph (a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 3(1) family paragraph (b): substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(1) Independent Police Conduct Authority: inserted, on 29 Novem- ber 2007, by section 26 of the Independent Police Conduct Authority Amend- ment Act 2007 (2007 No 38).
Section 3(1) legal adviser paragraph (a): substituted, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

(2) 24 Reprinted as at 1 July 2009 Corrections Act 2004 Part 1 s 5 Section 3(1) legal adviser paragraph (b): amended, on 1 July 2009, by section 87 of the Court Martial Act 2007 (2007 No 101).

Section 3(1) officer paragraph (a)(v): amended, on 3 April 2009, by section 4(2) of the Corrections Amendment Act 2009 (2009 No 3).
Section 3(1) officer paragraph (a)(v): amended, on 3 April 2009, by section 4(3) of the Corrections Amendment Act 2009 (2009 No 3).

Section 3(1) officer paragraph (a)(vi): added, on 3 April 2009, by section 4(3) of the Corrections Amendment Act 2009 (2009 No 3).

Section 3(1) official agency paragraph (i): amended, on 29 November 2007, by section 26 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
Section 3(1) official agency paragraph (j): amended, on 3 April 2009, by section 4(4) of the Corrections Amendment Act 2009 (2009 No 3).

Section 3(1) official agency paragraph (k): added, on 3 April 2009, by section 4(4) of the Corrections Amendment Act 2009 (2009 No 3).

Section 3(1) person under control or supervision: substituted, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
Section 3(1) Police Complaints Authority: repealed, on 29 November 2007, by section 26 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Section 3(1) staff member of a prison or staff member paragraph (a)(ii): amended, on 3 April 2009, by section 4(5) of the Corrections Amendment Act 2009 (2009 No 3).

Section 3(1) staff member of a prison or staff member paragraph (b)(ii): amended, on 3 April 2009, by section 4(5) of the Corrections Amendment Act 2009 (2009 No 3).
Section 3(1) unauthorised item paragraph (c): substituted, on 3 April 2009, by section 4(6) of the Corrections Amendment Act 2009 (2009 No 3).

Section 3(1) unauthorised item paragraph (fa): inserted, on 3 April 2009, by section 4(7) of the Corrections Amendment Act 2009 (2009 No 3).

Act binds the Crown This Act binds the Crown.
Compare: 1954 No 51 s 2A Purpose of corrections system The purpose of the corrections system is to improve public safety and contribute to the maintenance of a just society by— ensuring that the community-based sentences, sen- (a) tences of home detention, and custodial sentences and related orders that are imposed by the courts and the New Zealand Parole Board are administered in a safe, secure, humane, and effective manner; and 25 4 5 (1) Part 1 s 6 Corrections Act 2004 Reprinted as at 1 July 2009 (b) (c) (d) providing for corrections facilities to be operated in ac- cordance with rules set out in this Act and regulations made under this Act that are based, amongst other mat- ters, on the United Nations Standard Minimum Rules for the Treatment of Prisoners; and assisting in the rehabilitation of offenders and their rein- tegration into the community, where appropriate, and so far as is reasonable and practicable in the circumstances and within the resources available, through the provi- sion of programmes and other interventions; and providing information to the courts and the New Zealand Parole Board to assist them in decision-mak- ing.
Subsection (1) does not affect the application or operation of any other Act.

Section 5(1)(a): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
(b) (c) Principles guiding corrections system The principles that guide the operation of the corrections sys- tem are that— (a) the maintenance of public safety is the paramount con- sideration in decisions about the management of per- sons under control or supervision: victims’ interests must be considered in decisions re- lated to the management of persons under control or supervision: in order to reduce the risk of reoffending, the cultural background, ethnic identity, and language of offenders must, where appropriate and to the extent practicable within the resources available, be taken into account— in developing and providing rehabilitative pro- (i) grammes and other interventions intended to ef- fectively assist the rehabilitation and reintegra- tion of offenders into the community; and in sentence planning and management of offend- ers: (ii) (d) offenders must, where appropriate and so far as is rea- sonable and practicable in the circumstances, be pro- (2) 6 (1) 26 Reprinted as at 1 July 2009 Corrections Act 2004 Part 1 s 6 (e) (f) (g) (h) (i) vided with access to any process designed to promote restorative justice between offenders and victims: an offender’s family must, so far as is reasonable and practicable in the circumstances and within the resources available, be recognised and involved in— (i) decisions related to sentence planning and man- agement, and the rehabilitation and reintegration of the offender into the community; and planning for participation by the offender in pro- grammes, services, and activities in the course of his or her sentence: (ii) the corrections system must ensure the fair treatment of persons under control or supervision by— (i) providing those persons with information about the rules, obligations, and entitlements that affect them; and ensuring that decisions about those persons are taken in a fair and reasonable way and that those persons have access to an effective complaints procedure: (ii) sentences and orders must not be administered more re- strictively than is reasonably necessary to ensure the maintenance of the law and the safety of the public, cor- rections staff, and persons under control or supervision: offenders must, so far as is reasonable and practicable in the circumstances within the resources available, be given access to activities that may contribute to their rehabilitation and reintegration into the community: contact between prisoners and their families must be encouraged and supported, so far as is reasonable and practicable and within the resources available, and to the extent that this contact is consistent with the main- tenance of safety and security requirements.
(2) (3) Persons who exercise powers and duties under this Act or any regulations made under this Act must take into account those principles set out in subsection (1) that are applicable (if any), so far as is practicable in the circumstances.

Subsection (1) does not affect the application or operation of any other Act.
27 Part 2 s 7 Corrections Act 2004 Reprinted as at 1 July 2009 Part 2 Corrections system Subpart 1—Statutory roles and responsibilities Minister, chief executive, and Commissioner of Police 7 (1) Powers and functions of Minister The Minister has the following powers and functions: (a) declaring land or buildings to be a community work centre or prison in accordance with section 30 or section 32: approving rates of earnings for prisoners in accordance with section 66: fixing the weekly rate of the cost of detaining prisoners for the purpose of enabling deductions to be made under section 68: placing notifications in the Gazette in accordance with section 170: presenting a copy of the terms of any variation to a man- agement contract to the House of Representatives in ac- cordance with section 219: any other powers and functions conferred under this Act or regulations made under this Act.
(b) (c) (d) (e) (f) (2) (3) The Minister may give general directions to the chief execu- tive in relation to the exercise of powers and functions con- ferred on the chief executive under this Act or any regulations made under this Act.

Subsection (2) does not authorise the Minister to give direc- tions about the exercise of powers and functions in relation to a particular person.
(4) As soon as practicable after giving a direction under subsec- tion (2), the Minister must publish in the Gazette and present to the House of Representatives a copy of the direction.
8 (1) Powers and functions of chief executive The chief executive has the following powers and functions: 28 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 8 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) ensuring that the corrections system operates in accord- ance with the purposes set out in section 5 and the prin- ciples set out in section 6: ensuring the safe custody and welfare of prisoners (other than prisoners detained in Police jails or in institutions that are not corrections prisons): ensuring the welfare of offenders serving a sentence of imprisonment on home detention, or subject to commu- nity-based sentences or sentences of home detention or conditions imposed under the Parole Act 2002 or Sen- tencing Act 2002, during periods while, in the pres- ence of any employee of the department, those offend- ers carry out their sentences or undergo any supervision forming part of the conditions to which they are subject: exercising the powers conferred by section 62 (which relates to the temporary release or removal of prison- ers): visiting and inspecting any prison, community work centre, or probation office and, at his or her discretion, interviewing any person under control or supervision: inquiring into the treatment and conduct of persons under control or supervision: inquiring into all abuses or alleged abuses within each prison, community work centre, or probation office or in connection with it: inquiring into any complaint made to him or her by a person under control or supervision: exercising all or any of the powers and functions of a prison manager: issuing instructions or guidelines under section 196: ensuring that processes are established and maintained to— (i) identify the communities significantly affected by policies and practices in the corrections sys- tem; and provide opportunities for those identified com- munities to give their views on those policies and practices; and ensure that those views are taken into account: (ii) (iii) 29 Part 2 s 9 Corrections Act 2004 Reprinted as at 1 July 2009 (l) any other powers and functions conferred by or under this Act or regulations made under this Act.
The chief executive must consult with the Commissioner of Police, or any person nominated for the purpose by the Com- missioner, about the manner in which powers and functions conferred under this Act or any regulations made under this Act on the chief executive are to be exercised in relation to— (a) (b) The chief executive must comply with any general direction given by the Minister under section 7(2).

Compare: 1954 No 51 s 3 any Police jail; or any prisoner detained in a Police jail.
Section 8(1)(c): substituted, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Powers and functions of Commissioner of Police The Commissioner of Police has, in relation to every Police jail and every prisoner detained in a Police jail, the following powers and functions: (a) ensuring the safe custody and welfare of prisoners de- tained in Police jails: the powers and functions conferred by or under this Act or any regulations made under this Act.
(b) Delegation of powers and functions of chief executive Despite anything in sections 41 and 42 of the State Sector Act 1988 or in any other provision of this Act or of any other enact- ment, the chief executive must not delegate to any staff mem- ber of a prison— (a) the power to make an application under section 60(1) of the Parole Act 2002 (which relates to the recall of offenders); or the power to make an application under section 107 of the Parole Act 2002 (which relates to orders that offend- ers not be released); or the power to designate employees as hearing adjudica- tors under section 15; or the power to appoint inspectors of corrections under section 28; or (b) (c) (d) (2) (3) 9 10 30 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 11 (e) (f) (g) (h) (i) (j) (k) the power to authorise extended periods of detention in a Police jail under section 34(5); or the powers conferred by section 58 or section 59(1)(b) (which relate to the segregation of prisoners on the grounds of security, good order, or safety; or for the purpose of protective custody); or the power to grant approvals under section 66(5)(a) (which relates to the types and conditions of work to be provided for prisoners); or the power to appoint security monitors under section 172; or the power to issue guidelines or instructions under sec- tion 196; or the power to appoint monitors under section 215; or any power, function, or duty conferred or imposed on the chief executive by or under this enactment or any other enactment where the power, function, or duty re- lates to the review of any act or omission of any staff member of a contract prison.
Compare: 1954 No 51 s 3A 11 (1) (2) (3) Other persons with other powers and functions in relation to prisoners Prison manager and other staff of prisons For every prison (not being a contract prison or a Police jail), the chief executive must appoint under the State Sector Act 1988— (a) (b) a suitable person as prison manager; and as many other suitable persons as are required as em- ployees.
For every contract prison, the contractor must appoint— (a) (b) a suitable person as prison manager; and as many other suitable persons as are required as em- ployees.

For every Police jail, the Commissioner of Police must appoint or designate— (a) a suitable person as prison manager (who may be called the jail manager); and 31 Part 2 s 12 Corrections Act 2004 Reprinted as at 1 July 2009 (b) as many other suitable persons as are required as em- ployees.
The chief executive (in the case of a corrections prison), the contractor responsible for managing a contract prison (in the case of a contract prison), or the Commissioner of Police (in the case of a Police jail) may, from time to time,— (a) engage any suitable person as an independent contrac- tor to provide non-custodial services in respect of the prison; or enter into other arrangements to provide access to those services.
(b) For the purposes of subsection (4), non-custodial services in- cludes (without limitation)— (a) chaplaincy, counselling, educational, health, or other specialist services for the prisoners in the prison; or any other services provided to assist the rehabilitation of prisoners in the prison and their reintegration into the community; or laundry, cleaning, catering, or other services in relation to the prison.
(b) (c) Every prison must have the number of staff members of each gender that is sufficient to ensure that all duties required by this Act or by any regulations made under this Act to be carried out in the prison by staff members, are able to be carried out in that prison.
Compare: 1954 No 51 s 6 Powers and functions of prison managers The prison manager has, in relation to the prison for which the manager is appointed or designated as manager, the following powers and functions: (a) ensuring that the prison operates in accordance with the purposes set out in section 5 and the principles set out in section 6: ensuring the safe custody and welfare of prisoners re- ceived in the prison: carrying out the functions conferred on the manager by section 33: establishing and maintaining processes to— (b) (c) (d) (4) (5) (6) 12 32 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 13 (i) (ii) identify the communities significantly affected by policies and practices at the prison; and provide opportunities for those identified com- munities to give their views on those policies and practices; and (iii) ensure those views are taken into account: any other powers and functions conferred under this Act or regulations made under this Act.
(e) Compare: 1954 No 51 s 7 13 (1) (2) Delegation of powers and functions of prison managers The prison manager may, either generally or particularly, dele- gate to any other person who has powers or functions under this Act, or who is an employee of the department and in the opinion of the chief executive is suitably qualified to exercise the power or function, any of the powers or functions of the prison manager under this Act or any regulations made under this Act, including powers or functions delegated to the prison manager under this Act.
Subject to any general or special directions given or condi- tions imposed by the prison manager, the person to whom any powers or functions are delegated under this section may ex- ercise those powers or functions in the same manner and with the same effect as if they had been conferred on that person directly by this Act or any regulations made under this Act, as the case may be, and not by delegation.
(3) Despite anything in subsection (1) or any other enactment, the (4) prison manager must not delegate to any person— the power to make rules under section 33; or (a) the power of delegation conferred by subsection (1).
(b) The power of the prison manager to delegate under this sec- tion— (a) is subject to any prohibitions, restrictions, or conditions contained in this Act or any other enactment in relation to the delegation of the prison manager’s functions or powers; but does not limit any power of delegation conferred on the prison manager by any other enactment.
(b) 33 Part 2 s 14 Corrections Act 2004 Reprinted as at 1 July 2009 (5) Every person purporting to act under any delegation under this section must, in the absence of proof to the contrary, be pre- sumed to be acting in accordance with the terms of the dele- gation.
(6) Any delegation under this section— (a) must be in writing: (b) may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or a specified class of offices: (c) may be revoked at any time.

(7) No delegation under this Act affects or prevents the exercise of any power or function by the prison manager, or affects the responsibility of the prison manager for the actions of any person acting under the delegation.
Powers and functions of officers 14 (1) An officer appointed or designated under section 11(1)(b), (2)(b), or (3)(b) to provide custodial services in respect of a prison has the following powers and functions: (a) ensuring the safe custody and welfare of prisoners under his or her control: any other powers and functions conferred under this Act or regulations made under this Act.
(b) In the exercise of powers and functions referred to in subsec- tion (1), an officer is subject to the directions of the prison manager.

Hearing adjudicators The chief executive must designate in respect of each prison (other than a contract prison or a Police jail) as many suitable employees of the department as hearing adjudicators as are required for the purposes of this Act.
The contractor responsible for the management of a contract prison must designate in respect of that prison as many suit- able persons as hearing adjudicators as are required for the pur- poses of this Act.

The contractor may only designate persons who have been ap- proved for the purpose by the chief executive.
(2) 15 (1) (2) (3) 34 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 18 16 17 (1) (2) Powers and functions of hearing adjudicators A hearing adjudicator has the following powers and functions: the powers and functions conferred on the adjudicator (a) under subpart 5 of Part 2: any other powers and functions conferred under this Act or any regulations made under this Act.
(b) Appointment or engagement of security officers The chief executive may appoint under the State Sector Act 1988 as many suitable persons as security officers as are re- quired by the chief executive.

Every security contractor must, subject to the terms of the se- curity contract, appoint or engage as many suitable persons as security officers as are required to carry out the obligations of the security contractor.
Compare: 1954 No 51 s 36I(1), (2) Powers and functions of security officers 18 (1) A security officer has the following functions in respect of every prisoner who is under that security officer’s control while the officer undertakes courtroom custodial duties or escort duties: (a) (b) preventing that prisoner’s escape from lawful custody: preventing, or detecting and reporting on, the commis- sion or attempted commission by that prisoner of un- lawful acts: ensuring good order and discipline on that prisoner’s part: attending to that prisoner’s well-being: attending to the security of any property of that prisoner that is in that prisoner’s possession.
(c) (d) (e) (2) A security officer has any other powers and functions that are conferred or imposed on security officers under this Act or under any other enactment.
For the purposes of this Act and any regulations made under this Act, a security officer has, in relation to the performance of the functions set out in subsection (1) and the powers and functions referred to in subsection (2), but only in relation to (3) 35 Part 2 s 19 Corrections Act 2004 Reprinted as at 1 July 2009 those powers and functions, all the powers and privileges of an officer.
Compare: 1954 No 51 s 36J 19 (1) (2) Visiting Justices Every District Court Judge is a Visiting Justice for every prison.

The Governor-General may, on the recommendation of the Minister of Justice, appoint any Justice of the Peace or bar- rister or solicitor of the High Court to be a Visiting Justice for every prison.
(4) (d) (b) (c) (3) When recommending the appointment of any person under subsection (2), the Minister of Justice must have regard to the desirability of ensuring that the persons holding office under subsection (2) represent a reasonable balance between— (a) (b) Every Visiting Justice has the following powers in respect of each prison: (a) Justices of the Peace; and barristers or solicitors of the High Court.
visiting and inspecting the prison and, at his or her dis- cretion, interviewing any prisoner: examining the treatment and conduct of prisoners: inquiring into all abuses or alleged abuses within the prison or in connection with it: inquiring into any matter referred to him or her by the chief executive: for any of the purposes of this section, taking evidence on oath or otherwise: determining, under section 87(5), whether to authorise the use of a mechanical restraint for more than 24 hours: dealing with offences against discipline in accordance with this Act and any regulations made under this Act: reporting in writing to the chief executive on any of the matters referred to in paragraphs (a) to (g) or on any other matters related to the prison, as often as the Visiting Justice considers appropriate, and whenever re- quested to do so by the chief executive.
(5) Whenever a Visiting Justice reports to the chief executive under subsection (4)(h) about any matter concerning a Police (g) (h) (e) (f) 36 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 20 jail or a prisoner detained in a Police jail, the Visiting Justice must forward a copy of his or her report to the Commissioner of Police.
(6) A Visiting Justice appointed under subsection (2)— (a) holds office for a term of 3 years; and (b) may, from time to time, be reappointed; and (c) unless he or she sooner vacates, or ceases to hold, or is removed from office under subsection (7), continues to hold office until his or her successor comes into office, even though the term for which he or she was appointed has expired.
(7) A Visiting Justice appointed under subsection (2)— (a) may resign from the office by delivering to the Minister of Justice a notice in writing to that effect and stating when the resignation takes effect: ceases to hold office if he or she dies: ceases to hold office if he or she is, under the Insolvency Act 2006, adjudged bankrupt: (b) (c) (e) (d) may, at any time, be removed from the office by the Governor-General for inability to perform the functions of office, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General: has and enjoys, in the performance of his or her duties under this Act, the same protection as a Justice of the Peace acting in his or her criminal jurisdiction has and enjoys under Part 7 of the Summary Proceedings Act 1957.
Compare: 1954 No 51 s 10 Section 19(7)(c): amended, on 3 December 2007, by section 445 of the Insol- vency Act 2006 (2006 No 55).

20 Medical officers (1) For every prison (other than a Police jail), there must be 1 or more medical officers responsible for providing medical care and medical treatment to prisoners.

Each medical officer must be a medical practitioner.
Every medical officer must— (a) be appointed or engaged under section 11(1)(b), (2)(b), or (4); or (2) (3) 37 Part 2 s 21 Corrections Act 2004 Reprinted as at 1 July 2009 21 22 (b) carry out his or her functions in accordance with ar- rangements approved by the chief executive.
Compare: 1954 No 51 s 6A(1), (2) Protection of officers in discharge of functions Every officer, while acting in that capacity, has all the powers, authority, protections, and privileges of a member of the Police (including a constable).
Compare: 1954 No 51 s 8 Protection of members of Armed Forces If, in accordance with section 9 of the Defence Act 1990, any part of the Armed Forces (within the meaning of section 2(1) of that Act) is performing any public service in, or in connec- tion with, a prison, every member of that part of the Armed Forces has, while performing that service,— (a) (b) all the powers and functions of an officer; and all the powers, authority, protections, and privileges of a member of the Police (including a constable).
Compare: 1954 No 51 s 8A Restrictions on exercise of certain powers 23 (1) Despite sections 21 and 22, sections 314A to 314D of the Crimes Act 1961 (which relate to a general power to stop ve- hicles) do not apply to a member of the armed forces, or an officer who is not also a constable.
(2) Despite sections 21 and 22, section 3(2)(a)(ii) of the Arms Act 1983 (which authorises the possession of firearms and re- stricted weapons by constables) does not apply to a member of the armed forces, or an officer who is not also a constable.
(3) Despite sections 21 and 22, the following provisions do not apply to a member of the armed forces, or an officer who is not also a constable: (a) sections 18 and 18A of the Misuse of Drugs Act 1975 (which confer powers of search and seizure): section 13A of the Misuse of Drugs Amendment Act 1978 (which confers powers in relation to internal con- cealment): (b) 38 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 24 (c) (d) sections 56 to 58 of the Misuse of Drugs Amendment Act 2005 (which confer enforcement powers in relation to restricted substances): sections 200B, 200F, and 200G of the Summary Pro- ceedings Act 1957 (which confer powers in relation to tracking devices).
Compare: 1954 No 51 s 8B Section 23(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 23(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 23(3): substituted, on 3 April 2009, by section 5 of the Corrections Amendment Act 2009 (2009 No 3).

Section 23(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Persons with powers and functions in relation to administration of community-based sentences, sentences of home detention, conditions of release, parole, or sentences of imprisonment served on home detention Heading: substituted, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

24 (1) Probation officers The chief executive must appoint under the State Sector Act 1988 as many probation officers as are required for the pur- poses of this Act or any other enactment.
(2) Despite anything in subsection (1), the chief executive may appoint any person, or the holder for the time being of any office or appointment, to act as a part-time probation officer, with all the powers and functions of a probation officer, if there are insufficient duties to justify the appointment of a full-time probation officer under that subsection.
The chief executive may designate persons to carry out any particular function or functions, or to exercise any particular power or powers, of a probation officer that the chief executive may specify in respect of that person.

(3) 39 Part 2 s 25 Corrections Act 2004 Reprinted as at 1 July 2009 (4) The chief executive may designate persons appointed under this section to manage or work at 1 or more community work centres within any probation area.
(5) Any appointment or designation under this section may be combined with any office, appointment, or position if the chief executive is satisfied that the functions of that office, appoint- ment, or position are not inconsistent with those of a probation officer.

(6) Any person appointed under subsection (2) may be paid out of money appropriated by Parliament for the purpose any remu- neration by way of salary or fees, and any allowances, that are determined by the Minister.
In this section and in sections 25 and 27, probation area has the same meaning as in section 4(1) of the Sentencing Act 2002.
Compare: 1985 No 120 s 124 (7) Functions of probation officers It is the function of every probation officer— (a) to supervise all persons placed under the officer’s supervision under a sentence of supervision or in- tensive supervision or community detention or home detention, or while serving a sentence of imprisonment on home detention, and to ensure that the conditions of the sentence or of the release are complied with: to supervise all persons placed under the officer’s super- vision under an extended supervision order made under Part 1A of the Parole Act 2002, and to ensure that the conditions of the order are complied with: to supervise all offenders released on parole and to en- sure that the conditions of parole are complied with: to supervise offenders released on compassionate re- lease under section 41 of the Parole Act 2002 and to ensure that the conditions of release (if any) are com- plied with: to arrange and administer community-based sentences and sentences of home detention imposed under section 80A of the Sentencing Act 2002 referred to the officer for that administration, and to ensure that the sentences are carried out: (ab) (ac) (ad) (b) 25 (1) 40 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 25 (c) (d) (e) (f) to co-ordinate and arrange community involvement (in- cluding the use of volunteers) in the administration of any particular community-based sentence or sentence of home detention imposed under section 80A of the Sentencing Act 2002, or any particular release under the Parole Act 2002, where appropriate and in accordance with any instructions issued by a controlling officer: to arrange, provide, and monitor rehabilitative and rein- tegrative programmes or related services for offenders, where appropriate, if directed to do so by a controlling officer: to provide all the reports and information that a court, the New Zealand Parole Board, or a prison manager may require under any enactment: to perform any other function that is prescribed by or under this Act or any other enactment.
(2) It is the function of every probation officer or person who is designated or appointed to manage or be employed at a com- munity work centre— (a) to monitor the compliance by offenders with the condi- tions of the sentence of community work; and to ensure that authorised work is available for offenders sentenced to community work; and to perform any other function that is prescribed by or under this Act or any other enactment; and to report to the controlling officer in the officer’s pro- bation area on the matters specified in paragraphs (a) to (c) and on any other matter relating to community work that he or she thinks fit.
(b) (c) (d) (3) A probation officer may commence or prosecute any proceed- ings in any court on behalf of any other probation officer.

Compare: 1985 No 120 s 125 Section 25(1)(a): substituted, on 1 October 2007, by section 58 of the Sentenc- ing Amendment Act 2007 (2007 No 27).

Section 25(1)(ab): inserted, on 7 July 2004, by section 14(3) of the Parole (Ex- tended Supervision) Amendment Act 2004 (2004 No 67).
Section 25(1)(ac): inserted, on 15 December 2005, by section 4 of the Correc- tions Amendment Act 2005 (2005 No 97).

Section 25(1)(ad): inserted, on 15 December 2005, by section 4 of the Correc- tions Amendment Act 2005 (2005 No 97).

41 Part 2 s 26 Corrections Act 2004 Reprinted as at 1 July 2009 Section 25(1)(b): substituted, on 1 October 2007, by section 58 of the Sentenc- ing Amendment Act 2007 (2007 No 27).
Section 25(1)(c): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

26 Probation officers may delegate power to supervise offenders on community work A probation officer may delegate, in writing, to any suitably trained employee of the department his or her powers to con- trol, direct, and supervise offenders subject to a sentence of community work in accordance with section 65 of the Sen- tencing Act 2002.
Compare: 1985 No 120 s 124A 27 (1) Controlling officer of probation area The chief executive must appoint under the State Sector Act 1988 a controlling officer for each probation area.

(2) A controlling officer must oversee the administration of all community-based sentences or sentences of home detention imposed under section 80A of the Sentencing Act 2002 being served in his or her probation area and is responsible for pro- bation officers and community work centres in that area.
Subject to any directions given by the chief executive, a con- trolling officer may delegate, in writing, to any probation offi- cer or to any other officer or employee of the department all or any of his or her powers and functions as a controlling officer in respect of his or her probation area.
(3) (5) (4) A person appointed or designated to manage a community work centre may, if permitted by a delegation referred to in subsection (3), delegate to any employee engaged at the cen- tre any power so delegated.

The fact that any officer or employee of the department exer- cises or performs any power or function of a controlling officer is conclusive evidence of his or her authority to do so.
(6) A controlling officer has and may exercise all the powers of a probation officer in respect of his or her probation area.

Compare: 1985 No 120 s 127 Section 27(2): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
42 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 29 28 29 (1) General Inspectors of corrections The chief executive must appoint as many suitable employees of the department as inspectors of corrections as are required for the purposes of this Act.
Compare: 1954 No 51 s 5(1) Powers and functions of inspectors of corrections Inspectors of corrections have the following powers and func- tions: (a) the powers and functions conferred by subpart 6 of Part 2: visiting and inspecting any prison, community work centre, probation office, or other place (including a dwellinghouse) at which a person under control or supervision is or was detained or required to attend, work, or live, and, at his or her discretion, interviewing any person who is or was under control or supervision: examining the treatment and conduct of persons who are or were under control or supervision: inquiring into all abuses or alleged abuses relating to the management of the sentence of a person who is or was under control or supervision: inquiring into any matter referred to him or her by the chief executive: for the purposes of this section, taking evidence under oath, or otherwise: reporting in writing to the chief executive on any of the matters outlined above, or any other matter relating to any prison, community work centre, probation office, or any other place (including a dwellinghouse) at which a person under control or supervision is required to at- tend, work, or live, as often as he or she sees fit, and whenever he or she is requested to do so by the chief executive: any other powers and functions conferred under this Act or any other enactment.
(b) (c) (d) (e) (f) (g) (h) (2) Whenever an inspector of corrections reports to the chief ex- ecutive under subsection (1)(g) about any matter concerning a 43 Part 2 s 30 Corrections Act 2004 Reprinted as at 1 July 2009 Police jail or a prisoner detained in a Police jail, the inspector must forward a copy of his or her report to the Commissioner of Police.
Compare: 1954 No 51 s 5(2) Subpart 2—Establishment and operation of community work centres Establishment of community work centres The Minister may, by notice in the Gazette, declare any land or building or any part of any land or building to be a community work centre.

The Minister may, in the same way, declare any land or build- ing or any part of any land or building to be added to, or ex- cluded from, any community work centre.
Every notice under this section takes effect from the date spe- cified in the notice.
Compare: 1985 No 120 s 126 Chief executive may make rules for community work centres and offenders carrying out community work The chief executive may make any rules that the chief execu- tive considers appropriate for— (a) (b) the management of any community work centre; and the conduct and welfare of the offenders subject to a sentence of community work while carrying out that sentence at a community work centre or at any other place.
30 (1) (2) (3) 31 (1) (2) Any rules made under subsection (1) may be made for— (a) (b) community work centres, or for any community work centre or class of community work centres specified in the rules: all offenders subject to a sentence of community work or any class of those offenders specified in the rules.

(3) Any rules made under subsection (1) must not be inconsistent with this Act, the Sentencing Act 2002, the Parole Act 2002, or any regulations made under any of those Acts.
Compare: 1985 No 120 s 129 44 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 33 Subpart 3—Establishment and operation of prisons 32 (1) (2) (3) a corrections prison: a Police jail.
Establishment of prisons The Minister may, by notice in the Gazette, declare any land or building or any part of any land or building to be either or both of the following kinds of prison: (a) (b) The Minister may, in the same way, declare any land or build- ing or any part of any land or building to be added to, or ex- cluded from, any prison.

Every notice under this section takes effect from the date spe- cified in the notice.
(4) Despite subsections (1) to (3), the Minister may, by notice in writing, declare any land or building, or part of any land or building that is the subject of a direction under section 191 (which relates to requisitioned property) to be a temporary cor- rections prison.
(5) A declaration under subsection (4)— (6) (a) (b) comes into effect on the date of the declaration: continues in force until the Minister, by notice in writing, declares that the land and buildings that were the subject of the declaration under subsection (4) are no longer required for use as a temporary corrections prison.
The Minister must— (a) make a declaration under subsection (5)(b) in respect of any land and buildings as soon as practicable after re- ceiving a notice from the chief executive under section 194(2)(a) relating to the land and buildings in question: publish in the Gazette a notice of any declaration under subsection (4) or subsection (5)(b) as soon as practic- able after the declaration is made.
(b) Compare: 1954 No 51 s 4 33 Manager may make rules for prison (1) The chief executive may authorise the manager of a correc- tions prison to make rules that the manager considers appro- 45 Part 2 s 34 Corrections Act 2004 Reprinted as at 1 July 2009 (2) priate for the management of the prison and for the conduct and safe custody of the prisoners.
The Commissioner of Police may authorise the manager of a Police jail to make rules that the manager considers appropri- ate for the management of the prison and for the conduct and safe custody of the prisoners.
(3) An authorisation given by the chief executive or the Commis- sioner of Police under subsection (1) or subsection (2) may be subject to— (a) any conditions imposed by the chief executive or, as the case requires, the Commissioner of Police: any limitations placed on the scope or subject matter of the rules by the chief executive or, as the case requires, the Commissioner of Police.
(b) (4) Any rules made under subsection (1) or subsection (2) may be revoked at any time by the prison manager and,— (a) in the case of rules made by the manager of a corrections prison, by the chief executive: in the case of rules made by the manager of a Police jail, by the Commissioner of Police.

(b) (5) Any rules made under subsection (1) or subsection (2) must not be inconsistent with this Act, the Sentencing Act 2002, the Parole Act 2002, or any regulations made under any of those Acts.
Compare: 1954 No 51 s 7(1) Detention and custody of prisoners Detention of prisoners 34 (1) A person who is sentenced to imprisonment (other than a per- son who is serving a sentence of imprisonment on home de- tention) must serve the sentence in a corrections prison.
(2) Despite subsection (1), any person sentenced to imprisonment may be detained in a Police jail on 1 or more occasions for a period not exceeding— (a) (b) the maximum period of detention; or any longer period required for the purposes of section 65(1) or for the purposes of giving effect to an order under section 65(3).
46 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 34 (3) A person may be held in custody on remand in— (a) (b) any Police jail on 1 or more occasions for a period not exceeding— (i) (ii) the maximum period of detention; or any longer period required for the purposes of section 65(1)(a) or for giving effect to an order under section 65(3); or any corrections prison designated for the purpose by the chief executive.
(4) (5) Subsections (1) to (3) are subject to the provisions of this Act and any other enactment.
In this section, maximum period of detention, in relation to any prisoner, means— (a) (b) a period of detention not exceeding 7 days; or if the chief executive considers that there is a shortage of accommodation in corrections prisons in the relevant area, or that the safety of the prisoner is in danger, one period of detention not exceeding 14 days after the date on which the chief executive authorises that extended period of detention in a Police jail; or if a Visiting Justice is satisfied, on application by the chief executive after the chief executive has given an authorisation under paragraph (b), that— (i) (c) there is a shortage of accommodation in correc- tions prisons in the relevant area or that the safety of the prisoner is in danger; and a further period of detention in a Police jail that extends beyond the period authorised under para- graph (b) is justified,— (ii) a period of detention not exceeding 14 days after the date on which the Visiting Justice authorises that ex- tended period of detention in a Police jail.
(6) (7) The chief executive must consult with the Commissioner of Police before exercising the power conferred by subsection (5)(b).

In this section, references to persons sentenced to imprison- ment include references to persons committed to prison or 47 Part 2 s 35 Corrections Act 2004 Reprinted as at 1 July 2009 otherwise liable to be detained in custody, except for the pur- poses of any remand pending or during trial or sentence.
Compare: 1954 No 51 s 12 Section 34(1): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Detention during transit 35 (1) While any prisoner or other person in custody is being taken to or from any prison, he or she may be detained in any other prison or in a Police station or hospital.
(2) A prisoner may, for the purposes of section 65(1) or for the purposes of giving effect to an order under section 65(3) be held in— (a) (b) any prison; or a hospital, Police station, or other place authorised by the court or Judge or Registrar— (i) (ii) for not more than 7 days; or for any longer period that the court or Judge or Registrar considers necessary or appropriate and specifies in the order.
Compare: 1954 No 51 ss 13, 26(3) 36 Police station deemed Police jail for certain purposes While any person is detained in a Police station under section 35, the Police station is deemed to be a Police jail and the constable in charge of the station is deemed to be the prison manager within the meaning of this Act.

Compare: 1954 No 51 s 14 Section 36: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
37 (1) Effect of warrant, etc, for specified prisons Except where otherwise allowed by law, no person may be received in a prison without a valid committal order.

(2) Any committal order issued, whether before or after the com- mencement of this Act, for the detention of any person in any specified prison is sufficient authority for the reception and de- tention of that person in any other prison to which he or she might have been committed.
48 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 38 (3) Any committal order identifying the prison by reference to its location or by any other sufficient description is not invalid by reason only that the prison is usually known by another name or description.

In this section, committal order includes any warrant, writ, order, direction, or authority requiring the detention of any person.
Compare: 1954 No 51 s 15; SR 2000/81 r 33 (4) 38 (1) (2) (3) (4) Legal custody of prisoners The chief executive has the legal custody of— (a) (b) every person lawfully detained in a corrections prison: every person under the control of a security officer or officer of a corrections prison, while that person carries out courtroom custodial duties or escort duties.
The Commissioner of Police has the legal custody of— (a) a Police jail; or if section 35 applies, a Police station: every person lawfully detained in— (i) (ii) every person under the control of a Police employee, while that person carries out courtroom custodial duties or escort duties.
(b) Legal custody under subsection (1) commences as soon as the person is received within a corrections prison or placed under the control of any security officer or officer of a corrections prison and continues while the person— is detained in the prison; or (a) is for any reason outside the prison under the control or (b) supervision of any security officer or officer of a cor- rections prison, staff member of a corrections prison, or probation officer, under the authority of this Act.
Legal custody under subsection (2) commences as soon as the person is received within a Police jail or is placed under the control of a Police employee and continues while the person— (a) (b) is detained in the prison; or is for any reason outside the prison under the control of any Police employee, under the authority of this Act.
49 Part 2 s 38 Corrections Act 2004 Reprinted as at 1 July 2009 (6) (5) Despite subsections (3) and (4), a person who is temporarily released from custody under section 62 or under any other en- actment is not in legal custody at any time while he or she is at large following his or her release.
If any prisoner is for any reason outside a prison under the con- trol or supervision of any probation officer under the authority of this Act, that probation officer has the powers of an officer to give any lawful order to the prisoner, and is an officer for the purposes of the following provisions: (a) section 21 (which relates to the protection of officers in the discharge of their functions): section 40 (which requires prisoners to obey lawful orders): section 128(1) (which relates to offences by prisoners against discipline): section 184 (which relates to the arrest of persons un- lawfully at large).
(b) (c) (d) (7) The status of any person under this section as a person in the legal custody of the chief executive or the Commissioner of Police, as the case may be, is not affected by the person’s pres- ence in a courtroom (whether or not, for the purposes of any other enactment, the person is also in the custody of the court before, during, or after that period).
(8) However, any security officer, other officer, or Police em- ployee who is responsible for the control or supervision of the prisoner under this Act must— (a) carry out, or facilitate the carrying out of, any directions given by the presiding Judge about the treatment or con- tainment of the prisoner while the prisoner is on court premises; and facilitate the exercise of powers by a courts security officer under section 26 of the Courts Security Act 1999 in relation to the prisoner.
(b) Compare: 1954 No 51 s 16(1)–(3) Section 38(2)(b): amended, on 1 October 2008, by section 130(1) of the Polic- ing Act 2008 (2008 No 72).

Section 38(4): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 38(4)(b): amended, on 1 October 2008, by section 130(1) of the Polic- ing Act 2008 (2008 No 72).

50 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 41 Section 38(8): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
39 (1) (2) 40 Duty of prisoner to return if control or supervision ceases If, owing to the illness or incapacity of the officer, staff mem- ber, or probation officer having the control or supervision of any prisoner outside the prison, or for any other reason, that control or supervision ceases, the prisoner must return to the prison immediately.
If the prisoner fails, without reasonable excuse (the proof of which lies on the prisoner), to return, he or she is deemed to have escaped from lawful custody and to be unlawfully at large, and is liable accordingly.

Compare: 1954 No 51 s 16(4) Prisoners must obey lawful orders A prisoner must promptly obey every lawful order given to him or her by— an officer; or (a) (b) a staff member.
Compare: SR 2000/81 r 142 Photographing and measuring of prisoner 41 (1) A prisoner may, if an officer directs,— be photographed: have his or her measurements taken: have his or her fingerprints taken: be required to undergo any other prescribed procedure designed to create a record to enable the subsequent identification of the prisoner.

(a) (b) (c) (d) (2) No procedure that purports to authorise the taking of a bodily sample from a prisoner may be prescribed for the purposes of subsection (1)(d).
The powers conferred by subsection (1)— (a) may be exercised only for the purpose of facilitating the (3) management and security of the prison; and (b) must be exercised subject to the provisions of this Act and any other enactment.

51 Part 2 s 42 Corrections Act 2004 Reprinted as at 1 July 2009 (4) (5) 42 (1) (2) If necessary, reasonable force may be used by an officer to compel the prisoner to submit to the taking of photographs, measurements, fingerprints, or other prescribed procedures.
The chief executive must ensure that, if the prisoner is a person accused of an offence and is subsequently acquitted, all photo- graphs (including any negatives or digital or other records of the photographs) and fingerprints taken during the prisoner’s detention in respect of the charge, and any record of identi- fying information created in reliance on subsection (1) during that period, are immediately destroyed.
Compare: 1954 No 51 s 17 Certain information to be given to recently received prisoners The manager of a prison must ensure that, on the reception of a prisoner in the prison, or reasonably promptly after the pris- oner is received, the prisoner is given, in writing, relevant in- formation on the operation and rules of the prison made under section 33 and the entitlements of prisoners.
The manager of a prison must ensure that, on the reception into the prison of a prisoner who is a citizen of another country, or promptly after the prisoner is received, the prisoner is given, in writing, advice that— (a) the prisoner may require the manager to inform a con- sular representative of the country of which the prisoner is a citizen of his or her detention; and any correspondence addressed to a representative by the prisoner will be forwarded to that representative with- out delay.
Compare: SR 2000/81 r 34 (b) Prisoners’ property Authorised property 43 (1) A prisoner may be issued with, or allowed to keep, any prop- erty declared to be authorised property by regulations made under this Act subject to— (a) the condition described in section 44(1); and 52 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 43 (c) (b) any special conditions imposed by the prison manager relating to the use of the property; and any condition set out in regulations made under this Act.
(2) Despite subsection (1), the prison manager may refuse to issue or allow a prisoner to keep an item of property if he or she has reasonable grounds to believe that— (a) the item may be used to injure the prisoner or any other person, or to damage property; or the item is a camera, tape recorder, or electronic device that may be used to record security features or actions in the prison; or the item may be used to circumvent practices or proced- ures in the prison; or the item has been obtained through coercion of a pris- oner or as a result of other improper behaviour; or the item is objectionable; or the item may assist a prisoner to— (i) discover new methods of committing offences; or continue offending; or (ii) the item may interfere with the effective management of the prison.
(b) (c) (d) (e) (f) (g) (3) Despite subsection (1), the prison manager may refuse to issue or allow a prisoner to keep any item of authorised property— (a) if the prisoner is— (i) subject to a penalty of forfeiture of privileges im- posed under subpart 5 of Part 2; or the subject of a direction under section 60 for the reason described in section 60(1)(b) (which re- lates to assessing or ensuring the prisoner’s men- tal health); or subject to cell confinement imposed as a penalty under subpart 5 of Part 2; or (ii) (iii) (b) if the prisoner is detained in a Police jail and, in the opinion of the manager, having regard to the facilities available at the Police jail and the resources available, it is not practicable to allow the prisoner to keep the item; or 53 Part 2 s 44 Corrections Act 2004 Reprinted as at 1 July 2009 (c) in any other circumstances specified in regulations made under this Act.
Compare: SR 2000/81 r 113 Standard conditions of issue and transfer of issued items The condition referred to in section 43(1)(a) is that, before the item is issued to the prisoner, the prisoner must acknowledge in writing that— (a) the prisoner accepts full responsibility for the property; and the corrections authorities are not liable for any loss of, or damage to, the property; and the property may not be transferred to another prisoner without the prior approval of the prison manager; and the prisoner will comply with any special conditions imposed under section 43(1)(b).
(b) (c) (d) This section does not— (a) apply to any item of property declared by regulations made under this Act as prison property to which this section does not apply; or apply to any property while it is under the immediate control and supervision of any of the corrections author- ities; or limit any conditions set out in regulations made under this Act relating to the issue, keeping, or transfer of authorised property.
(b) (c) In this section, the corrections authorities include the follow- ing: (a) (b) (c) (d) (e) (f) (g) (h) Compare: SR 2000/81 r 114 the Crown: a staff member: a contractor: an employee of a contractor: a security contractor: an employee of a security contractor: a constable: a security officer.

Section 44(3)(g): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
44 (1) (2) (3) 54 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 46 Disposal and destruction of prisoner property 45 (1) An item of prisoner property may be destroyed or disposed of in a manner approved by the prison manager if the prison manager considers the item to be— (a) (b) (c) (d) (e) a dangerous item or substance; or a health hazard; or inflammable; or intoxicating liquor; or a controlled drug (within the meaning of the Misuse of Drugs Act 1975); or objectionable; or perishable.
(f) (g) (2) An item of prisoner property may be destroyed or disposed of in a manner approved by the prison manager if the prison manager requires the item to be removed from the prison in accordance with any regulations made under this Act, and the prisoner concerned fails to comply with that requirement rea- sonably promptly.
(3) Any destruction of a prisoner’s property must be carried out in the prisoner’s presence unless— (a) destruction in his or her presence is dangerous or im- practicable; or the prisoner cannot be identified or located.
(b) Compare: SR 2000/81 r 120 Trust account and purchasing system 46 (1) Trust account and purchasing system for prisoners The chief executive must ensure that 1 or more trust accounts in which money belonging to prisoners is held exclusively for particular prisoners are opened and operated.

(2) A trust account must be operated and maintained in the pre- scribed manner.
(3) A prisoner must be paid all the money held exclusively for the prisoner in a trust account when the prisoner is discharged from a prison.

If a prisoner dies while in legal custody,— (a) the entries in any trust account that relate to the prisoner must be balanced as at the date of death; and (4) 55 Part 2 s 47 Corrections Act 2004 Reprinted as at 1 July 2009 (b) any money held exclusively for that prisoner must be paid to the executor or administrator of the prisoner’s estate.
(5) The chief executive must ensure that, in respect of each correc- tions prison, a purchasing system is established through which prisoners may buy approved items.

(6) A prisoner may buy an item through the purchasing system only if the prisoner— (a) uses money held exclusively for him or her in the trust account; and has enough money in the trust account to buy it.
(b) Compare: SR 2000/81 rr 125, 128 Security classifications Security classifications The chief executive must ensure that every prisoner who is subject to a sentence of imprisonment for a term exceeding 3 months is assigned a security classification that reflects the level of risk posed by that prisoner while inside or outside prison, including the risk of escape and the risk that escape would pose to the public.
Subsection (1) does not apply in respect of any prisoner who is released on home detention within 3 months of the commence- ment of his or her sentence.

The security classification of each prisoner must— (a) be undertaken and reviewed in the prescribed manner; and be reviewed— (i) at least once in every 6 months, unless an exemp- tion from this requirement is prescribed; or (ii) whenever there is a significant change in the pris- (b) oner’s circumstances.
For the purposes of subsection (3)(b)(ii), there is a significant change in a prisoner’s circumstances if— (a) there is a change to the length of the period that the prisoner is required to serve in detention (whether as a consequence of the imposition of another sentence or as a consequence of an increase, or reduction, of the 47 (1) (2) (3) (4) 56 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 48 (b) (c) (d) term of the prisoner’s existing sentence, on appeal or otherwise); or the prisoner escapes, or attempts to escape; or the prisoner does anything that, in the opinion of the prison manager, involves serious misconduct; or in the opinion of the prison manager, there is an event, or a change in the prisoner’s circumstances or behaviour, that indicates that the prisoner’s present security classi- fication may be inappropriate.
Compare: 1954 No 51 s 17A 48 (1) Further provisions relating to security classifications If a security classification is assigned to a prisoner, or the se- curity classification assigned to a prisoner is changed, the man- ager of the prison in which the prisoner is detained must ensure that the prisoner is promptly informed in writing of— (a) that classification or, as the case may be, that changed classification; and the reasons for the assignment of that classification or, as the case may be, that changed classification.
(b) (2) A prisoner who is dissatisfied with the security classification for the time being assigned to that prisoner may apply to the chief executive for a reconsideration of that classification, and the chief executive must ensure that the security classification is reconsidered promptly in the prescribed manner.
(3) Despite subsection (2), a prisoner may not make an applica- tion under subsection (2) if the security classification that ap- plies to the prisoner was reconsidered, as a consequence of an earlier application under subsection (2), within the previous 6 months.

(4) Whenever a security classification is assigned to a prisoner or a security classification assigned to a prisoner is reconsidered, the prisoner must be informed in writing of the decision.
Compare: 1954 No 51 s 17B 57 Part 2 s 49 Corrections Act 2004 Reprinted as at 1 July 2009 Assessment, use of time, management plans, and programmes 49 50 Prisoners must be assessed on reception and have needs addressed The chief executive must ensure that— (a) every prisoner is assessed promptly after reception at a prison to identify any immediate physical or mental health, safety, or security needs; and any needs identified by that assessment are addressed.
(b) Prisoners’ use of time The chief executive must ensure that, as far as is practicable, every prisoner is provided with an opportunity to make con- structive use of his or her time in prison.

51 Management plans (1) This section applies to every prisoner who is— (a) sentenced to imprisonment for a term of more than 2 months; or in custody for a continuous period of more than 2 months on remand.
(b) The chief executive must ensure that an individual manage- ment plan is devised for every prisoner to whom this section applies.

Each plan must be prepared, and revised at regular intervals, in accordance with any prescribed requirements and any relevant instructions issued under section 196.
Each plan must— (a) be based on an assessment of the needs, capacities, and disposition of the prisoner; and (b) make provision for the safe, secure, and humane con- (c) tainment of the prisoner; and outline how the prisoner can make constructive use of his or her time in the prison (including, in the case of a person sentenced to imprisonment, ways of addressing offending behaviour and preventing reoffending); and (2) (3) (4) 58 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 54 (d) (e) (f) outline how the prisoner may be prepared for eventual release from the prison and successful reintegration into the community; and include any prescribed matter or other matter required to be included in the plan by instructions issued under section 196; and be consistent with the resources available to the chief executive to manage the prisoner.
52 Rehabilitative programmes The chief executive must ensure that, to the extent consistent with the resources available and any prescribed requirements or instructions issued under section 196, rehabilitative pro- grammes are provided to those prisoners sentenced to impris- onment who, in the opinion of the chief executive, will benefit from those programmes.
Compare: 1954 No 51 s 17A(2) Transfer of prisoners Transfer from one prison to another 53 (1) A prisoner may be transferred, on the direction of the chief executive, from any prison to any other prison in which he or she may be lawfully detained.
(2) A prisoner may be transferred, on the direction of an inspector of corrections, from any prison to any other prison in which he or she may be lawfully detained if the inspector considers it necessary to transfer the prisoner to avoid or reduce any immediate danger to the prisoner or any other person.

(3) A direction given by an inspector of corrections under subsec- tion (2) may be revoked at any time by the chief executive.
Compare: 1954 No 51 s 22; SR 2000/81 r 35(1) Reasons for transfer 54 (1) A prisoner may be transferred by the chief executive from one prison to another for 1 or more of the following reasons: (a) to assist in reducing the likelihood of reoffending by the prisoner: to assist in facilitating the— (b) 59 Part 2 s 54 Corrections Act 2004 Reprinted as at 1 July 2009 (i) (ii) rehabilitation of the prisoner; or reintegration of the prisoner into the community on his or her release: to place that prisoner in a prison closer to his or her family: to respond to the needs of that prisoner, as identified in the management plan: to ensure the safety of that prisoner or any other person: to implement a change in the security classification of that prisoner: to provide medical or psychiatric care for that prisoner: to reduce the risk of self-harm by that prisoner if he or she is identified as being at risk: to reduce the risk to that prisoner if he or she is identified as being vulnerable to mistreatment by other prisoners: to grant a request by a prisoner for a transfer.
(c) (d) (e) (f) (g) (h) (i) (j) (2) A prisoner may be transferred by the chief executive from one prison to another in order to ensure compliance with the re- quirements of this Act or any regulations made under this Act concerning— (a) the separation of convicted prisoners from accused pris- oners; or the separation of prisoners who are under a specified age from prisoners who are of or over that age.
(3) A prisoner may be transferred by the chief executive from one (b) prison (the first prison) to another prison— (a) to restore or maintain the security and order of the first prison: to enable effective management of the national prisoner muster: to allow repairs or alterations at the first prison: in response to the closure or change of use of the first prison or part of that prison.
(b) (c) (d) (4) When considering whether to transfer a prisoner for 1 or more of the reasons set out in subsection (1) or when considering how a transfer for 1 or more of the reasons set out in subsection (2) or subsection (3) is to be effected, the chief executive must, as far as is reasonably practicable, have regard to— 60 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 55 (a) (b) (c) the desirability of providing the least restrictive envir- onment for the prisoner that is consistent with the main- tenance of public safety and the safety of staff members and other prisoners; and the need to facilitate the rehabilitation and reintegration of the prisoner into the community, taking into account the availability and location of appropriate services and programmes that will contribute to the achievement of those objectives; and the desirability of ensuring that the prisoner is detained at a location as close as is practicable to his or her fam- ily.
(5) A decision by the chief executive to transfer a prisoner must be made in the prescribed manner.

Compare: SR 2000/81 rr 35(1)(b), 36 Information to be given to prisoners 55 (1) A prisoner must be— (a) (b) informed of an impending transfer, and the destination, at least 7 days in advance; and provided with a reasonable opportunity to inform a member of his or her family of the impending transfer, and the destination, before the transfer is made.
(2) Subsection (1) does not apply if— (a) the prisoner to be transferred is expected to create a management difficulty before 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 prisoner or others at the prison within which the prisoner currently resides is at risk; or the transfer is being made to restore or maintain the security and order of the prison from which the prisoner is being transferred; or the transfer is being made to allow for the effective man- agement of the national prisoner muster; or the transfer is being made under section 65(1) or (3) (which relates to removal for judicial purposes).
(b) (c) (d) (e) 61 Part 2 s 56 Corrections Act 2004 Reprinted as at 1 July 2009 (4) (3) A prisoner to whom subsection (2)(a), (b), or (c) applies must, on arrival at the destination, be allowed 1 free phone call within New Zealand to advise a member of his or her family of that destination.
Subsection (3) does not apply to a prisoner if that prisoner— is informed of the impending transfer and the destin- (a) ation; and is provided with a reasonable opportunity to inform a member of his or her family of the impending transfer before it is made.
(b) (5) A prisoner to whom subsection (2)(d) applies must be in- formed of the transfer before departure and, if the prisoner does not have a reasonable opportunity to inform a member of his or her family before the transfer is made, then, on arrival at the destination, that prisoner must be allowed 1 free phone call within New Zealand to advise a member of his or her family of that destination.
Compare: SR 2000/81 r 37 Information about reasons for transfer 56 (1) A prisoner who is transferred from one prison to another under section 53(1) may ask the manager of the prison from which the prisoner was transferred to specify the reasons for the pris- oner’s transfer.

(a) (b) (2) A request under subsection (1) must— be in writing; and be forwarded to the manager within 1 month after the prisoner has been transferred to the other prison.
Reasonably promptly, and in any case no later than 1 month, after receiving a request under subsection (1), the manager must inform the prisoner, in writing, of the reasons for the prisoner’s transfer.

Compare: SR 2000/81 r 35(2)–(4) (3) 62 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 58 57 58 (1) (2) Denial or restriction of ability to associate Segregation The opportunity of a prisoner to associate with other prisoners may be restricted or denied in accordance with sections 58 to 60.
Segregation for purpose of security, good order, or safety The prison manager may direct that the opportunity of a pris- oner to associate with other prisoners be restricted or denied if, in the opinion of the manager,— (a) the security or good order of the prison would otherwise be endangered or prejudiced; or the safety of another prisoner or another person would otherwise be endangered.
(b) If a direction is given under subsection (1),— (a) the prisoner concerned must promptly be given the rea- sons in writing for the direction and any subsequent di- rection under subsection (3)(c): the chief executive must promptly be informed of the direction and the reasons for it.
(b) (3) A direction under subsection (1)— (a) must be revoked by the prison manager if there ceases to be any justification, under subsection (1), for continu- ing to restrict or deny the opportunity of the prisoner to associate with other prisoners: (b) may be revoked at any time by the chief executive or a (c) (d) (e) Visiting Justice: expires after 14 days unless, before it expires, the chief executive directs that it continue in force: if it continues in force because of a direction under para- graph (c), must— (i) be reviewed by the chief executive at intervals of not more than 1 month: expire after 3 months unless a Visiting Justice directs that it continue in force: (ii) if it continues in force because of a direction under para- graph (d)(ii), must be reviewed by a Visiting Justice at intervals of not more than 3 months.
Compare: 1954 No 51 s 7(1A)–(1C) 63 Part 2 s 59 Corrections Act 2004 Reprinted as at 1 July 2009 Segregation for purpose of protective custody The prison manager may direct that the opportunity of a pris- oner to associate with other prisoners be restricted or denied if— (a) the prisoner requests that his or her opportunity to asso- ciate be restricted or denied and the manager considers, having regard to any information supplied by the pris- oner or otherwise available to the manager, that it is in the best interests of the prisoner to give that direction; or the prison manager is satisfied that— (i) the safety of the prisoner has been put at risk by another person; and there is no reasonable way to ensure the safety of the prisoner otherwise than by giving that direc- tion.
(ii) (b) If a direction is given under subsection (1)(a),— (a) the direction is ineffective unless, either before or after the giving of the direction, the prisoner concerned gives his or her consent in writing to the giving of the direc- tion: the direction ceases to have effect if the prisoner with- draws his or her consent to the giving of the direction, but the prison manager may give a further direction under subsection (1)(b) without that prisoner’s consent if subsection (1)(b) applies.
(b) If a direction is given under subsection (1)(b),— (a) the prisoner concerned must promptly be given the rea- sons in writing for the direction, and any subsequent direction under subsection (4)(c): the chief executive must promptly be informed of the direction and the reasons for it.
(b) If a direction is given under subsection (1)(b), the direction— (a) must be revoked by the prison manager if there ceases to be any justification, under subsection (1)(b), for con- tinuing to restrict or deny the opportunity of the prisoner to associate with other prisoners: (b) may be revoked, at any time, by the chief executive: 59 (1) (2) (3) (4) 64 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 60 (c) expires after 14 days unless, before it expires, the chief executive directs that it continue in force: (d) must, if it continues in force because of a direction under paragraph (c), be reviewed by the chief executive at intervals of not more than 3 months.
Segregation for purpose of medical oversight 60 (1) A prison manager may direct that the opportunity of a pris- oner to associate with other prisoners be restricted or denied if a medical officer of the prison recommends that a direction of this kind is desirable for either or both of the following rea- sons: (a) in order to assess or ensure the prisoner’s physical health: in order to assess or ensure the prisoner’s mental health (including, without limitation, the risk of self-harm).
(b) (2) If a direction is given under this section,— (a) the prisoner concerned must promptly be given the rea- sons for the direction in writing: the chief executive must promptly be informed of the direction and the reasons for it.

(b) (4) (3) A direction under this section continues in force while the pris- oner continues to be detained in the prison unless the prison manager or the chief executive revokes it.
The prison manager may not revoke a direction under this sec- tion unless the medical officer advises that there has ceased to be any justification, under subsection (1), for continuing to re- strict or deny the opportunity of the prisoner to associate with other prisoners.
(5) While a direction under this section is in force, unless the med- ical officer directs otherwise, the prison manager must ensure that a registered health professional visits the prisoner con- cerned— (a) (b) at least once per day; or if the prisoner is assessed to be at risk of self-harm, at least twice per day.
65 Part 2 s 61 Corrections Act 2004 Reprinted as at 1 July 2009 61 Accommodation to be provided if segregation direction in force (1) A prisoner who is subject to a direction under section 58, sec- tion 59, or section 60 must be provided with accommodation with prescribed items and features that meets prescribed stand- ards.
Those items, features, and standards may— (a) (2) differ from the items and features provided in, or the standards required to be met for, accommodation for prisoners who are not subject to a direction under sec- tion 58, section 59, or section 60: differ depending on whether the direction was issued under section 58, section 59, or section 60: differ depending on the particular reason for the issue of a direction under any of those sections.
(b) (c) Temporary release from custody and temporary removal of prisoners Temporary release from custody or temporary removal from prison This section applies to every prisoner who is a member of a class of prisoners specified in regulations made under this Act as a class of prisoners who may be— (a) (b) temporarily released from custody under this section; or temporarily removed from prison under this section while remaining in custody under the control or super- vision of an officer, staff member, or probation officer during the period of removal.
The chief executive may give authority for the temporary re- lease from custody or temporary removal from prison of a pris- oner to whom this section applies— (a) for any purpose specified in regulations made under this Act that the chief executive considers will facilitate the achievement of 1 or more of the following objectives: the rehabilitation of the prisoner and his or her (i) successful reintegration into the community (whether through release to work (including self-employment), to attend programmes, or otherwise): 62 (1) (2) 66 Reprinted as at 1 July 2009 (ii) Corrections Act 2004 Part 2 s 63 (b) the compassionate or humane treatment of the prisoner or his or her family: furthering the interests of justice; or (iii) in any circumstances that, in the opinion of the chief executive, are exceptional and that will facilitate the achievement of 1 or more of the objectives described in paragraph (a).
(3) In exercising the powers conferred by subsection (2), the chief executive must consider— (a) whether the release or removal of the prisoner might pose an undue risk to the safety of the community while the prisoner is outside the prison: the extent to which the prisoner should be supervised or monitored while outside the prison: the benefits to the prisoner and the community of re- moval or release in facilitating the reintegration of the prisoner into the community: (b) (c) (d) whether removal or release would undermine the in- tegrity of any sentence being served by the prisoner.
Compare: 1954 No 51 ss 21(1), 21A(1)–(4), (6), (7) (2) Temporary release from custody 63 (1) Any temporary release from custody under section 62 is for a period fixed by the chief executive and may be subject to conditions imposed by the chief executive.

The chief executive or the prison manager may, at any time, direct the return to a prison of any person temporarily released from custody under section 62.
Every person temporarily released from custody under section 62 is deemed to be unlawfully at large if he or she— (a) (3) (b) (c) is at large after the expiry of the period for which he or she was so released; or is at large after the giving of a direction for his or her return to a prison under subsection (2); or breaches any condition imposed under subsection (1) requiring the person to stay at any place or within any geographical area, to stay with a particular person or group, or to attend a particular programme or course.
67 Part 2 s 64 Corrections Act 2004 Reprinted as at 1 July 2009 (4) 64 If any person released under this section is at large without rea- sonable excuse (the proof of which excuse lies on him or her) after the expiry of the period for which he or she was released, after the giving of a direction under subsection (2), or after the person breaches any condition referred to in subsection (3)(c), he or she is deemed to have escaped from lawful custody and is liable accordingly.
Compare: 1954 No 51 ss 21(2)–(5), 21A(2)–(9) Temporary removal from prison Any temporary removal from prison under section 62— (a) (b) is for a period fixed by the chief executive; and is subject to the condition that the person removed must be under the control or supervision of an officer, a staff member, or a probation officer during the period of re- moval; and (c) may be subject to any other condition imposed by the chief executive.
Compare: 1954 No 51 ss 27, 28 Removal of prisoner for judicial purposes 65 (1) A prisoner may be— (a) (b) brought up for trial, summary hearing, or sentence (or for any bail application, remand, adjournment, or other ancillary proceeding); and removed by or under the direction of the prison man- ager from one prison to another or from one place of confinement to another for any of these purposes or for the purpose of undergoing sentence.
Subsection (3) applies if— (a) a prisoner is charged with an offence, not being the of- fence for which the prisoner is in custody; or a prisoner is the subject of an application under Part 1A of the Parole Act 2002 for an extended supervision order or for the extension of an extended supervision order; or in any other case, the interests of justice require the attendance for judicial purposes of a prisoner.
(ab) (b) (2) 68 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 66 (3) (4) (5) If this subsection applies, any court or Judge or Registrar may, by order in writing, direct the manager of the prison in which the prisoner is detained to bring the prisoner, or to ensure that the prisoner is brought, before the court or, as the case may require, to arrange the attendance of the prisoner for those ju- dicial purposes, as often as is necessary, and the manager must obey the order.
The court or Judge or Registrar making any order under sub- section (3) must, if the order is made in a civil proceeding, and may, if it is made in any other proceeding, require any person applying for the order to deposit a sum sufficient to pay the expenses of bringing the prisoner before the court or, as the case may require, arranging the attendance of the prisoner for judicial purposes, and returning the prisoner to the prison in which he or she is required by law to be detained.
In subsection (4), expenses, in relation to a prisoner, includes the expenses of the prisoner’s maintenance and custody from the time the prisoner leaves the prison until the time he or she returns.

Compare: 1954 No 51 s 26(1), (2), (4) Section 65(2)(ab): inserted, on 7 July 2004, by section 14(4) of the Parole (Ex- tended Supervision) Amendment Act 2004 (2004 No 67).
Work and earnings 66 Work and earnings (1) Every prisoner (other than a prisoner who is only awaiting trial or on remand or who is detained under the Immigration Act 1987) may, while in custody,— (a) be employed in any work that is directed or provided by the prison manager; and be employed in that work outside the prison in which he or she is detained.
(b) (2) A prisoner who is detained only because he or she is awaiting trial or on remand or who is detained under the Immigration Act 1987 may be employed under this section if he or she asks to be employed.
Earnings at a rate or rates approved by the Minister may be— (3) 69 Part 2 s 67 Corrections Act 2004 Reprinted as at 1 July 2009 (4) (5) (6) (a) (b) credited to each prisoner employed under this section; or applied or paid in accordance with regulations made under this Act; or dealt with under both paragraphs (a) and (b).
(c) The manager of a prison in which any industry provides work under this section to prisoners in that prison must ensure that, in the operation of that industry, there are adopted only those accounting methods that are from time to time approved by the chief executive.
Prisoners may— (a) be employed under this section only in work of a kind described in subsection (6) that is approved by the chief executive and under the conditions approved by the chief executive; and only be directed, under subsection (1)(a), to perform work of a kind specified in subsection (6)(b).
(b) The work referred to in subsection (5) is work that is— (a) intended to provide the prisoner with work experience or to assist his or her rehabilitation or reintegration into the community; or intended to reduce the costs of keeping prisoners in cus- tody (for example, cooking, cleaning, and maintenance within the prison or any other prison).

(b) (7) Any work in which a prisoner is employed under this section must be carried out in accordance with any prescribed require- ments.
Compare: 1954 No 51 s 20 Earnings of employed prisoner The net amount of wages or salary payable to any prisoner for work done by the prisoner during any period or periods for which the prisoner is temporarily released from custody under section 62 must be paid to the chief executive by the prisoner’s employer, in any manner that is agreed between the chief executive and the employer, to the credit of the prisoner.
Every prisoner who is temporarily released from custody under section 62 to engage in self-employment must pay to 67 (1) (2) 70 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 69 the chief executive to the credit of the prisoner, at the times that the chief executive directs, those sums on account of his or her earnings in that employment that the chief executive determines.
Compare: 1954 No 51 s 21C(1), (3) 68 Application of money Any money paid to the chief executive under section 67 to the credit of a prisoner must be applied by the chief executive, in any proportions that the chief executive considers appropriate, in payment of all or any of the following: (a) any expenses incidental to the prisoner’s employment outside the prison: the cost of the prisoner’s detention for each week dur- ing which he or she is allowed, at any time, to engage in employment outside the prison in accordance with a direction under section 62 authorising the prisoner’s temporary release from custody, but not exceeding the weekly rate fixed by the Minister: the maintenance of any of the prisoner’s dependants: the prisoner’s requirements on his or her release from the sentence under which the prisoner is detained: any fine or reparation or other sum of money that the prisoner was ordered to pay on his or her conviction for any offence: the satisfaction in whole or in part of any judgment debt owing by the prisoner or of any other debt acknow- ledged in writing by the prisoner as owing by him or her: the purchase by the prisoner of any article of a type approved for the time being by the chief executive.
(b) (c) (d) (e) (f) (g) Compare: 1954 No 51 s 21C(4) Minimum entitlements 69 Minimum entitlements (1) Every prisoner has the following minimum entitlements: (a) (b) (c) physical exercise, as provided for in section 70: a bed and bedding, as provided for in section 71: food and drink, as provided for in section 72: 71 Part 2 s 69 Corrections Act 2004 Reprinted as at 1 July 2009 (d) (e) (f) (g) (h) (i) (j) (k) access to private visitors, as provided for in section 73: access to statutory visitors and specified visitors: access to legal advisers, as provided for in section 74: to receive medical treatment, as provided for in section 75: to send and receive mail, as provided for in section 76: to make outgoing telephone calls, as provided for in section 77(3): to exercise any right conferred on prisoners by regula- tions made under this Act to communicate using any specified device or medium of communication: access to information and education, as provided for in section 78.
(2) A prisoner may be denied, for a period of time that is reason- able in the circumstances, 1 or more of the minimum entitle- ments set out in subsection (1) if— (a) (b) (c) there is an emergency in the prison; or the security of the prison is threatened; or the health or safety of any person is threatened.
(3) A prisoner detained in a Police jail may be denied 1 or more of the minimum entitlements set out in subsection (1) (other than the entitlements referred to in subsection (1)(b), (c), (f), and (g), and the entitlement under subsection (1)(e) of access to statutory visitors) if, in the opinion of the prison manager or other person in charge, it is not practicable to provide those entitlements, having regard to the facilities available at the Po- lice jail and the resources available.
(4) A prisoner— (a) may be denied the minimum entitlements referred to in subsection (1)(d), (i), (j), and (k) if the prisoner is undergoing a penalty of cell confinement imposed under subpart 5 of Part 2: (b) may be denied the minimum entitlement referred to in subsection (1)(k) if a direction under section 58 or 59 is in force and the prison manager considers that the prisoner is likely to damage prison property.
The minimum entitlements conferred by subsection (1) are not privileges referred to in section 43(3)(a)(i), section 133(3)(a), or section 137(3)(a).

(5) 72 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 72 (6) Subsections (2), (3), and (4) override sections 70 to 78.

Compare: SR 2000/81 r 42 Exercise 70 (1) (2) Exercise Every prisoner (other than a prisoner who is engaged in out- door work) may, on a daily basis, take at least 1 hour of phys- ical exercise.
The physical exercise referred to in subsection (1) may be taken by the prisoner in the open air if the weather permits.

Compare: SR 2000/81 r 49 Bedding 71 (1) Bedding Every prisoner must be provided with a separate bed, and suf- ficient bedding for warmth, health, and reasonable comfort.

(2) A prisoner’s bedding must be laundered as often as is neces- sary to maintain cleanliness.

(3) All bedding must be laundered before it is reissued to another (4) 72 (1) prisoner.
In this section,— bed includes a mattress bedding does not include a mattress.

Compare: SR 2000/81 r 53 Diet Diet Every prisoner must be provided with a sufficient quantity of wholesome food and drink based on the food and nutri- tional guidelines for the time being issued by the Ministry of Health, and drinking water that complies with any drinking water standards for the time being issued by the Ministry of Health or in force under any enactment.
(2) As far as practicable in the circumstances, in providing food and drink to prisoners, allowance must be made for the various religious, spiritual, and cultural needs of the prisoners.

73 Part 2 s 73 Corrections Act 2004 Reprinted as at 1 July 2009 (3) A medical officer may prescribe a particular diet for a particu- lar prisoner.
Compare: SR 2000/81 r 56 Visiting Entitlement to private visitors 73 (1) A prisoner is entitled to receive at least 1 private visitor each (2) (3) 74 (1) (2) week for a minimum duration of 30 minutes.

Subsection (1) is subject to any regulations made under this Act that regulate the visiting of prisoners.
Subsection (1) does not limit visits to a prisoner— (a) (b) by his or her legal adviser under section 74; or by a statutory visitor who is authorised by any enact- ment to visit the prisoner or by a specified visitor; or by any person or class of person authorised by regula- tions made under this Act to visit the prisoner at more frequent intervals.
(c) Compare: SR 2000/81 r 82 Legal adviser may visit prisoner The legal adviser of a prisoner may visit the prisoner at any time agreed to by the prison manager if the purpose of the visit is to discuss the prisoner’s legal affairs.

If the manager does not agree to a particular time for a visit by a legal adviser, the manager must nominate an alternative time that is reasonable in the circumstances.
(3) An interview between a legal adviser, and a prisoner— (a) must be held out of the hearing of any other person; and (b) may, with the agreement of the prison manager, be held out of the sight of any other person.

Compare: SR 2000/81 r 85 Medical treatment and health care 75 Medical treatment and standard of health care (1) A prisoner is entitled to receive medical treatment that is rea- sonably necessary.
74 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 77 (2) The standard of health care that is available to prisoners in a prison must be reasonably equivalent to the standard of health care available to the public.

Compare: SR 2000/81 r 58 Mail to and from prisoners Prisoners may send and receive mail 76 (1) A prisoner may send and receive as much mail as the prisoner (2) 77 (1) (2) (3) (4) (5) wishes.
Subsection (1) is subject to— (a) (b) sections 105 and 108; and any restrictions relating to the manner in which mail is received or sent, the provision of materials for writing letters, and the payment of postage contained in regula- tions made under this Act.

Compare: SR 2000/81 r 97(1) Telephone calls Outgoing telephone calls The chief executive must ensure that every corrections prison has telephone facilities for prisoners to make outgoing tele- phone calls.
The Commissioner of Police must ensure that every Police jail has telephone facilities for prisoners to make outgoing tele- phone calls.

Every prisoner is entitled to make at least 1 outgoing telephone call of up to 5 minutes’ duration per week.
The entitlement in subsection (3) is in addition to any tele- phone call made to— (a) (b) The chief executive (in the case of a corrections prison) or the Commissioner of Police (in the case of a Police jail) may im- pose conditions on, and maintain records of, the use of tele- phone facilities by prisoners.

an official agency; or the prisoner’s legal adviser.
75 Part 2 s 78 Corrections Act 2004 Reprinted as at 1 July 2009 (6) Every prisoner who makes an outgoing telephone call must meet the cost of that call, except where this Act, or any regu- lations made under this Act, provide otherwise.
Compare: SR 2000/81 r 107 Information and education needs of prisoners 78 (1) A prisoner is entitled— (a) (b) (c) to reasonable access to news: so far as is practicable, to access to library services: to access to further education that, in the opinion of the prison manager, will assist in— (i) (ii) (iii) his or her rehabilitation; or a reduction in his or her reoffending; or his or her reintegration into the community.
(2) The Crown is not required to provide a prisoner with any of the education referred to in subsection (1)(c) free of charge unless— (a) there is an entitlement to receive that education free of charge (whether under the Education Act 1989 or under another enactment); or the education is— (i) provided to a prisoner with poor literacy skills; and designed to improve those skills.
(ii) (b) Other duties in relation to prisoners 79 (1) Religious and spiritual needs The chief executive must ensure that in every corrections prison, so far as is reasonable and practicable, appropriate provision is made for the various religious and spiritual needs of prisoners.

(2) No prisoner may be required to receive a visit from a minister of religion if the prisoner objects to that visit.
Section 129(a) does not apply to a prisoner who, during a re- ligious service (whether inside or outside a prison),— (a) consumes a small quantity of wine provided at the ser- vice by a prison chaplain or minister of religion for the purposes of the Eucharist, Holy Communion, Mass, or (3) 76 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 82 (b) Communion, with the express authority of the prison manager or chief executive; or consumes a small quantity of wine or other alcohol pro- vided at the service as part of the ritual of the religion in question, by the person conducting the service, with the express authority of the prison manager or chief ex- ecutive.
Compare: SR 2000/81 r 45 Section 79(3): added, on 3 April 2009, by section 6 of the Corrections Amend- ment Act 2009 (2009 No 3).

80 Needs relating to particular cultures The chief executive must ensure that in every corrections prison, so far as is reasonable and practicable, appropriate provision is made for the various needs of prisoners arising because they belong to a particular culture.
Compare: SR 2000/81 r 46 81 Working conditions (1) Unless there is an emergency, no prisoner may be required to work on a certain day if working on that day would be incon- sistent with the prisoner’s genuine religious beliefs or prac- tices.

(2) No prisoner may be required to work for more than 40 hours (3) 82 (1) per week.

Every prisoner is entitled to 1 day of rest in each week.
Compare: SR 2000/81 r 47 Living conditions Accommodation generally The chief executive must ensure that each type of accommo- dation provided in a corrections prison complies with all re- quirements in regulations made under this Act concerning— the items and facilities to be included in, or excluded (a) from, accommodation of that type; and the standards to be met by accommodation of that type.
(b) 77 Part 2 s 83 Corrections Act 2004 Reprinted as at 1 July 2009 (2) This section does not apply to accommodation to which sec- tion 61 applies.
Compare: SR 2000/81 r 50 Subpart 4—Coercive powers Use of force and restraints, and related matters Use of force 83 (1) No officer or staff member may use physical force in dealing with any prisoner unless the officer or staff member has rea- sonable grounds for believing that the use of physical force is reasonably necessary— (a) (b) (c) in self-defence, in the defence of another person, or to protect the prisoner from injury; or in the case of an escape or attempted escape (including the recapture of any person who is fleeing after escape); or in the case of an officer,— (i) to prevent the prisoner from damaging any prop- erty; or in the case of active or passive resistance to a lawful order.
(ii) (3) (2) An officer or staff member who uses physical force for any of the purposes or in any of the circumstances referred to in subsection (1) may not use any more physical force than is reasonably necessary in the circumstances.
If an officer or staff member uses physical force in dealing with any prisoner, the prisoner must, as soon as practicable after the application of that force, be examined by a registered health professional, unless that application of force is limited to the use of handcuffs of a kind that have been prescribed for use as a mechanical restraint.
(4) Nothing in this section limits or affects any other provision in this Act or any other enactment that authorises an officer or staff member to use physical force, or any provision of the Crimes Act 1961, or any rule of law, that makes any specified circumstances— (a) a justification or excuse for the use of force; or 78 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 85 a defence to a charge involving the use of force.
(b) Compare: 1954 No 51 s 17C Provoking prisoners 84 (1) No officer or staff member may deliberately act or speak in a (2) 85 (1) (2) (3) (4) (5) manner likely to provoke a prisoner.

To avoid doubt, subsection (1) does not prevent an officer or staff member from issuing any lawful order to a prisoner or providing any information to a prisoner or otherwise carrying out his or her duties.
Compare: 1954 No 51 s 17D Use of non-lethal weapons In any situation described in section 83(1) or in any other situ- ation where an officer or staff member is authorised by any other provision in this Act or any other enactment to use phys- ical force, any officer or staff member may, if necessary, use any kind of non-lethal weapon prescribed for use.
The use of a non-lethal weapon by an officer or a staff mem- ber— (a) is subject to any conditions or restrictions specified in regulations made under this Act; and (b) must, if the weapon is used in any situation described in section 83(1), be in accordance with section 83(2).
Regulations may not be made authorising the use of any kind of non-lethal weapon unless the Minister is satisfied that— (a) the use of that kind of weapon is compatible with the humane treatment of prisoners; and the potential benefits from the use of the weapon out- weigh the potential risks.

(b) In this section, non-lethal weapon means any weapon de- signed— (a) to temporarily disable a person against whom it is used; or (b) to incapacitate a person against whom it is used.
This section does not limit the powers of a constable under any other enactment.

Section 85(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

79 Part 2 s 86 Corrections Act 2004 Reprinted as at 1 July 2009 (3) (2) Possession, carriage, and use of firearms restricted 86 (1) No officer or staff member may possess, carry, or use any firearm within a prison except as provided under subsection (3).
This section does not limit the powers of a constable under any other enactment.

The chief executive may, in writing, authorise an officer or staff member to possess, carry, or use a firearm within a prison, but only in a specified area of the prison for 1 or more of the following purposes: (a) (b) for the purpose of any specified prison industry: for the purpose of humanely killing sick or injured ani- mals: (c) for the purpose of pest control.
If subsection (3) applies, a firearm— (a) may only be used by an officer or staff member who holds a current firearms licence under section 24 of the Arms Act 1983 and in accordance with that Act; and (b) must not be used while prisoners are present; and (c) must not be stored in a prison.

Compare: 1954 No 51 s 19B Section 86 heading: amended, on 3 April 2009, by section 7(1) of the Correc- tions Amendment Act 2009 (2009 No 3).
Section 86(1): substituted, on 3 April 2009, by section 7(2) of the Corrections Amendment Act 2009 (2009 No 3).

Section 86(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 86(3): added, on 3 April 2009, by section 7(3) of the Corrections Amendment Act 2009 (2009 No 3).

Section 86(4): added, on 3 April 2009, by section 7(3) of the Corrections Amendment Act 2009 (2009 No 3).
Restraint of prisoners In any situation described in section 83(1) or in any other pre- scribed circumstances, any officer or staff member may, if ne- cessary, apply any kind of mechanical restraint prescribed for use.
The use of a mechanical restraint by an officer or staff mem- ber— (4) 87 (1) (2) 80 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 88 (3) (a) is subject to any conditions or restrictions specified in regulations made under this Act; and (b) must, if the restraint is used in any situation described in section 83(1), be in accordance with section 83(2).
Regulations may not be made authorising the use of any kind of mechanical restraint unless the Minister is satisfied that— the use of that kind of restraint is compatible with the (a) humane treatment of prisoners; and the potential benefits from the use of the restraint out- weigh the potential risks.

(b) (4) A mechanical restraint— (a) may not be used for any disciplinary purpose: (b) must be used in a manner that minimises harm and dis- comfort to the prisoner.
(5) No prisoner may be kept under mechanical restraint for more than 24 hours except— (a) under an order in writing signed by a Visiting Justice specifying the reasons for the restraint and the time dur- ing which the prisoner is to be kept under restraint; or if permitted by regulations made under this Act.
(b) (6) Despite subsections (1) to (4), chains and irons may not be fitted or attached— (a) (b) to a prisoner’s neck or torso, in any circumstances; or to a prisoner’s leg unless, for medical reasons, any other form of restraint would be impractical.
Compare: 1954 No 51 s 19 88 Reporting on use of force, weapons, and mechanical restraints Particulars of the use of force, non-lethal weapons, and mech- anical restraints must, wherever required by regulations made under this Act,— (a) (b) be recorded; and be given by notice in writing to the chief executive and to any other person or persons specified in those regu- lations.
81 Part 2 s 89 Corrections Act 2004 Reprinted as at 1 July 2009 Searching of prisoners and other persons Definition of rub-down search For the purposes of this Act, a rub-down search means a search of a clothed person in which the person conducting the search may do all or any of the following: (a) run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of that person: insert his or her hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched: for the purpose of permitting a visual inspection, require the person being searched to do all or any of the follow- ing, namely— (i) (ii) (iii) (iv) open his or her mouth: display the palms of his or her hands: display the soles of his or her feet: lift or rub his or her hair.
(b) (c) For the purpose of facilitating any of the actions referred to in any of paragraphs (a) to (c) of subsection (1), the person conducting a rub-down search may require the person being searched— (a) to remove, raise, lower, or open any outer clothing (in- cluding (without limitation) any coat, jacket, jumper, or cardigan) being worn by the person being searched, ex- cept where that person has no other clothing, or only underclothing, under that outer clothing; and to remove any head covering, gloves, or footwear (in- cluding socks or stockings) being worn by that person.
(3) Authority to conduct a rub-down search includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but does not authorise the insertion of any instrument, device, or thing into any orifice of those kinds.
Compare: 1954 No 51 s 21D (b) 89 (1) (2) 82 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 90 (2) 90 (1) Definition of strip search For the purposes of this Act, a strip search means a search where the person conducting the search may require the person being searched to remove, raise, lower, or open all or any of that latter person’s clothing.
For the purpose of facilitating a strip search, the person con- ducting the search may require the person being searched to do all or any of the following: open his or her mouth: (a) display the palms of his or her hands: (b) display the soles of his or her feet: (c) lift or rub his or her hair: (d) raise his or her arms to expose his or her armpits: (e) with his or her legs spread apart, bend his or her knees: (f) lift or raise any part of his or her body (including, for (g) example, rolls of fat, genitalia, and breasts).
(3) Authority to conduct a strip search includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, and to conduct a visual exam- ination of the anal and genital areas (without the use of any instrument or device designed to illuminate or magnify), but does not authorise the insertion of any instrument, device, or thing into any orifice of those kinds.
For the purposes of undertaking a strip search if section 98(3)(a) applies (which relates to the situation where an officer has reasonable grounds for believing that a prisoner has an unauthorised item in his or her possession),— (a) (4) the person conducting the search may require the person being searched, in addition to doing all or any of the things referred to in subsection (2), to bend his or her knees, with his or her legs spread apart, until his or her buttocks are adjacent to his or her heels: the authority to conduct the search includes the author- ity to conduct a visual examination (whether or not fa- cilitated by any instrument or device designed to illu- minate or magnify) of the mouth, nose, ears, and anal and genital areas, but does not authorise the insertion of (b) 83 Part 2 s 91 Corrections Act 2004 Reprinted as at 1 July 2009 any instrument, device, or thing into any orifice of those kinds.
Compare: 1954 No 51 s 21E Section 90(2)(g): added, on 3 April 2009, by section 8(1) of the Corrections Amendment Act 2009 (2009 No 3).

Section 90(3): amended, on 3 April 2009, by section 8(2) of the Corrections Amendment Act 2009 (2009 No 3).

Definition of scanner search For the purposes of this Act, a scanner search means a search of a person while he or she is fully clothed using an electronic device designed to identify the presence of unauthorised items.
Definition of x-ray search For the purposes of this Act, an x-ray search means the search of a fully or partially clothed person using an x-ray machine or other prescribed device that is designed to identify the pres- ence of items that are internally concealed.
For the purpose of facilitating an x-ray search, the person con- ducting the search may require the person being searched to— remove any item of clothing that needs to be removed (a) in order to carry out the search: comply with any other procedure that needs to be under- taken to carry out the search.

(b) Restrictions on internal examinations Nothing in this Act authorises or permits the internal examin- ation of any body orifice of any person by any officer, except as provided by sections 89, 90, and 92.
Compare: 1954 No 51 s 21F 91 92 (1) (2) 93 Restrictions on searches 94 (1) A rub-down search or strip search may be carried out only by a person of the same sex as the person to be searched, and no strip search may be carried out in view of any person who is not of the same sex as the person to be searched.
(2) A person who carries out a scanner search, rub-down search, strip search, or x-ray search must conduct the search with de- cency and sensitivity and in a manner that affords to the person 84 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 96 being searched the greatest degree of privacy and dignity con- sistent with the purpose of the search.

(3) No officer may conduct a strip search unless one of the follow- ing persons is also present: another officer: (a) a constable.
(b) (4) A strip search of a prisoner must not be carried out in view of another prisoner.

(5) No officer may conduct a rub-down search of any person (other than a prisoner) unless one of the following persons is also present: another officer: (a) (b) a constable.

Compare: 1954 No 51 s 21G Section 94(3)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 94(5)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

95 Authority to detain for purposes of search Authority conferred by this Act to search any person includes the authority to detain that person for the purposes of the search.
Compare: 1954 No 51 s 21H Authority to search property 96 (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 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 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 prisoner includes the authority to search— 85 Part 2 s 97 Corrections Act 2004 Reprinted as at 1 July 2009 (a) (b) any item of clothing removed, raised, opened for the purposes of the search: any item carried by, or in the possession of, that pris- oner.
lowered, or (4) Authority conferred by this Act to conduct a search of any cell or any place set aside for the exclusive use of a person in a prison includes the authority to search any item in that cell or place.

(5) Authority conferred by this Act to conduct a search of any ve- hicle includes the authority to search any item in that vehicle.
(6) 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.

(7) Authority to search any cell or other place, vehicle, or item, includes the authority to use an aid or aids such as a chemical substance or x-ray or imaging equipment or some other mech- anical, electrical, or electronic device, or other similar aid.
Compare: 1954 No 51 s 21I Section 96(7): added, on 3 April 2009, by section 9 of the Corrections Amend- ment Act 2009 (2009 No 3).

97 (1) Use of dogs for searching In exercising any power of search conferred by this Act, any officer may have with him or her, and use for the purposes of searching, any dog.
(2) Any dog used for searching may be under the control of— (a) (b) the 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- company the officer for the purposes of the search.

(3) While any officer is using a dog 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.
(4) Any officer who uses a dog for the purposes of searching any person must conduct the search with decency and sensitivity and in a manner that affords to the person being searched the 86 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 98 greatest degree of dignity consistent with the purpose of the search.

Compare: 1954 No 51 s 21J Section 97(2)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Search of prisoners and cells 98 (1) An officer may, at any time, for the purpose of detecting any unauthorised item, conduct— (a) (b) (c) a scanner search of any prisoner: a rub-down search of any prisoner: a search of any cell in a prison.

(2) Nothing in subsection (1)(c) limits or affects any power or authority to search or inspect any cell in any prison for any purpose relating to the security of the prison.
(3) An officer may conduct a strip search of a prisoner— (a) if the officer— (i) has reasonable grounds for believing that the prisoner has in his or her possession an unauthor- ised item; and has obtained the manager’s approval to the con- duct of a strip search; or (ii) (b) in the situations referred to in subsection (6).
(4) Despite subsection (3)(a)(ii), it is not necessary to obtain the approval of a prison manager for the conduct of a strip search under subsection (3) if the delay involved in obtaining that approval would endanger the health or safety of any person or prejudice the maintenance of security at the prison.
The power to conduct a strip search of a prisoner under sub- section (3) may only be exercised— (a) (b) for the purpose of detecting any unauthorised item; and if a strip search is necessary in the circumstances for the purpose of detecting an unauthorised item.
(5) (6) The situations referred to in subsection (3)(b) are as follows: immediately before the prisoner is locked in a cell to (a) undergo a penalty of cell confinement imposed under subpart 5 of Part 2: on the return of the prisoner to the prison: (b) 87 Part 2 s 98 Corrections Act 2004 Reprinted as at 1 July 2009 (c) (d) (e) (f) (g) (h) (i) (j) on the return of the prisoner from work or from a part of the prison that is not supervised: immediately before the prisoner leaves the prison: at any time while the prisoner is being transferred to another prison: at any time while the prisoner is outside the prison in the control of an officer: immediately before or immediately after the prisoner is brought before— (i) a Visiting Justice for the purposes of any hearing or examination under subpart 5 of Part 2 or any appeal under subpart 5 of Part 2: a hearing adjudicator for the purposes of any hearing or examination under subpart 5 of Part 2: any tribunal or court: any hearing before the New Zealand Parole Board: (ii) (iii) (iv) immediately before any person visits the prisoner: immediately after any person has visited the prisoner: if the prisoner is required under section 124 to submit to a prescribed procedure in the situation referred to in section 124(2)(d), immediately before the prisoner submits to that procedure.
(7) Every prisoner must be required to undergo a strip search con- ducted by an officer— (a) (b) on first being admitted to a prison; and immediately before being transferred to another prison; and on being received in a prison on transfer from another prison.
(c) (8) A prisoner who is required under section 124 (other than in the situation referred to in section 124(2)(d)) to submit to a prescribed procedure for the purpose of detecting whether or not the prisoner has used drugs or consumed alcohol, or both, may, immediately before the prisoner supplies a sample in ac- cordance with that procedure, be required to undergo a strip search conducted by an officer, but only if— 88 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 99 (a) (b) the nature of the prescribed procedure is such that there is a risk that the prisoner may tamper with the sample; and a strip search is necessary to ensure that such tampering does not occur.
(9) An officer may conduct an x-ray search of a prisoner in the prescribed manner if the officer has reasonable grounds to be- lieve that the prisoner has an unauthorised item concealed in or around the prisoner’s body.

Compare: 1954 No 51 s 21K Section 98(6)(g): amended, on 3 April 2009, by section 10(1) of the Corrections Amendment Act 2009 (2009 No 3).

Section 98(6)(g)(iv): added, on 3 April 2009, by section 10(2) of the Corrections Amendment Act 2009 (2009 No 3).
Section 98(6)(j): added, on 3 April 2009, by section 10(3) of the Corrections Amendment Act 2009 (2009 No 3).

Section 98(8): amended, on 3 April 2009, by section 10(4) of the Corrections Amendment Act 2009 (2009 No 3).
Search of persons other than prisoners 99 (1) A person who wishes to enter a prison or to visit a prisoner may, before being admitted to the prison or before being al- lowed access to any prisoner, be required to undergo a scanner search conducted by an officer for the purpose of detecting any unauthorised item.
(2) A person who enters a prison or visits a prisoner may, at any time while that person is in the prison or visiting a prisoner, be required to undergo a scanner search conducted by an officer for the purpose of detecting any unauthorised item, and, if that person refuses to submit to a scanner search, reasonable force may be used for the purposes of carrying out the search.
If any officer has reasonable grounds to suspect that any person who wishes to enter a prison or visit a prisoner, or who is in a prison or visiting a prisoner, has in his or her possession any unauthorised item, the officer may, with that person’s consent, conduct a rub-down search of that person.
(3) (4) Any person who refuses to submit to a scanner search or a rub-down search before being admitted to a prison or any part of a prison or before being allowed access to a prisoner— 89 Part 2 s 100 Corrections Act 2004 Reprinted as at 1 July 2009 (a) must be refused admission to the prison or that part of the prison or, as the case may be, refused access to that prisoner: if the person is already inside the prison or visiting the prisoner, may be required to leave the prison or the other place where the prisoner is.
(b) (5) A person who is in a prison or visiting a prisoner and who refuses to consent to a rub-down search in accordance with subsection (3) may be required to undergo a rub-down search, and reasonable force may be used for the purposes of carrying out that search.
(6) A person may not be required to undergo a rub-down search under subsection (5) unless,— (a) (b) in the case of a person in a prison, the prison manager approves the conduct of a search under subsection (5): in the case of a person visiting a prisoner outside the prison, a security monitor, a prison manager, or the chief executive approves the conduct of a search under sub- section (5).

(7) Nothing in this section authorises the search of any prisoner.
In this section, section 100, and section 101, person in- (8) cludes— (a) (b) (c) a staff member: a security officer: a person entering a prison in the course of the person’s employment.
Compare: 1954 No 51 s 21L 100 Search of staff lockers and other places (1) For the purpose of detecting an unauthorised item, an officer may, with the prior approval of the prison manager, and in the presence of another officer, search any place set aside in a prison for the exclusive use of any person other than a prisoner (for example, a staff member’s locker).
If any place is to be searched under subsection (1), the person who has the exclusive use of that place must, if he or she can be identified and contacted,— (2) 90 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 102 (a) (b) be advised of the proposed search under subsection (1) and of the person’s right to be present during that search: be allowed to be present during that search if he or she wishes unless, in the opinion of the prison manager, de- ferring the search until the person can attend will in- volve an unacceptable delay.
Section 100(1): substituted, on 3 April 2009, by section 11 of the Corrections Amendment Act 2009 (2009 No 3).

(2) 101 Search of vehicles (1) Any vehicle brought into a prison may, while that vehicle is in the prison, be searched by any officer at any time for the purposes of detecting any unauthorised item or any prisoner attempting to escape.
For the purposes of any search of a vehicle under subsection (1), any officer who is in uniform or who is wearing any badge or other article that identifies him or her as an officer may, by direction given to the driver or other person in the vehicle,— direct, if necessary, that the vehicle be stopped: (a) direct that the vehicle be kept stopped until the search (b) is completed: require that the officer be given access to any part of the vehicle: require any or all of the passengers (including the driver) to get out of the vehicle: require any or all of the passengers (including the driver) to provide the officer with 1 or more of the following particulars: (i) (ii) (iii) his or her name: his or her address: his or her date of birth.
(d) (e) (c) (3) Reasonable force may be used for the purposes of conducting that search.
Compare: 1954 No 51 s 21M 102 Reporting of unauthorised items discovered, certain (1) searches, and placement in dry cells If any unauthorised item is discovered by any officer or staff member, whether as a consequence of a search under any of 91 Part 2 s 103 Corrections Act 2004 Reprinted as at 1 July 2009 (b) sections 98 to 101 or otherwise, the officer or staff member must, promptly after the discovery, report the details of the discovery to the prison manager concerned or to the supervisor of the security officer who discovered the item, as the case requires.
Every officer who conducts a strip search of any person in the circumstances described in section 98(3)(a) (whether or not the approval of a prison manager is required to undertake that search) or a search under section 98(9), section 99(5), or section 100 must, promptly after the search,— (a) if the officer is not a security officer, report the details of the search to the prison manager concerned: if the officer is a security officer, report the details of the search to the supervisor of the security officer.
If any prisoner is placed in a cell or other facility designed to prevent the concealment or disposal of unauthorised items,— the manager of the prison in which the cell or facility (a) is must ensure that a record of the details of that place- ment, and whether any unauthorised item is discovered as a result, is made and kept: any officer or staff member who discovers an unauthor- ised item following that placement must report the de- tails of the discovery to the prison manager.
Every report under subsection (2) must contain— (a) (b) the reasons for the search; and the details of any unauthorised item discovered as a re- sult of the search.

(b) Every person to whom a report is made under subsection (1), subsection (2), or subsection (3)(b) must ensure that a record of that report is made and kept.
(2) (3) (4) (5) 103 Detention pending investigation by Police (1) If an officer has reasonable grounds to believe (whether as a consequence of a search under sections 99 to 101 or otherwise) that a person in a prison (other than a prisoner) is in possession of a controlled drug within the meaning of the Misuse of Drugs Act 1975, the officer may— detain that person; and (a) 92 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 103A (b) for the purposes of paragraph (a), use any physical force (and no more) that is reasonably necessary in the cir- cumstances.
(2) An officer may detain a person under this section only for the purpose of obtaining the attendance of a constable who is en- titled to exercise any power conferred by section 18 or section 18A of the Misuse of Drugs Act 1975 or section 13 or section 13A of the Misuse of Drugs Amendment Act 1978.
(3) An officer who detains a person under this section must— (a) (b) promptly contact the Police to arrange the attendance of a constable; and if advised that a constable will not attend before the ex- piry of the period in subsection (4), immediately release the person from detention under this section.

(4) A person must not be detained under this section for a period exceeding 4 hours.

(5) A person who is detained under this section is not a prisoner (within the meaning of section (3)(1)).
Section 103(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 103(3)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 103(3)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Opening and reading of mail and withholding of correspondence 103A Interpretation In this section and in sections 104 to 110A, unless the context otherwise requires,— authorised officer means a prison manager or an officer au- thorised by the manager to open and read mail for the purposes of sections 104 to 110A.

Section 103A: inserted, on 3 April 2009, by section 12 of the Corrections Amendment Act 2009 (2009 No 3).
93 Part 2 s 104 Corrections Act 2004 Reprinted as at 1 July 2009 104 General considerations relating to mail (b) As far as practicable in the circumstances, authorised offi- cers must take the following considerations into account when dealing with any mail to or from a prisoner: (a) the need to protect the privacy of prisoners and their correspondents: the benefits to prisoners of maintaining contact with per- sons and organisations outside the prison: the need to maintain the security and order of the prison: the need to prevent the commission of offences: the need to ensure the safety of any person: the need to prevent the entry of unauthorised items into the prison.
Compare: SR 2000/81 r 96 (c) (d) (e) (f) Section 104: amended, on 3 April 2009, by section 13 of the Corrections Amendment Act 2009 (2009 No 3).

105 Restriction on sending mail to other prisoners No prisoner at any prison may send mail to another prisoner without first notifying the prison manager of the prisoner’s intentions.
Compare: SR 2000/81 r 98 106 Opening of mail (1) Subject to sections 109 and 110,— (a) mail to or from a prisoner may be opened: (b) mail to or from a prisoner may be examined for un- (c) authorised items: any unauthorised item found in any mail to a prisoner may be withheld from the prisoner, with the authority of the prison manager.

(2) Any mail to or from a prisoner that is to be opened or examined must be opened or examined by an authorised officer in the presence of 1 other authorised officer.
Compare: SR 2000/81 r 100 Section 106(2): amended, on 3 April 2009, by section 14(a) of the Corrections Amendment Act 2009 (2009 No 3).

Section 106(2): amended, on 3 April 2009, by section 14(b) of the Corrections Amendment Act 2009 (2009 No 3).
94 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 108 (2) 107 Reading of correspondence (1) An authorised officer may read correspondence between a prisoner and another person for the purpose of ascertaining whether it may be withheld under section 108(1).

For the purposes of subsection (1), the authorised officer may— (a) have translated into English any correspondence not written in English; or have translated into te reo Māori any correspondence not written in te reo Māori.
(b) (3) This section is subject to sections 109 and 110.

Compare: SR 2000/81 r 101 Section 107(1): substituted, on 3 April 2009, by section 15(1) of the Corrections Amendment Act 2009 (2009 No 3).

Section 107(2): amended, on 3 April 2009, by section 15(2) of the Corrections Amendment Act 2009 (2009 No 3).
108 Withholding mail (1) A prison manager may withhold mail between a prisoner and another person if— (a) (b) (c) (d) the prisoner or the other person asks the manager to do so; or the other person is under 16 years, and his or her guardian asks the manager to do so; or the other person is a prisoner, and neither prisoner has first notified the prison manager of his or her intention to correspond; or it is correspondence that the manager believes on rea- sonable grounds is likely to— (i) threaten or intimidate a person to whom it is be- ing sent by the prisoner; or endanger the safety or welfare of any person; or pose a threat to the security of the prison; or promote or encourage the commission of an of- fence, or involve, or facilitate the commission or possible commission of, an offence; or prejudice the maintenance of the law (including the prevention, detection, investigation, prosecu- (ii) (iii) (iv) (v) 95 Part 2 s 109 Corrections Act 2004 Reprinted as at 1 July 2009 (2) (3) tion, and punishment of offences, and the right to a fair trial); or breach an order or direction of any court or con- stitute contempt of court.
(vi) If mail or an unauthorised item found in any mail is withheld, the prisoner to or from whom the mail was directed must be informed that the mail or item, as the case may be, has been withheld, unless it is to be forwarded to an enforcement officer.

This section is subject to sections 109 and 110.

Compare: SR 2000/81 r 102 Section 108(1)(d): amended, on 3 April 2009, by section 16(1) of the Correc- tions Amendment Act 2009 (2009 No 3).
Section 108(1)(d)(iv): amended, on 3 April 2009, by section 16(2) of the Cor- rections Amendment Act 2009 (2009 No 3).

Section 108(1)(d)(v): added, on 3 April 2009, by section 16(2) of the Correc- tions Amendment Act 2009 (2009 No 3).

Section 108(1)(d)(vi): added, on 3 April 2009, by section 16(2) of the Correc- tions Amendment Act 2009 (2009 No 3).
109 Mail between prisoners, official agencies, and members of Parliament An authorised officer must not open any mail, read any corres- pondence, or withhold any mail that— (a) (b) is from a prisoner to an official agency; or is from a prisoner to a member of Parliament and is addressed to that member at Parliament; or is from an official agency or member of Parliament to a prisoner, and accompanied by a covering letter ad- dressed to the prison manager stating that the agency or member of Parliament is acting in an official capacity in respect of the prisoner.
(c) Compare: SR 2000/81 r 103 Section 109: amended, on 3 April 2009, by section 17 of the Corrections Amendment Act 2009 (2009 No 3).

110 Mail between prisoners and legal advisers (1) An authorised officer must not open any mail, read any cor- respondence, or withhold any mail between a prisoner and his or her legal adviser, unless authorised to do so under any of subsections (2) to (6).
96 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 110 (2) An authorised officer may open any mail that— (a) (b) is being sent by a prisoner to his or her legal adviser, but is not addressed to the legal adviser at the legal adviser’s business address (including any postal address used for business purposes); or has been sent by a prisoner’s legal adviser to the pris- oner, but is not accompanied by a covering letter from the legal adviser, addressed to the manager of the prison, stating that— (i) the legal adviser is acting in a professional cap- acity in respect of the prisoner; and the mail or correspondence relates to the pris- oner’s legal affairs.
(ii) (3) (4) The manager of a prison may examine any mail between a prisoner and his or her legal adviser appearing to contain an unauthorised item, or any correspondence or document not re- lated to the prisoner’s legal affairs.
The manager of a prison— (a) may read any correspondence or document, or any part of any correspondence or document, contained in any mail between a prisoner and his or her legal adviser examined under subsection (3) that appears not to be related to the prisoner’s legal affairs; but (b) must stop reading the correspondence or document, or part of the correspondence or document, as soon as it appears to be related to the prisoner’s legal affairs.
(6) (5) Any unauthorised item contained in any mail to a prisoner from his or her legal adviser that has been examined under subsection (3) may be withheld from the prisoner.

Section 108 applies to any correspondence or document con- tained in any mail between a prisoner and his or her legal ad- viser if— (a) (b) the manager has read it under subsection (4); and it (or any part of it) appears to the manager not to be related to the prisoner’s legal affairs.
(7) Mail examined under subsection (3) must be examined in the prisoner’s presence.

97 Part 2 s 110A Corrections Act 2004 Reprinted as at 1 July 2009 (8) Mail read under subsection (4) must be read in the prisoner’s presence.

(9) No mail between a prisoner and his or her legal adviser may contain any item other than correspondence or documents relating to the prisoner’s legal affairs unless the prisoner and legal adviser first obtain the prison manager’s written approval.
Compare: SR 2000/81 r 104 Section 110(1): amended, on 3 April 2009, by section 18 of the Corrections Amendment Act 2009 (2009 No 3).

Section 110(2): amended, on 3 April 2009, by section 18 of the Corrections Amendment Act 2009 (2009 No 3).
110A Restrictions on disclosure of mail An authorised officer must not disclose any information ob- tained from correspondence contained in any mail between a prisoner and another person unless— (a) mail may be withheld under section 108(1); or the disclosure is made to another authorised officer for the purpose of determining whether— (i) (ii) mail that is withheld under section 108(1) should be forwarded to an enforcement officer under section 108(2); or paragraph (c) applies; or (iii) the officer believes on reasonable grounds that the dis- closure— (i) (b) is necessary to avoid prejudice to the mainten- ance of the law by a public sector agency (within the meaning of the Privacy Act 1993), including the prevention, detection, investigation, prosecu- tion, and punishment of offences; or is necessary for the conduct of proceedings (al- ready commenced or reasonably in contempla- tion) before a 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 Commis- sioner under section 54(1) of the Privacy Act 1993; or (ii) (iii) (iv) 98 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 111 (c) the disclosure is required by any enactment or rule of law.
Section 110A: inserted, on 3 April 2009, by section 19 of the Corrections Amendment Act 2009 (2009 No 3).
110B Warnings in relation to mail The chief executive must take all practicable steps to ensure that when, or reasonably promptly after, prisoners are received at a prison they are informed in writing— that their correspondence— (a) (i) (ii) may be withheld, and the grounds on which it may be opened and read; and may be withheld; and (b) about the types of correspondence that are exempted from being opened, read, and withheld, and the extent to which the exemptions apply.
Section 110B: inserted, on 3 April 2009, by section 19 of the Corrections Amendment Act 2009 (2009 No 3).

110C Application of Privacy Act 1993 The Privacy Act 1993 applies to any activity authorised under any of sections 104 to 110B relating to correspondence to or from a prisoner.

Section 110C: inserted, on 3 April 2009, by section 19 of the Corrections Amendment Act 2009 (2009 No 3).
111 Telephone calls may be monitored Interpretation In this section and in sections 112 to 122, 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 99 Part 2 s 112 Corrections Act 2004 Reprinted as at 1 July 2009 disclose a prisoner call means to disclose the substance, meaning, or purport of a prisoner call, or of any part of it; and includes— (a) to allow any person to listen to or read a recording of a prisoner call; and to give or lend to any person a recording of a prisoner 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 prisoner call to which section 114 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) prisoner call— (a) means any information transmitted by means of a tele- phone call to which a prisoner is a party that is con- ducted while the prisoner is in the prison; and includes part of a prisoner call (b) recording, in relation to a prisoner 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 a transcript, of the call: a copy of a recording of a transcript, written translation, or written translation of a transcript, of the call telephone call means a call made, using any part or parts of 1 or more telephone systems, between a device and any other device or devices telephone system includes a telephone network translate includes to decode and decrypt; and translation has a corresponding meaning.
(c) 112 Purposes of monitoring prisoners’ calls (1) The principal purpose of monitoring prisoner calls is to in- crease the safety of the community by making it easier to— 100 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 114 (a) (b) (c) prevent and discourage the commission of offences by, for the benefit of, or with the help or encouragement of, prisoners; and detect and investigate offences committed by, for the benefit of, or with the help or encouragement of, pris- oners; and prosecute, convict, and punish— (i) prisoners 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, prisoners; and (ii) (d) prevent and discourage escapes from prisons.
(2) Monitoring prisoner calls also has the purpose of making it easier to— (a) maintain the security, good order, and discipline of prisons; and protect the safety of prisoners.

(b) Compare: 1954 No 51 s 21N 113 Prisoner calls that may be monitored (1) Any prisoner call that is not an exempt call may be monitored 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.
(3) A person listening to a prisoner call or a recording of a prisoner 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 recording of it is destroyed or completely erased.

(4) Subsection (2) is subject to subsection (3).


Compare: 1954 No 51 s 21O 114 Certain calls must not be monitored (1) A prisoner call to which subsection (2) applies is exempt from monitoring under this Act.
101 Part 2 s 114 Corrections Act 2004 Reprinted as at 1 July 2009 This subsection applies to a prisoner call if, and only if, it is— a call between a prisoner and a member of Parliament; (a) or a call, relating to the prisoner’s legal affairs, between a prisoner and a barrister or solicitor of the High Court— (i) (ii) with whom the prisoner is discussing the possi- who acts for the prisoner; or (b) (c) (d) (e) (f) bility of the person’s acting for the prisoner; or (vi) a call between a prisoner and a person acting, in respect of the prisoner, in an official capacity as— (i) (ii) (iii) (iv) (v) an Ombudsman; or an inspector of corrections; or the Health and Disability Commissioner; or the Privacy Commissioner; or 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 prisoner and a person acting, in his or her official capacity, on behalf of the International Criminal Court; or a call between a prisoner and a person (other than a prisoner) 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 (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 prisoner and a person (other than a prisoner) for the time being exempted from monitoring under this Act by the chief executive.
Compare: 1994 No 51 s 21P Section 114(2)(c)(vi): amended, on 29 November 2007, by section 26 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
(2) 102 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 116 115 Only certain persons may monitor (1) No person other than the chief executive or a person who is an eligible employee authorised by the chief executive to moni- tor prisoner calls (in subsection (2), and sections 117, 118, and 120 referred to as an authorised person) may monitor a pris- oner call under this Act.
(2) A person authorised to monitor prisoner calls under subsection (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.

(4) (3) A person to whom subsection (4) applies may listen to a pris- oner call or a recording of a prisoner call, or read a transcript of a prisoner call, if doing so is necessary for, or incidental to any other action or process necessary for, the effective under- taking of the work concerned.
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 prisoner calls are made; or (b) in which recordings of prisoner calls are stored.

Subsection (1) is subject to subsection (2) and to section 117(4) to (6).
Compare: 1954 No 51 ss 21Q, 21R (5) 116 Warnings The chief executive must take all practicable steps to ensure that— (a) on or reasonably promptly after being admitted to a prison, prisoners are informed in writing— (i) that some of their telephone calls may be moni- tored; and (ii) which types of call are exempt from monitoring; (iii) and the purposes for which information obtained from monitoring may be used; and 103 Part 2 s 117 Corrections Act 2004 Reprinted as at 1 July 2009 (b) (c) there are prominently placed in every prison, near tele- phones that prisoners are authorised to use, written no- tices— (i) warning prisoners that their telephone calls (other 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 prisoner call that is being or is to be monitored, the prisoner 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: 1954 No 51 s 21S 117 Authorised disclosure of information (1) An authorised person may disclose a prisoner call for a pur- pose set out in section 112 as a purpose of monitoring prisoner calls.
(2) An authorised person may disclose a prisoner 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 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 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 section 54(1) of the Privacy Act 1993.
(b) (c) (d) (3) An authorised person may disclose a prisoner call to the pris- oner concerned.

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

104 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 120 (5) An authorised person may allow any eligible employee to lis- ten to a recording of a prisoner for the purpose of providing a transcript, a written translation, or both.
(6) An authorised person may allow any eligible employee to read a transcript of a prisoner call for the purpose of providing a written translation.

Compare: 1954 No 51 s 21T 118 Restrictions on disclosure of information (1) An authorised person must not knowingly disclose a prisoner call otherwise than under section 117 or in accordance with the Privacy Act 1993.
(2) An authorised person who is listening to a prisoner call must not knowingly allow any other person to listen to it, except under section 117.

(3) An eligible employee (other than an authorised person) who, under section 117, has been allowed to listen to a prisoner call or a recording of a prisoner call, or to read a transcript of a prisoner call, must not knowingly disclose the call except to an authorised person.
(4) A person who, under section 115(2), has heard a prisoner call or a recording of a prisoner call, or read a transcript of a pris- oner call, must not knowingly disclose the call except to an authorised person.

Compare: 1954 No 51 s 21U 119 Application of Privacy Act 1993 The Privacy Act 1993 applies to the monitoring of prisoner calls under sections 112 to 122.
Compare: 1954 No 51 s 21V 120 Destruction of recordings (1) The chief executive must take all practicable steps to ensure that every recording of a prisoner call held by the chief execu- tive is destroyed, or completely erased,— (a) on or before the expiration of the period of 6 months after the call was made; or 105 Part 2 s 120 Corrections Act 2004 Reprinted as at 1 July 2009 (b) as soon after that expiration as it appears that no infor- mation contained in it would be likely to be— (i) 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 in disciplinary pro- ceedings, or in proceedings against a prisoner for a disciplinary offence; or required to be disclosed under the Privacy Act 1993; or (ii) (iii) (iv) (c) despite anything in paragraph (a) or paragraph (b), if required by any regulations made under this Act.
(3) not been proceeded with; or been finally disposed of.
(2) Despite subsection (1), if the Privacy Commissioner has no- 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— (a) (b) 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 prisoner call held by the Police or that department that was obtained by the monitoring of the call under this Act is destroyed, or completely erased, as soon as it appears that no proceedings or disciplinary proceedings (or no further proceedings or disciplinary 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 any information adduced in proceedings in any court or tribunal.
Subsection (6) applies if— (a) 2 or more recordings of prisoner calls are stored in such a way that it is not practicable to destroy or completely (5) 106 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 122 (6) erase one without destroying or completely erasing the others; and subsection (1) requires the destruction or complete era- sure of 1 or more, but not all of them.
(b) If this subsection applies, an authorised person may arrange 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- sible in evidence to the same extent that the destroyed record- ing it is a copy of would have been.
Compare: 1954 No 51 s 21W 121 Notice to be given of intention to produce evidence of recording Particulars of a recording of a prisoner call must not be re- ceived in evidence by any court against any person, or in any proceedings against a prisoner for a disciplinary offence, un- less the party intending to adduce it has given the person rea- sonable notice of the party’s intention to do so, together with— (a) either— (i) (ii) a transcript of the recording if the party intends to adduce it in the form of a recording; or a written statement setting out the full particulars of the recording if the party intends to adduce 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 they are known.
Compare: 1954 No 51 s 21X 122 Privileged evidence (1) This subsection applies to evidence that— (a) has been obtained by the monitoring of a prisoner call under sections 112 to 121; and but for the monitoring, would have been privileged by virtue of— (b) 107 Part 2 s 123 Corrections Act 2004 Reprinted as at 1 July 2009 (i) (ii) any provision of Part 3 of the Evidence Amend- ment Act (No 2) 1980; or any rule of law conferring privilege on commu- nications of a professional character between a barrister or solicitor and a client.
(2) 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: 1954 No 51 s 21Z Alcohol and drugs 123 Chief executive must issue drug and alcohol strategy (1) The chief executive must, at intervals of not more than 5 years, issue a drug and alcohol strategy relating to drug and alcohol use by prisoners.
Every drug and alcohol strategy must include provisions relat- ing to the following matters: (a) the assessment of individual prisoners: (b) measures to detect drug use in prisons: (c) measures to reduce the demand for drugs and alcohol (2) among prisoners: (d) measures to reduce the supply of drugs and alcohol to prisoners: treatment services and harm minimisation services: staff training.
(e) (f) Compare: 1954 No 51 s 36B 124 Prisoner may be required to submit to drug or alcohol test (1) An officer may, in any of the situations referred to in subsec- tion (2), require a prisoner to submit to any prescribed proced- ure for the purpose of detecting whether or not the prisoner has used drugs, consumed alcohol, or both.
The situations referred to in subsection (1) are as follows: (a) (2) if the prison manager believes, on reasonable grounds, that the prisoner has committed an offence against sec- tion 129 or section 130(1): if the prisoner’s name has been selected under a ran- dom-testing programme established by regulations (b) 108 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 125 (c) (d) made under this Act for purposes set out in those regu- lations: if the prisoner is a voluntary participant in any pro- gramme, regime, or custodial arrangement— (i) that has as one of its aims the reduction of drug and alcohol use among prisoners; and under which the prisoner agrees to submit, on de- mand made under this section, to any prescribed procedure: (ii) if the prisoner has submitted to a prescribed procedure under this section by supplying a sample and the prison manager believes, on reasonable grounds, that the sam- ple supplied is dilute, tainted, or otherwise contamin- ated.
(3) Despite subsection (1), a person may not be required to submit to a prescribed procedure under this section if he or she is for the time being temporarily released from custody under section 62.

(4) Nothing in subsection (3) prevents a person from being re- quired to submit to a prescribed procedure under this section when the person ceases to be on temporary release from cus- tody under section 62.
(5) No procedure may be prescribed that requires any prisoner to supply a sample of his or her blood, but nothing in this subsec- tion limits the power to prescribe any procedure that requires a prisoner to supply any other type of sample (including, without limitation, a sample of saliva or urine, or other bodily sample).

Compare: 1954 No 51 ss 36BB, 45(22)–(23A) Section 124(2)(c)(i): amended, on 3 April 2009, by section 20(1) of the Cor- rections Amendment Act 2009 (2009 No 3).
Section 124(2)(d): added, on 3 April 2009, by section 20(2) of the Corrections Amendment Act 2009 (2009 No 3).
125 Obligations of persons carrying out procedure On requiring a prisoner to submit to a prescribed procedure under section 124, the officer must— inform the prisoner— (a) (i) of the reason for the requirement; and 109 Part 2 s 126 Corrections Act 2004 Reprinted as at 1 July 2009 (ii) (iii) of the consequences for the prisoner if the pris- oner refuses to submit to the procedure; and that it is a disciplinary offence to tamper with any sample required to be supplied in accordance with the procedure; and (b) explain to the prisoner, in general terms,— (i) (ii) how the procedure will be carried out; and how any sample obtained from the procedure will be analysed.
Compare: 1954 No 51 s 36BB(4) 126 Prisoner must be informed of result of procedure If, under section 124, a prisoner submits to a prescribed pro- cedure, the prison manager must ensure that the prisoner is informed, promptly and in writing, of the result of the proced- ure.
Compare: 1954 No 51 s 36BC 127 Restrictions on use of result of procedure (1) Neither the fact that a prisoner has been required, under section 124, to submit to a prescribed procedure nor any information obtained from that prescribed procedure are admissible as evi- dence against any prisoner or any other person— (a) in any proceedings under this Act, other than pro- ceedings for an offence against section 129 or section 130(1); or in any proceedings under any other enactment.
(b) To avoid doubt, subsection (1) does not prevent any fact or in- formation from being presented to, or considered by, the New Zealand Parole Board.
Compare: 1954 No 51 s 36BD (2) Subpart 5—Offences Offences against discipline 128 Offences by prisoner (1) Every prisoner (whether inside or outside a prison) commits an offence against discipline who— 110 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 128 (a) (b) (c) disobeys any lawful order of an officer or a staff mem- ber, or disobeys or fails to comply with any regulation made under this Act or any rule of the prison made under section 33: deliberately mismanages his or her work: behaves in an offensive, threatening, abusive, or intim- idating manner: (f) (e) (g) (h) (d) without authority, communicates with any person inside or outside the prison by using a telephone or other elec- tronic communication device: leaves or is absent from his or her cell or place of work or other place where the prisoner is required to be with- out permission or reasonable excuse: without the approval of an officer, has any article in his or her cell or in his or her possession, or gives to or receives from any person any article, or attempts to obtain any article: assaults, or fights with, any other person: deliberately disfigures, damages, or destroys any part of the prison or any property that is not his or her own, or who loses any prison property because of his or her negligence or improper conduct: obstructs any officer in the execution of his or her duty: makes an allegation against any staff member, secur- ity officer, prisoner, or any other person lawfully in the prison, knowing that the allegation is false: combines with other prisoners for a purpose that is likely to endanger the security or good order of the prison: escapes from any prison or from lawful custody: contrary to a direction given under section 41, refuses to submit to being photographed or to having his or her measurements or fingerprints taken, or to undergo a pre- scribed identification procedure: being a prisoner who is temporarily removed from prison under section 62, is in breach of any condition imposed under section 64.
(l) (m) (i) (j) (n) (k) (2) If an allegation referred to in subsection (1)(j) is against a staff member of a prison or a security officer,— 111 Part 2 s 129 Corrections Act 2004 Reprinted as at 1 July 2009 (a) (b) (c) (ii) a charge alleging an offence under that provision may only be laid,— (i) in the case of a staff member, if the supervisor of that staff member or the prison manager gives his or her written approval to the laying of the charge: in the case of a security officer, if the supervisor of that security officer or the security contractor who employs that security officer gives his or her written approval to the laying of the charge: the charge may not be laid until any investigation of the allegation by an inspector of corrections, an Ombuds- man, or any other official agency has been completed: the charge may only be heard by— (i) a hearing adjudicator who is employed at another prison or appointed in respect of another prison than the prison at which the staff member is em- ployed; or a Visiting Justice.
(ii) Compare: 1954 No 51 s 32(1), (2) Section 128(1)(d): amended, on 3 April 2009, by section 21 of the Corrections Amendment Act 2009 (2009 No 3).
129 Offences by prisoners relating to drugs and alcohol Every prisoner commits an offence against discipline who,— without the authority of a medical officer or unless sec- (a) tion 79(3) applies, uses any drug or consumes alcohol (whether inside or outside a prison); or having been required under section 124 to submit to a prescribed procedure,— refuses to comply with the requirement; or (i) (ii) without reasonable excuse, fails to comply with (b) the requirement; or (c) tampers with any sample required to be supplied (whether by that prisoner or any other prisoner) in accordance with such a procedure.
Compare: 1954 No 51 s 32A(1) Section 129(a): amended, on 3 April 2009, by section 22 of the Corrections Amendment Act 2009 (2009 No 3).
112 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 132 130 Offences committed by persons while on temporary (1) (2) release from custody under section 62 Every person commits an offence against discipline who, with- out the authority of a medical officer, uses any drug or con- sumes alcohol during any period while the person is on tem- porary release from custody under section 62.
Every person commits an offence against discipline who is in breach of a condition imposed on his or her release during any period while the person is on temporary release from custody under section 62.

(4) (3) No complaint alleging that a person has committed an offence against this section may be laid while that person is on tem- porary release from custody under section 62, but nothing in this subsection prevents the laying of a complaint of that kind once that person returns to prison.
If a complaint is laid alleging an offence against this section, it must be determined in accordance with sections 133 to 140 and the person against whom the complaint is laid must be treated, for the purposes of this Act, as if he or she were a prisoner at the time when the act or omission alleged to constitute the offence occurred.
Compare: 1954 No 51 s 32A(2)–(4) 131 Attempting or aiding commission of offence against discipline Every prisoner or person on temporary release from custody under section 62 who attempts to commit any offence against discipline, or who aids, counsels, or procures the commission of any such offence, is liable to be dealt with and punished in the same manner as if he or she had committed the offence.
Compare: 1954 No 51 s 32(3) 132 Minor or unintentional breaches of discipline (1) As far as practicable in the circumstances and if appropriate, an officer must deal with a minor or an unintentional breach of discipline by a prisoner in the following manner: (a) by stopping the breach of discipline and explaining the nature of the breach to the prisoner committing the breach: 113 Part 2 s 133 Corrections Act 2004 Reprinted as at 1 July 2009 (b) (c) by instructing the prisoner to correct his or her be- haviour: by allowing the prisoner to make amends to any person aggrieved by the breach.
If a minor or an unintentional breach of discipline is not dealt with under subsection (1), this section does not prevent a pris- oner from being charged with a disciplinary offence.
Compare: SR 2000/81 r 143 (2) 133 Powers of hearing adjudicator in relation to offences against discipline (2) (1) A hearing adjudicator has power to hear any complaint relating to any offence against discipline alleged to have been commit- ted by a prisoner, and may examine any person concerning the alleged offence, on oath or otherwise at his or her discretion.
Every hearing and examination must be in the presence and hearing of the prisoner charged with the offence, who is en- titled to be heard and to cross-examine any witness.
If, at any hearing under this section, a hearing adjudicator finds the offence proved, he or she may impose 1 or more of the following penalties: (a) (3) forfeiture or postponement of privileges for any period not exceeding 28 days: forfeiture of earnings for any period not exceeding 7 days: confinement in a cell for any period not exceeding 7 days.
(b) (c) If the offence proved is— (a) any offence against section 128(1), 129, 130, or 131, the hearing adjudicator may, after giving the prisoner an opportunity to provide reasons why the order should not be made, and whether or not he or she imposes a penalty under subsection (3), order that any article or thing used to commit the offence or in respect of which the offence was committed be forfeited to the Crown: an offence against section 128(1)(h), the hearing adjudi- cator may, whether or not he or she imposes any penalty under subsection (3), order that a specified amount (not exceeding the lesser of the value of the damage to, or (b) (4) 114 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 134 (5) (c) loss of, property or $100) be withdrawn or withheld from the earnings payable under section 66 or section 67 and credited to the prisoner: an offence against section 130(1) or (2), the hearing adjudicator may, after giving the prisoner an oppor- tunity to provide reasons why the order should not be made, and whether or not he or she imposes any penalty under subsection (3), order the forfeiture to the Crown of a specified amount not exceeding $100 from earnings payable under section 67 and credited to the prisoner.
If the hearing adjudicator considers that, in the circumstances of the case, the prisoner should be charged before a court with an offence (other than an offence against section 128, section 129, or section 130), instead of being dealt with under this section, the hearing adjudicator may, at his or her discretion, at any time before making a decision as to whether the charge is proved under this section,— (a) (b) decline to proceed with the hearing; and request the appropriate authority to prosecute the pris- oner and forward with that request a summary of the adjudicator’s reasons for making the request.
(6) This section is subject to sections 134 to 140.

Compare: 1954 No 51 s 34(1)–(3) Section 133(4)(a): substituted, on 3 April 2009, by section 23 of the Corrections Amendment Act 2009 (2009 No 3).
134 Decision as to who is to hear charge (1) If a complaint alleging an offence against discipline is brought before a hearing adjudicator, the adjudicator may, at any time before making a decision as to whether the charge is proved, refer the case to a Visiting Justice for hearing and determin- ation in accordance with section 137.
(2) A hearing adjudicator may exercise the powers conferred by subsection (1) only if the adjudicator considers— (a) that the conduct that is alleged to constitute the offence may warrant a higher penalty than can be imposed by the adjudicator under section 133; or that, because of the complexity of the issues likely to arise (including, without limitation, points of law), it (b) 115 Part 2 s 135 Corrections Act 2004 Reprinted as at 1 July 2009 (3) would be appropriate for the case to be referred to a Visiting Justice; or that both paragraphs (a) and (b) apply.
(c) If a hearing adjudicator exercises the powers conferred by sub- section (1), the adjudicator must forward a summary of his or her reasons for the decision to the Visiting Justice.
Compare: 1954 No 51 s 34(4)(a) 135 Applications for legal representation (1) If a prisoner requests permission to be legally represented at the hearing of a charge alleging an offence against discipline, the request must be considered and determined by— (a) (b) a hearing adjudicator; or if the case has been referred to a Visiting Justice under section 134, a Visiting Justice.
(c) (b) (d) In determining whether to grant permission to a prisoner to be legally represented, the hearing adjudicator or Visiting Justice must have regard to— (a) the seriousness of the conduct that is alleged to consti- tute the offence and the magnitude of the penalty that is likely to be imposed: the complexity of the issues that are likely to arise at the hearing (including, without limitation, points of law): any procedural difficulties likely to be encountered (for example, the need to cross-examine witnesses): the capacity of the prisoner concerned to present his or her case effectively: the need for reasonable speed generally in decision- making required for the determination of charges relat- ing to offences against discipline: the need to ensure that hearings of those charges are conducted fairly as between— different prisoners: (i) the complainant and the defendant: (ii) (g) any other matter that the adjudicator considers relevant.
If a request under subsection (1) is considered by a hearing ad- judicator and the adjudicator permits the prisoner to be legally represented at the hearing, the adjudicator must refer the case (e) (f) (2) (3) 116 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 136 (4) to a Visiting Justice for hearing and determination in accord- ance with section 137.
If the hearing adjudicator does not permit the prisoner to be legally represented, that hearing adjudicator or another hearing adjudicator must hear and determine the case in accordance with section 133, unless it is referred to a Visiting Justice under section 134.
(5) A hearing adjudicator or Visiting Justice must provide the pris- oner and the prison manager with a summary in writing of his or her reasons for the decision to permit or, as the case may require, not to permit the prisoner to be legally represented.
136 Right to appeal to Visiting Justice against decision of (1) (2) (3) (4) (5) hearing adjudicator If a prisoner is dissatisfied with any decision of a hearing ad- judicator, the prisoner may, no later than 14 days after the date of the decision, request that the decision be referred by way of appeal to a Visiting Justice; on receiving that request, the prison manager must promptly refer it to a Visiting Justice.
If the appeal to the Visiting Justice relates to a refusal to grant the prisoner permission to be legally represented at his or her hearing, the Visiting Justice must consider the appeal and may confirm the decision of the hearing adjudicator or reverse it.

If the Visiting Justice allows the appeal under subsection (2), the Visiting Justice must hear or, as the case requires, rehear the whole case.
If the appeal to the Visiting Justice relates to any finding of the hearing adjudicator, the Visiting Justice must rehear the whole case, and may— (a) (b) either reverse that finding or confirm it; and either confirm the penalty or, if in his or her opinion the circumstances require it, impose in its place any penalty that could have been imposed by the hearing adjudica- tor.
If the appeal to the Visiting Justice relates only to a penalty imposed by the hearing adjudicator, the Visiting Justice must consider only the question of the penalty, and may either— (a) confirm the penalty; or 117 Part 2 s 137 Corrections Act 2004 Reprinted as at 1 July 2009 (6) (b) if in his or her opinion the circumstances require it, im- pose in its place any penalty that could have been im- posed by the hearing adjudicator.
If there is an appeal under this section, any penalty imposed by the hearing adjudicator is suspended, until the appeal is disposed of.

Compare: 1954 No 51 s 35 137 Powers of Visiting Justice in relation to offences by prisoners Every Visiting Justice has power to hear any complaint relat- ing to any offence against discipline alleged to have been com- mitted by a prisoner, and may examine any person concerning the alleged offence on oath or otherwise at his or her discre- tion.
Every hearing and examination must be in the presence and hearing of the prisoner charged with the offence, who is en- titled to be heard and to cross-examine any witness.
If, at any hearing under this section, the Visiting Justice finds the offence proved, he or she may impose 1 or more of the following penalties: (a) forfeiture or postponement of privileges for any period not exceeding 3 months: forfeiture of earnings for any period not exceeding 3 months: confinement in a cell for any period not exceeding 15 days.
(b) (c) If the offence proved is— (a) any offence against section 128(1), 129, 130, or 131, the Visiting Justice may, after giving the prisoner an opportunity to provide reasons why the order should not be made, and whether or not he or she imposes a penalty under subsection (3), order that any article or thing used to commit the offence or in respect of which the offence was committed be forfeited to the Crown: an offence against section 128(1)(h), the Visiting Just- ice may, whether or not he or she imposes any penalty under subsection (3), order that a specified amount (not exceeding the lesser of the value of the damage to, or (b) (1) (2) (3) (4) 118 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 138 (c) loss of, property involved or $500) be withdrawn or withheld from the earnings payable under section 66 or section 67 and credited to the prisoner: an offence against section 130(1) or (2), the Visiting Justice may, after giving the prisoner an opportunity to provide reasons why the order should not be made, and whether or not he or she imposes any penalty under subsection (3), order the forfeiture to the Crown of any specified amount not exceeding $500 from earnings payable under section 67 and credited to the prisoner.
(5) Despite subsections (3) and (4), if the case was referred to the Visiting Justice for hearing under section 134(2)(b) or section 135(3), the Visiting Justice may only impose 1 or more of the penalties set out in section 133(3) and any applicable penalty set out in section 133(4), unless— (a) the case was also referred to the Visiting Justice for hearing under section 134(2)(a) or (c); or the Visiting Justice considers that the case could have been referred to him or her for hearing under section 134(2)(a), instead of under section 134(2)(b) or section 135(3).
(b) (6) If the Visiting Justice considers that, in the circumstances of the case, the prisoner should be charged before a court with an offence (other than an offence against section 128, section 129, or section 130) instead of being dealt with under this section, the Visiting Justice may, at his or her discretion, at any time before making a decision as to whether the charge is proved,— (a) (b) decline to proceed with the hearing; and request the appropriate authority to prosecute the pris- oner and forward with the request a summary of the Visiting Justice’s reasons for making that request.
Compare: 1954 No 51 s 33 Section 137(4)(a): substituted, on 3 April 2009, by section 24 of the Corrections Amendment Act 2009 (2009 No 3).
138 Reference of case from Visiting Justice to hearing adjudicator (1) Despite anything in sections 134 to 137, a Visiting Justice may, before making a decision as to whether the charge is proved, 119 Part 2 s 139 Corrections Act 2004 Reprinted as at 1 July 2009 refer the case to a hearing adjudicator for hearing or rehearing and determination in accordance with section 133.
(2) A Visiting Justice may exercise the power conferred by sub- section (1) only if he or she considers that— (a) it is appropriate for the case to be heard by a hearing adjudicator; and the case can effectively be determined by the hearing adjudicator without reference or further reference, as the case may be, to a Visiting Justice.
(b) 139 Mode of hearing or reaching decisions Any hearing or application under any of sections 133 to 138 may be conducted or, as the case requires, determined with all or any of the interested persons participating by way of video link, rather than by being present in person.

140 Commencement of penalties (1) A penalty imposed under section 133 or section 137— commences on the date it is imposed; and (a) (b) may not be cumulative on any other penalty imposed (2) under section 133 or section 137.
Subsection (1)(a) is subject to section 136(6).
Compare: 1954 No 51 ss 33(3), 34(3) 141 Unauthorised deliveries, communications, recordings, Other offences and possession of unauthorised items Subject to subsection (1A), every person commits an offence who, except under the authority of this Act or of any regula- tions made under this Act or the express authority of the prison manager or the chief executive,— (a) brings any thing, or causes any thing to be brought, into a prison, intending that it should come into the posses- sion of a prisoner: places any thing, or causes it to be placed, anywhere in a prison (whether inside or outside a building) or outside a prison, intending that it should come into the possession of a prisoner: (b) (1) 120 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 141 (c) (d) (e) (f) delivers any thing, or causes it to be delivered, to any prisoner inside a prison: takes any thing, or causes it to be taken, out of a prison on behalf of a prisoner: holds any communication with a prisoner who is inside a prison if that communication may prejudice the main- tenance of the law, the safe custody of the prisoner, the well-being of any victim of an offence committed by that prisoner, the safety of any person, or the security of any prison: makes any visual recording (whether by photograph, film, videotape, or otherwise) or sound recording of a prisoner if the making of such a recording may preju- dice the maintenance of the law, the safe custody of the prisoner, the well-being of any victim of an offence committed by that prisoner, the safety of any person, or the security of any prison: (g) without reasonable excuse, has in his or her possession (h) any unauthorised item while in a prison: attempts to do any of the things described in paragraphs (a) to (g).
(1A) Subsection (1)(g) does not apply to a prisoner.

(1B) A person is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $5,000, or to both, who— (a) commits an offence against subsection (1)(a), (b), (c), or (g); or commits an offence against subsection (1)(h) by at- tempting to do any thing described in subsection (1)(a), (b), (c), or (g).
(b) (1C) A person is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both, who— (a) commits an offence against any of subsection (1)(d) to (f); or commits an offence against subsection (1)(h) by at- tempting to do any thing described in any of subsection (1)(d) to (f).
(b) 121 Part 2 s 141 Corrections Act 2004 Reprinted as at 1 July 2009 (2) Subsection (1)(e) and (f) do not apply to anything done by an officer, staff member, or probation officer in the course of his or her duties.
(3) Despite anything in subsection (1B) or (1C), if an officer, staff member, or probation officer is convicted of an offence against subsection (1)(a), (b), (c), (d), or (g), or of an attempt to com- mit any offence of that kind, he or she is liable to imprisonment for a term not exceeding 12 months, to a fine not exceeding $5,000, or to both.
In this section and in sections 142 to 148, person includes— (a) (b) (c) a staff member of the prison: a security officer: a person entering the prison in the course of the person’s employment.

Compare: 1954 No 51 s 44(1), (2) (4) Section 141 heading: amended, on 3 April 2009, by section 25(1) of the Cor- rections Amendment Act 2009 (2009 No 3).

Section 141(1): amended, on 3 April 2009, by section 25(2)(a) of the Correc- tions Amendment Act 2009 (2009 No 3).
Section 141(1): amended, on 3 April 2009, by section 25(2)(b) of the Correc- tions Amendment Act 2009 (2009 No 3).

Section 141(1)(e): amended, on 3 April 2009, by section 25(3) of the Correc- tions Amendment Act 2009 (2009 No 3).

Section 141(1)(f): amended, on 3 April 2009, by section 25(4) of the Correc- tions Amendment Act 2009 (2009 No 3).

Section 141(1)(g): substituted, on 3 April 2009, by section 25(5) of the Correc- tions Amendment Act 2009 (2009 No 3).
Section 141(1)(h): added, on 3 April 2009, by section 25(5) of the Corrections Amendment Act 2009 (2009 No 3).

Section 141(1A): inserted, on 3 April 2009, by section 25(6) of the Corrections Amendment Act 2009 (2009 No 3).

Section 141(1B): inserted, on 3 April 2009, by section 25(6) of the Corrections Amendment Act 2009 (2009 No 3).

Section 141(1C): inserted, on 3 April 2009, by section 25(6) of the Corrections Amendment Act 2009 (2009 No 3).
Section 141(3): amended, on 3 April 2009, by section 25(7)(a) of the Correc- tions Amendment Act 2009 (2009 No 3).

Section 141(3): amended, on 3 April 2009, by section 25(7)(b) of the Correc- tions Amendment Act 2009 (2009 No 3).
122 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 143 141A Unauthorised use or possession of electronic (1) communication device by prisoner Every prisoner (whether inside or outside a prison) commits an offence who, except with the express authority of the prison manager or the chief executive,— (a) uses an electronic communication device knowing that he or she is not authorised to use it; or knowingly has an electronic communication device in his or her possession.
(b) (2) A prisoner who commits an offence against subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $5,000, or to both.

Section 141A: inserted, on 3 April 2009, by section 26 of the Corrections Amendment Act 2009 (2009 No 3).
142 Trespassing in, or loitering about, prison Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both who,— (a) without reasonable excuse, deliberately trespasses on any land, knowing or having reasonable cause to believe that it is part of a prison; or loiters about a place where prisoners are detained or em- ployed, and refuses or fails to leave after being warned by a constable or a staff member of the prison.
Section 142(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
(b) 143 Restricted communications with, or deliveries to, prisoner (1) outside prison Every person commits an offence who, except under the au- thority of this Act or of any regulations made under this Act,— holds or attempts to hold any restricted communication (a) with a prisoner outside a prison under the control of any person, without the permission of the person under whose control the prisoner is; or delivers or attempts to deliver, or causes to be delivered, to any prisoner outside a prison under the control of any (b) 123 Part 2 s 144 Corrections Act 2004 Reprinted as at 1 July 2009 person any thing, without the permission of the person under whose control the prisoner is.
(2) Subsection (1)(a) does not apply to any thing done by an offi- cer, staff member, or probation officer in the course of his or her duties.

(2A) A person who commits an offence against subsection (1)(a) or (b) is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both.
(2B) Despite subsection (2A), an officer, staff member, or probation officer who commits an offence against subsection (1)(b) is liable to imprisonment for a term not exceeding 12 months, to a fine not exceeding $5,000, or to both.
In this section restricted communication means— (a) (3) any communication that may prejudice the maintenance of the law, the safe custody of the prisoner, the well- being of any victim of an offence committed by that prisoner, the safety of any person, or the security of any prison: any communication whatsoever that takes place after the person, in whose control the prisoner is, has forbid- den that communication or directed that it cease.
(b) Compare: 1954 No 51 s 44(2A), (2B) Section 143(1): amended, on 3 April 2009, by section 27(1) of the Corrections Amendment Act 2009 (2009 No 3).

Section 143(2A): inserted, on 3 April 2009, by section 27(2) of the Corrections Amendment Act 2009 (2009 No 3).

Section 143(2B): inserted, on 3 April 2009, by section 27(2) of the Corrections Amendment Act 2009 (2009 No 3).

Section 143(3)(a): amended, on 3 April 2009, by section 27(3) of the Correc- tions Amendment Act 2009 (2009 No 3).
144 Pretending to be security officer or employee of department Every person commits an offence who, not being an employee of the department on whom powers or functions are conferred by this Act or a security officer, by words, conduct, or de- meanour,— (1) 124 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 147 (a) (b) pretends that he or she is an employee of the department with powers or functions under this Act or a security officer; or puts on or assumes the dress, name, designation, or de- scription of an employee of the department with powers or functions under this Act or a security officer.
Every person who commits an offence against subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both.

(2) 145 Failure to comply with direction or requirement under section 101(2) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, without rea- sonable excuse, fails to comply with any direction or require- ment given or made by an officer under section 101(2).
Compare: 1954 No 51 s 21M 146 Contravention of section 110A or 118 Every person who acts in contravention of section 110A or 118 commits an offence and is liable on summary conviction to a fine not exceeding $2,000.

Compare: 1954 s 21U(5) Section 146 heading: amended, on 3 April 2009, by section 28(1) of the Cor- rections Amendment Act 2009 (2009 No 3).

Section 146: amended, on 3 April 2009, by section 28(2) of the Corrections Amendment Act 2009 (2009 No 3).
147 Injuring, interfering with, or obstructing dog used for searching Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000 or to both who, without law- ful excuse,— (a) injures a dog used or intended to be used for searching under section 97; or intentionally interferes with, or obstructs, such a dog.
(b) 125 Part 2 s 148 Corrections Act 2004 Reprinted as at 1 July 2009 148 Offences in relation to requisitioning (1) Every person commits an offence who— (a) intentionally fails to comply with any direction given to him or her under section 191; or intentionally fails to provide assistance under section 191.
(b) (2) (3) (4) It is a defence in any proceedings for an offence against sub- section (1)(a) if the court is satisfied that the Minister did not have reasonable grounds for believing that in all the circum- stances of the case the direction to requisition property was necessary for the safe custody and welfare of prisoners.

It is a defence in any proceedings for an offence against sub- section (1)(b) if the court is satisfied that the person had rea- sonable grounds for not providing assistance.
Every person who commits an offence against subsection (1) is liable on summary conviction,— (a) in the case of an individual, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $5,000, or to both: in the case of a body corporate, to a fine not exceeding $50,000.
(b) Compare: 2002 No 33 ss 101, 104 149 Power of arrest Any constable or officer who has reasonable grounds to be- lieve that any person has committed an offence against any of sections 141 to 145, or section 147 or section 148 may arrest that person without warrant.

Compare: 1954 No 51 s 44(3) Section 149: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
150 Power of seizure (1) Any constable or officer who has reasonable grounds to be- lieve that there is any breach by any person of any of sections 141 to 145, or section 147 or section 148 may— (a) seize any thing in respect of which he or she has rea- sonable grounds to believe that the breach has occurred; and 126 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 152 (b) for the purpose of seizing any photographic film, video- tape, other visual recording, or a sound recording, tem- porarily take possession of any article in which it is con- tained.
(2) Anything seized under subsection (1) in respect of which any person is convicted of an offence under any of sections 141 to 145, or section 147 or section 148 is forfeited to the Crown unless the court orders that it be returned to a person who the court considers is entitled to it.
(3) Anything that is forfeited to the Crown— (a) (b) under subsection (2) may, subject to any order of a court, be sold, used, destroyed, or disposed of in any manner that the chief executive directs: under any provision of section 133 or 137 may be sold, used, destroyed, or disposed of in any manner that the chief executive directs.

Compare: 1954 No 51 s 44(4) Section 150(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 150(3): added, on 3 April 2009, by section 29 of the Corrections Amendment Act 2009 (2009 No 3).

Subpart 6—Complaints, investigations, and inspections 151 Interpretation In this section and sections 152 to 160, corrections com- plaints system means the complaints system facilitated by this subpart.
152 Objectives and monitoring of corrections complaints (1) system The corrections complaints system has the following object- ives: (a) to enable complaints by persons who are or were under control or supervision to be dealt with internally on a formal basis: to ensure that all persons under control or supervision are aware of the complaints system and are able to make (b) 127 Part 2 s 153 Corrections Act 2004 Reprinted as at 1 July 2009 (c) (d) (e) (f) (g) (h) (i) a complaint if and when they choose to do so, without fear of adverse consequences: to ensure that complaints are investigated in a fair, timely, and effective manner: to ensure that, if possible in the circumstances, com- plaints are dealt with reasonably promptly: to ensure that, if possible in the circumstances, com- plaints are dealt with at the lowest and most informal level: to ensure that all reasonable steps are taken to investi- gate complaints: to ensure that complainants are advised of the progress in investigating their complaints: to ensure that complaints are, to the extent possible, investigated in a culturally sensitive manner: to ensure that the identities of complainants are dis- closed only to the extent that it is necessary to assist in the investigation of complaints.
(2) The complaints system must be monitored frequently and au- dited to ensure the effectiveness of that system.

Compare: SR 2000/81 r 178 153 Prisons, community work centres, and probation offices (1) (2) must have internal complaints system In every prison, community work centre, and probation of- fice, there must be an internal complaints system that satisfies the prescribed requirements and that enables complaints to be dealt with internally on a formal basis.
The prison manager or controlling officer of the community work centre or probation office must ensure that the internal complaints system for that place complies with the objectives set out in section 152.
(3) Notices must be prominently displayed in each unit in a prison, in each community work centre, and in each place that is staffed permanently as a probation office, that explain— the complaints investigation process generally; and (a) how persons under control or supervision may obtain (b) forms for requesting interviews or for making formal complaints; and 128 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 155 (c) the right of persons under control or supervision to re- quest, at any time, assistance from an inspector of cor- rections or the ombudsmen.
(5) (4) Notices providing details of an impending visit by an inspector of corrections or an ombudsman must be prominently dis- played within each unit in a prison, in each community work centre, and in each place that is staffed permanently as a pro- bation office.
The controlling officer of a probation area must ensure that persons under control or supervision in that area who are not prisoners or persons required to regularly attend at a com- munity work centre or permanently staffed probation office are given information on the matters referred to in subsection (3)(a) to (c).
Compare: SR 2000/81 r 179 154 Assistance to make complaints (1) The chief executive must ensure that a person under control or supervision is given the opportunity to— (a) obtain assistance to enable the person to make a com- plaint; or verify any information recorded on a form or other document outlining a complaint.
(b) (2) The chief executive must ensure that any person who is under control or supervision who has difficulties with verbal or writ- ten communication is provided with assistance— (a) (b) Compare: SR 2000/81 r 180 to complete any required documents; and to prepare or present his or her case.
155 Persons under or previously under control or supervision may seek assistance from inspector of corrections A person who is or was under control or supervision may, at any time, seek assistance from an inspector of corrections for the purpose of making a complaint.
129 Part 2 s 156 Corrections Act 2004 Reprinted as at 1 July 2009 Investigation of complaints by inspector of corrections 156 (1) An inspector of corrections may investigate a complaint in any manner that the inspector considers appropriate (which may include, without limitation, referring the complaint to another person for consideration).
(2) While investigating a complaint, an inspector must be given access to— (a) (b) any person within the prison (including any Police sta- tion to which section 36 applies), community work cen- tre, or probation office, or to any person at any other place (including a dwellinghouse) at which the com- plainant is or was detained or required to attend, work, or live; and any contractor, security contractor, or other person who is or has been responsible for— (i) the supervision or oversight of a complainant while the complainant carries or carried out his or her sentence or order; or the monitoring of a complainant while the com- plainant is or was— (A) (ii) (B) (C) (D) serving a sentence of imprisonment by way of home detention: serving a sentence of home detention im- posed under section 80A of the Sentencing Act 2002: serving a sentence of community deten- tion: on parole subject to residential restrictions imposed under section 15 of the Parole Act 2002; or (c) (iii) the performance of any escort or courtroom cus- todial duties in relation to the complainant; and any records held by an employee of the department or any other person referred to in paragraph (a) or para- graph (b) that are relevant to the complaint (other than personnel records relating to a constable or constables).
If an inspector investigates a complaint, the inspector must the investigation reasonably promptly, and must conduct inform the complainant and the other persons concerned, (3) 130 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 157 promptly after the conclusion of the investigation and in a manner that the inspector considers appropriate, of— (a) (b) the result of the investigation; and any further action that the inspector proposes to take in respect of the complaint.
(4) An inspector must keep records of every complaint that the inspector receives and deals with.

Section 156(2)(b)(ii): substituted, on 1 October 2007, by section 58 of the Sen- tencing Amendment Act 2007 (2007 No 27).

Section 156(2)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
157 Powers of entry and access by inspectors of corrections (1) For the purpose of performing any functions as an inspector, an inspector of corrections may, at any time, enter a prison (in- cluding any Police station to which section 36 applies), com- munity work centre, probation office, or any other place (in- cluding a dwellinghouse) at which a person under control or supervision is or was detained or required to attend, work, live, or from which his or her sentence or any condition of that sen- tence is or was monitored, and gain access to— (a) (b) (c) all parts of that place: all persons under control or supervision in that place: all persons with responsibility for the control or super- vision of those persons in that place, other persons em- ployed in that place, and visitors in that place: if the place is a prison, community work centre, or pro- bation office, all records stored in that place (other than personnel records relating to a constable or constables) that relate to— (i) (ii) the place; or a person who is or was under control or supervi- sion; or a staff member employed at that place.
(iii) (d) (2) For the purpose of performing any functions as an inspector, an inspector of corrections may, at any time, enter any vehicle that is or was being used for the transportation of any person under control or supervision during any period of that person’s detention.
131 Part 2 s 158 Corrections Act 2004 Reprinted as at 1 July 2009 (3) Despite section 156(2) and subsections (1) and (2) of this sec- tion, an inspector— (a) must not enter a dwellinghouse without the consent of any person who appears to be the occupier of that dwellinghouse: (b) must not enter any part of a place at which a person under control or supervision is required to live, work, or attend (other than the actual part of the place in or at which the person is required to live, work, or attend) without the consent of the person who appears to be the occupier of that place: (c) must not enter a vehicle that is not owned or leased by the department, unless the owner or driver of the vehicle consents to that entry.
Section 157(1): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Section 157(1)(d): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
(2) 158 (1) Interviews with inspectors of corrections If an inspector visits a prison, community work centre, pro- bation office, or any other place for the purpose of interview- ing persons under control or supervision, all the persons under control or supervision at that place are entitled to an interview with that inspector.
If an inspector visits a prison, community work centre, proba- tion office, or other place for a purpose other than to interview persons under control or supervision, a person under control or supervision at that place may ask for an interview with the inspector and that inspector may agree to the interview.
(3) No person under control or supervision may be required to disclose to any person with responsibility for the control or supervision of that person the reason why the person asked for an interview with an inspector.
159 Recommendations and directions of inspectors of corrections (1) An inspector of corrections may, either during or following the completion of an investigation,— 132 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 161 (a) make any recommendations that he or she considers ap- propriate about practices or procedures to any person who he or she considers is the appropriate person to re- ceive the recommendation: issue any direction to a person with responsibilities for the control or supervision of any person that the in- spector considers necessary to avoid or reduce any im- mediate danger to the complainant or any other person.
(2) A direction given under subsection (1)(b) may be revoked at (b) (3) any time by the chief executive.

If the chief executive revokes a direction given under subsec- tion (1)(b), the chief executive must promptly inform the Chief Ombudsman of that revocation and the reasons for it.
Protocol 160 Protocol between chief executive and Chief Ombudsman (1) (b) The chief executive must enter into an agreement with the Chief Ombudsman about— (a) the access to complainants and the places where com- plainants are required to attend, work, or live, to be given to the ombudsmen: access to records relevant to the resolution of those complaints: the assistance to be provided by the chief executive to the ombudsmen: any other matter that the Chief Ombudsman and the chief executive agree should be included in a protocol.
Subsection (1) does not limit the powers of the ombudsmen under the Ombudsmen Act 1975.

(d) (c) (2) Subpart 7—Miscellaneous Other rights of inspection 161 Right of member of Parliament to visit prisons (1) Any member of Parliament may, whenever the member con- siders it appropriate, enter a prison and examine it and the con- dition of the prisoners, and may inform the prison manager of his or her observations.
133 Part 2 s 162 Corrections Act 2004 Reprinted as at 1 July 2009 (2) The prison manager must ensure that any observations of a member of Parliament are recorded and that a permanent record of those observations is kept at the prison.

(3) A member of Parliament is not entitled, under subsection (1), to communicate with any prisoner except in relation to— (a) (b) Compare: 1954 No 51 s 37 his or her treatment in the prison; or a complaint that prisoner makes about that treatment.
162 Right of Justice of the Peace to visit prison (1) A Justice of the Peace usually resident in the locality or place where a prison is located may, at all reasonable times, enter that prison and examine the prison and the condition of the prisoners, and may inform the prison manager of his or her observations.

The prison manager must ensure that any observations of a Justice of the Peace are recorded and that a permanent record of those observations is kept at the prison.
(2) (3) A Justice of the Peace is not entitled, under subsection (1), to communicate with any prisoner except in relation to— (a) (b) his or her treatment in the prison: a complaint that the prisoner makes about that treat- ment.

Compare: 1954 No 51 s 38 162A Crimes of Torture Act 1989 not limited Nothing in this Act limits the operation of Part 2 of the Crimes of Torture Act 1989.

Section 162A: inserted, on 5 December 2006, by section 9 of the Crimes of Torture Amendment Act 2006 (2006 No 68).
Identification of certain persons 163 Certain persons to be readily identifiable For the purposes of this Act and any other enactment, every inspector, officer, probation officer, and security officer must ensure that, when exercising any power or carrying out any other function under this Act or any other enactment, he or she 134 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 165 is readily identifiable as an inspector, officer, probation officer, or security officer by means of— (a) (b) a uniform or badge worn by him or her; or an identification card carried by him or her that must be produced on request.
Compare: 1954 No 51 s 36X Provision of information to persons under control or supervision 164 Provision of information to persons under control or (1) (2) (3) supervision This section applies to any information that is required by this Act, or any regulations made under this Act, to be given to a person under control or supervision.

Information to which this section applies must be presented in such a way that the person under control or supervision can be reasonably expected to understand it.
If any information additional to, or different from, any infor- mation initially presented to a person under control or super- vision in accordance with subsection (2) becomes available, the manager of the prison in which the person under control or supervision is detained or the person who is responsible for that person’s supervision must arrange for that additional or different information to be presented in accordance with that subsection reasonably promptly.
Compare: SR 2000/81 r 37 165 Medical records Medical records Every medical officer must ensure that— (a) an adequate record of the care or treatment provided by that officer to a prisoner at a prison is maintained; and full medical records (including dental records of prison- ers or former prisoners at the prison) are kept securely: the medical record of any prisoner or former prisoner at the prison is not treated as part of the prison records of that prisoner or former prisoner, as the case may be.
(b) (c) Compare: SR 2000/81 r 68 135 Part 2 s 166 Corrections Act 2004 Reprinted as at 1 July 2009 Escort services and courtroom custodial services 166 Provision of escort services or courtroom custodial (1) (2) services under contract The chief executive may, in the name and on behalf of the Crown, enter into any contract with any other person for the provision, by that other person, of escort services, courtroom custodial services, or both.
The chief executive must not, without the prior written consent of the Minister in each case,— (a) (b) enter into any security contract; or agree to any extension of the term of any security con- tract.
(3) Nothing in this section limits or affects the power of the chief executive— (a) to enter into arrangements with other government agen- cies for the provision, by those agencies, of escort ser- vices, courtroom custodial services, or both; or to employ persons to undertake escort duties, courtroom custodial duties, or both.
(b) Compare: 1954 No 51 s 36G 167 Requirements of security contracts (1) Every security contract must specify the particular escort du- ties or, as the case requires, the particular courtroom custodial duties that are to be carried out by security officers under the contract.
Every security contract must provide for— (a) objectives and performance standards (which standards must not be any lower than any relevant standards ap- plicable to employees of the department) for the secur- ity contractor in relation to— (i) the carrying out of the obligations of the security contractor under the contract; and the treatment of the persons in respect of whom escort duties or courtroom custodial duties are carried out under the contract; and (ii) (b) the employment by the security contractor of sufficient suitable persons to carry out the security contractor’s (2) 136 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 167 (c) (d) (e) (f) (g) statutory and contractual obligations in respect of the security contract; and the training to be provided, at the expense of the security contractor, to security officers employed by the security contractor, which training must be— (i) to the standard appropriate for the particular pos- ition; and to a standard no lower than the standard of train- ing received by any security officers employed by the chief executive; and (ii) the co-ordination of services and processes of the secur- ity contractor with those of the department, the Police, other government agencies, and other security contrac- tors; and the arranging and maintenance, by the security contrac- tor, of adequate insurance against the security contrac- tor’s liability for claims arising out of, or in connection with, the security contract; and the termination of the contract for breach of contract; and the avoidance of conflicts of interest that might arise in relation to the exercise or performance, by the security contractor or any security officer employed by the se- curity contractor, of any power, duty, or function con- ferred or imposed by or under the security contract or by or under this Act or by or under any regulations made under this Act.
(3) Every security contract must impose on the security contractor, in relation to the provision of services under the contract, a duty to— (a) comply with the requirements of this Act, any regula- tions made under this Act, and any instructions issued under section 196 in so far as those requirements are applicable to the services to be provided by the security contractor under the contract, and take into account any guidelines issued under section 196; and comply with the requirements of the New Zealand Bill of Rights Act 1990, as if the security contractor and (b) 137 Part 2 s 168 Corrections Act 2004 Reprinted as at 1 July 2009 (c) any security officers employed by the security contrac- tor were employees of the chief executive; and comply with the requirements of sections 56(1) and (2) and 58(1) and (3) of the State Sector Act 1988 (which relate to personnel and equal employment policies), as if the security contractor were the chief executive of a department within the meaning of that Act.
(4) A security contract may contain any other provision that is agreed between the chief executive and the security contractor that is not inconsistent with— (a) (b) Compare: 1954 No 51 s 36H this Act; or any regulations made under this Act.
168 Liability of security contractors (1) (b) The Crown is entitled to be indemnified by a security contrac- tor— (a) against any claim arising out of any act or omission of the security contractor or the security contractor’s employees or agents and for which the Crown is held liable (in whole or in part); and for any act or omission of the security contractor or the security contractor’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 security contractor for any act or omission of a security contractor or a security contractor’s employees or agents, nei- ther the security contractor nor the security contractor’s em- ployees or agents are to be treated as agents of the Crown.
Compare: 1954 No 51 s 36Z (2) 169 Subcontractors (1) A security contractor may subcontract any of the security con- tractor’s responsibilities under a security contract only with the prior written approval of the chief executive and only to the extent permitted by any approval, which approval may be granted subject to any conditions that the chief executive con- siders appropriate.
138 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 171 (2) If, with the approval of the chief executive, any responsibility of a security contractor is subcontracted to any person, the provisions of this Act and of any regulations made under this Act and of any instructions and guidelines issued under section 196, in so far as those provisions relate to that responsibility, apply to that subcontractor as if that subcontractor were the security contractor.
Compare: 1954 No 51 s 36ZB 170 Security contracts to be notified in Gazette (1) Reasonably promptly after a security contract is entered into under section 166, the Minister must notify the making of the contract in the Gazette.

Reasonably promptly after a security contract is varied or re- newed, the Minister must notify the variation or renewal of the contract in the Gazette.
(2) 171 Reporting responsibilities (1) If there is any variation of the controlling interests in a secur- ity contractor, that security contractor must promptly give no- tice of that variation to the chief executive and to the security monitor appointed in respect of that security contractor under section 172(1).
(2) A security contractor must, at those intervals (not exceeding 3 months) that are determined by the chief executive, arrange for written reports on the following matters to be forwarded to the chief executive and to the security monitor appointed in respect of that security contractor under section 172(1): (a) the training provided to security officers employed by the security contractor (including the amount and qual- ity of that training), and the level of training achieved by those security officers: the number and nature of complaints made by persons in relation to the carrying out, by security officers em- ployed by that security contractor, of escort duties or courtroom custodial duties in respect of those persons, and how those complaints were resolved: the number and nature of any incidents involving— (b) (c) 139 Part 2 s 171 Corrections Act 2004 Reprinted as at 1 July 2009 (i) (ii) (iii) violence by or against prisoners while in the cus- tody of security officers employed by that secur- ity contractor: violence against security officers employed by that security contractor while carrying out escort duties or courtroom custodial duties: self-inflicted injuries to prisoners while in the custody of security officers employed by that se- curity contractor: the compliance, by security officers employed by that security contractor, with the requirements of sections 83, 84, 85, 87, and 88: the exercise, by security officers employed by that se- curity contractor, of the powers conferred by sections 98 and 101 in order to perform the functions of security officers: the number and nature of any disciplinary actions taken against security officers employed by that security con- tractor, and the reasons for, and the outcomes of, those actions, including any penalties imposed: any other matters in respect of which the chief execu- tive reasonably considers that information is necessary to enable the chief executive to carry out his or her re- sponsibilities under this Act or under any other enact- ment.
(d) (e) (f) (g) (3) A security contractor must arrange for a written report on an occurrence of any of the following to be prepared and for- warded to the chief executive and to the security monitor ap- pointed in respect of that security contractor under section 172(1) promptly after it occurs: (a) any escape or attempted escape by any prisoner while that prisoner was in the custody of any security officer employed by that security contractor: the death of any prisoner while in the custody of any security officer employed by that security contractor.
(b) (4) Nothing in subsections (1) to (3) limits any other duty to report that is imposed by or under any security contract or by or under any other provision of this Act or any other enactment.
Compare: 1954 No 51 s 36ZC 140 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 173 172 Security monitors (1) (2) The chief executive must appoint under the State Sector Act 1988 as many persons as security monitors as are required for the purposes of this Act and each person appointed as a secur- ity monitor must be appointed in respect of a particular secur- ity contractor.
The security monitor appointed in respect of that security con- tractor— (a) is responsible to the chief executive for the assessment and review of the carrying out, by that security contrac- tor, of that contractor’s obligations under the security contract; and (b) must report to the chief executive at the intervals (not exceeding 3 months) that the chief executive deter- mines, and at any other time that the security monitor considers appropriate, on— (i) the carrying out, by that security contractor, of that contractor’s obligations under the security contract; and (ii) whether or not that security contractor is comply- ing with that contractor’s security contract and with the provisions of this Act, any regulations made under this Act, and any instructions issued under section 196 and is taking into account any guidelines issued under section 196.
(3) Any security monitor may, at any time that he or she consid- ers appropriate, make recommendations to the chief executive on any matters relating to security contracts that the monitor considers appropriate.

The office of security monitor may be combined with any other office, appointment, or position if the chief executive is satis- fied that the duties of that other office, appointment, or position are not incompatible with the duties of a security monitor.
Compare: 1954 No 51 s 36ZD (4) 173 Access must be given (1) Every security contractor must ensure that any security moni- tor has free and unfettered access at all times to— 141 Part 2 s 174 Corrections Act 2004 Reprinted as at 1 July 2009 (a) (b) (c) all prisoners who are under the control of security offi- cers employed by that contractor; and all security officers employed by that security contrac- tor, but only when they are actually on duty; and all records held by the security contractor and that relate to— (i) any person who is or has been in the control of any security officer employed by that security contractor; or any person who is or has been employed by that security contractor as a security officer.
(ii) (2) Despite subsection (1), a security monitor may not be given access to any medical records relating to any person referred to in subsection (1) unless the person concerned consents to that access.
Compare: 1954 No 51 s 36ZE 174 Security monitors must report on certain matters (1) For the purposes of each report to the chief executive under section 172(2), the security monitor appointed in respect of a security contractor under section 172(1) must review the fol- lowing matters: (a) the procedures in place to assess— (i) the suitability of persons for appointment or en- gagement under section 17(2) by the security contractor; and the ongoing suitability of persons so appointed or engaged: (ii) (2) Without limiting section 172(2), (b) the matters in respect of which the security monitor is entitled to receive a report under section 171(2) or (3).
the security monitor ap- pointed in respect of a security contractor under section 172(1) may, at the request of the chief executive or on the security monitor’s own initiative,— (a) investigate any matter relating to the carrying out, by that security contractor, of that security contractor’s obligations under the relevant security contract; and 142 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 177 (b) report to the chief executive the results of that examin- ation.
Compare: 1954 No 51 s 36ZF Application of other Acts (1) 175 Application of Ombudsmen Act 1975 and Official Information Act 1982 to contract prisons, security contractors, and security officers For the purposes of the Ombudsmen Act 1975 and the Official Information Act 1982, every contract prison is to be treated as part of the department.
In relation to the carrying out of escort duties and courtroom custodial duties under this Act, every security contractor, and every security officer employed by a security contractor, is to be treated, for the purposes of the Ombudsmen Act 1975 and the Official Information Act 1982, as an employee of the department.
Compare: 1954 No 51 s 41C (2) 176 Application of New Zealand Bill of Rights Act 1990 (1) (2) to contract prisons, security contractors, and security officers For the purposes of section 3 of the New Zealand Bill of Rights Act 1990, acts done by staff members of a contract prison are to be treated as acts done by the executive branch of the Gov- ernment of New Zealand.
In relation to the carrying out of escort duties and courtroom custodial duties under this Act, acts done by security contrac- tors, or security officers employed by security contractors, are to be treated, for the purposes of section 3 of the New Zealand Bill of Rights Act 1990, as acts done by the executive branch of the Government of New Zealand.
Compare: 1954 No 51 s 41E 177 Application of Public Works Act 1981 For the purposes of the Public Works Act 1981, the construc- tion, management, operation, and maintenance of a prison or community work centre, including the acquisition of land and 143 Part 2 s 178 Corrections Act 2004 Reprinted as at 1 July 2009 buildings, or an estate or interest in land, for that purpose, is a Government work and a public work within the meaning of that Act, whether or not the prison or community work centre, or proposed prison or community work centre, is, or is to be, constructed, managed, operated, or maintained by the Crown.
Compare: 1954 No 51 s 41D 178 Application of Resource Management Act 1991 For the purposes of Part 8 of the Resource Management Act 1991, the construction, management, operation, and mainten- ance of a prison (other than a Police jail) or community work centre is to be treated as a public work for which the Minister has financial responsibility, whether or not the prison or com- munity work centre, or proposed prison or community work centre, is, or is to be, constructed, managed, operated, or main- tained by the Crown.
Compare: 1954 No 51 s 41F 179 Application of certain Acts to various office holders No person is deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 by reason only— of that person’s appointment or engagement under sec- (a) tion 11(2) or (4), section 17(2), or section 24(2); or that the person has entered into a contract under section 4A of the Penal Institutions Act 1954; or that the person has entered into a security contract under section 166.
(b) (c) Compare: 1954 No 51 ss 4D, 6(7), 36I(3), 36ZA; 1985 No 120 s 124(5) Emergency management Heading: inserted, on 3 April 2009, by section 30 of the Corrections Amend- ment Act 2009 (2009 No 3).
179A Detention of prisoners eligible for release during outbreak or spread of infectious disease (1) A prisoner who is eligible for release under the Parole Act 2002 may be detained beyond his or her statutory release date in any part of the prison if that detention is pursuant to any 144 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 179C (2) order or requirement under section 70 or 79 of the Health Act 1956.
In this section, statutory release date has the meaning given to it in section 4(1) of the Parole Act 2002.

Section 179A: inserted, on 3 April 2009, by section 30 of the Corrections Amendment Act 2009 (2009 No 3).
179B No compensation for detention in prison under Health (1) (2) Act 1956 To avoid doubt, the Crown is not liable to make a payment to or otherwise compensate any person in respect of any de- tention in a prison if that detention is pursuant to any order or requirement under the Health Act 1956.

This section does not— (a) limit section 179E or 195 or any other enactment deal- ing with liability or the payment of compensation; or affect any cause of action relating to unlawful arrest or detention.
(b) Section 179B: inserted, on 3 April 2009, by section 30 of the Corrections Amendment Act 2009 (2009 No 3).
179C Interpretation In this section and sections 179D and 179E, unless the context otherwise requires,— act or omission means any act or omission described in sec- tion 179E(1)(a) epidemic emergency affecting a prison or prisoners means an epidemic— (a) (b) that occurs while an epidemic notice is in force; and in respect of which the chief executive reasonably be- lieves that the corrections system is no longer able to fulfil its purpose in section 5(1)(a) in relation to the prison or prisoners affected epidemic notice means a notice under section 5 of the Epi- demic Preparedness Act 2006 failure means any failure described in section 179E(1)(b) 145 Part 2 s 179D Corrections Act 2004 Reprinted as at 1 July 2009 prison emergency means an emergency— (a) affecting the safety or health of the prisoners or any class or group of prisoners, or the security of the prison; and in respect of which the chief executive reasonably be- lieves that the corrections system is no longer able to fulfil its purpose in section 5(1)(a) in relation to the prison or prisoners affected (b) regulations means regulations made under section 200 state of emergency affecting a prison or prisoners means a state of emergency— (a) within the meaning of section 4 of the Civil Defence Emergency Management Act 2002; and in respect of which the chief executive reasonably be- lieves that the corrections system is no longer able to fulfil its purpose in section 5(1)(a) in relation to the prison or prisoners affected.
(b) Section 179C: inserted, on 3 April 2009, by section 30 of the Corrections Amendment Act 2009 (2009 No 3).

179D Notification of emergency (1) The chief executive must notify the Minister within 7 days of determining the existence of— (a) an epidemic emergency affecting a prison or prisoners; or a prison emergency; or a state of emergency affecting a prison or prisoners.
(b) (c) (2) A notice under subsection (1) must— (a) (b) (c) (d) (e) be in writing and signed by the chief executive; and state the date on which it is signed; and state the nature of the emergency that exists; and specify the actions taken to date in respect of the emer- gency; and specify any action proposed to be taken to enable the corrections system to fulfil its purpose in section 5(1)(a).
(3) The chief executive must notify the Minister within 7 days of determining that the emergency no longer exists.

(4) A notice under subsection (3) must— 146 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 179E be in writing and signed by the chief executive; and state the date on which it is signed; and specify the actions taken in respect of the emergency.

(a) (b) (c) Section 179D: inserted, on 3 April 2009, by section 30 of the Corrections Amendment Act 2009 (2009 No 3).
179E Exclusion of liability while epidemic notice in force or (1) during emergency There is no cause of action against the Crown, a Minister of the Crown, an officer or employee of a Minister of the Crown, the chief executive, an employee of the department, a contractor, or an independent contractor, to recover damages for any harm or loss that is due directly or indirectly to— (a) (b) any act or omission by any person that occurs while carrying out his or her functions or duties or exercising his or her powers under a provision of this Act or the regulations that has been modified by Order in Council under the Epidemic Preparedness Act 2006 while an epidemic notice is in force; or any failure by any person to comply (or comply fully) with any provision of this Act or the regulations if— (i) the failure occurs during an epidemic emergency affecting a prison or prisoners, a prison emer- gency, or a state of emergency affecting a prison or prisoners; and it is impossible or unreasonable in the circum- stances to comply (or comply fully) with this Act or the regulations.
(ii) (2) A person is not exempt from liability under subsection (1) if the act or omission, or failure, constitutes bad faith or gross negligence on the part of that person.

(3) A person may apply to the High Court for leave to bring pro- ceedings against any person referred to in subsection (1) on the ground that the act or omission, or failure, constitutes bad faith or gross negligence on the part of that person.
The court must not grant leave unless it is satisfied that there are grounds for the contention that the act or omission, or fail- ure, constitutes bad faith or gross negligence on the part of the person against whom proceedings are sought to be brought.
(4) 147 Part 2 s 180 Corrections Act 2004 Reprinted as at 1 July 2009 (a) (5) An application for leave under subsection (3) must be made— within 2 years after the act or omission, or failure, to which the application relates; or in the case of a continuance of injury or damage, within 2 years after the ceasing of the injury or damage.
(b) (6) Nothing in this section— (a) (b) (c) prevents the Crown from making any ex gratia payment it considers justifiable on the basis of hardship or fair- ness: limits the operation of section 86 of the State Sector Act 1988: affects any cause of action relating to unlawful arrest or detention.

Section 179E: inserted, on 3 April 2009, by section 30 of the Corrections Amendment Act 2009 (2009 No 3).
Disclosure of prisoner information Heading: substituted, on 9 April 2008, by section 5 of the Corrections (Social Assistance) Amendment Act 2008 (2008 No 24).
180 Purpose of section 180A (1) The purpose of section 180A is to facilitate the disclosure of information, by the chief executive to the requesting depart- ment, for the purposes of the operation of all or any of the following provisions: (a) section 76(1) of the Social Security Act 1964 (under which a benefit is, in general, not payable in respect of any period during which a beneficiary is imprisoned or detained in, or is an escaper from, a prison, pursuant to a sentence of imprisonment): sections 86 and 86A of the Social Security Act 1964 (which provide for the recovery of debts due to the Crown within the meaning of section 85A of that Act): section 307B of the Education Act 1989 (which pro- vides for the recovery of debts in respect of the payment to a person of allowances, student loans, or other money to which he or she was not, or is no longer, entitled): regulation 28 of the Student Allowances Regulations 1998 (under which a student imprisoned or detained in (b) (c) (d) 148 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 180A a prison, pursuant to a sentence of imprisonment is not entitled to receive any payment under those regulations in respect of any period of any such imprisonment): section 180C.
(e) (2) Requesting department, in subsection (1) and sections 180A and 180C, means— (a) (b) the department for the time being responsible for the ad- ministration of the Social Security Act 1964, in relation to information requested for the purposes of the oper- ation of a provision of that Act: the department for the time being responsible for the administration of Part 25 of the Education Act 1989, in relation to information requested for the purposes of the operation of section 307B of that Act, or regulation 28 of the Student Allowances Regulations 1998.
Compare: 1954 No 51 s 36F Section 180: substituted, on 9 April 2008, by section 5 of the Corrections (Social Assistance) Amendment Act 2008 (2008 No 24).
180A Prisoner information may be disclosed for social (1) assistance purposes For the purpose stated in section 180, the chief executive of the requesting department may from time to time request the chief executive to supply all or any information specified in section 180B in respect of prisoners detained in a prison during the period specified in the request.
(2) A request under subsection (1) must be made in writing and in accordance with arrangements made from time to time be- tween— (a) (b) the chief executive; and the chief executive of the requesting department.

(3) On receipt of a request made under subsection (1) the chief executive may supply the information requested to any person who is— (a) an officer or employee of the requesting department; and authorised for the purpose by the chief executive of the requesting department.
(b) Compare: 1954 No 51 s 36F 149 Part 2 s 180B Corrections Act 2004 Reprinted as at 1 July 2009 Section 180A: inserted, on 9 April 2008, by section 5 of the Corrections (Social Assistance) Amendment Act 2008 (2008 No 24).
180B Information that may be requested and disclosed The information referred to in section 180A(1) is, for each prisoner detained in a prison during the period specified in the request,— (a) a sufficient amount of biographical information to iden- tify the prisoner; and the name of the prison in which the prisoner is or was detained during that period; and details of each period of detention of the prisoner in the prison during the period specified in the request.
(b) (c) Compare: 1954 No 51 s 36F Section 180B: inserted, on 9 April 2008, by section 5 of the Corrections (Social Assistance) Amendment Act 2008 (2008 No 24).
180C Social assistance may be suspended immediately if discrepancy discovered The chief executive of the requesting department may suspend immediately the payment to a person of the benefits, allow- ances, and student loans, or any of them, payable to the person if— (a) information has been disclosed to the requesting depart- ment under section 180A; and a discrepancy relating or apparently relating to the per- son arises, or is identified in that information; and that chief executive wishes, on the basis of that discrep- ancy, to effect the suspension; and immediately after the suspension is effected, the re- questing department gives the person written notice of the kind specified in section 180D.
(b) (c) (d) In this section and section 180D,— adverse action has the same meaning as in section 97 of the Privacy Act 1993 allowance means an allowance established (whether estab- lished for the first time or continued) by regulations made under section 303 of the Education Act 1989 (1) (2) 150 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 180D benefit has the same meaning as in section 3(1) of the Social Security Act 1964 discrepancy has the same meaning as in section 97 of the Pri- vacy Act 1993 student loan has the meaning given to it by section 2 of the Student Loan Scheme Act 1992 working day has the same meaning as in section 2(1) of the Privacy Act 1993.
(3) A notice under subsection (1) may also be used to give the person concerned notice under section 103(1) of the Privacy Act 1993 in relation to some proposed adverse action other than the suspension or suspensions concerned; but in that case that section applies to the taking of that action.

Subsection (1) overrides section 103(1) of the Privacy Act 1993.
(4) (5) Nothing in this section prevents any adverse action from being taken in respect of benefits, allowances, or student loans in ac- cordance with section 103(1) of the Privacy Act 1993 instead of this section.

Section 180C: inserted, on 9 April 2008, by section 5 of the Corrections (Social Assistance) Amendment Act 2008 (2008 No 24).
180D Notice required by section 180C(1)(d) (1) A notice required by section 180C(1)(d)— (a) must specify particulars of— (i) (ii) the discrepancy or discrepancies concerned; and the suspension or suspensions concerned; and (b) must state that the person concerned may, after the re- ceipt of the notice, show cause why payments of any benefit, allowance, or student loan should not have been suspended.
(2) A notice required by section 180C(1)(d) must be delivered to the person concerned— (a) (b) personally; or by leaving it at the person’s usual or last known place of residence or business or at the address specified by the person in any application or other document received from the person; or 151 Part 2 s 181 Corrections Act 2004 Reprinted as at 1 July 2009 (3) (c) by posting it in a letter addressed to the person at that place of residence or business or at that address.
If a notice required to be given under section 180C(1)(d) is sent to a person by post,— (a) the notice must, in the absence of proof to the contrary, be taken to have been delivered to that person on the fourth day after the day on which it was posted; and in proving the delivery it is sufficient to prove that the letter was properly addressed and posted.

(b) Section 180D: inserted, on 9 April 2008, by section 5 of the Corrections (Social Assistance) Amendment Act 2008 (2008 No 24).
Disclosure of offender information inserted, on 9 April 2008, by section 6 of the Corrections (Social Heading: Assistance) Amendment Act 2008 (2008 No 24).
181 Offender information may be disclosed for immigration purposes The purpose of this section is to facilitate the disclosure of information by the department to the Department of Labour, for the purpose of assisting— (a) the Minister of Immigration to exercise any power con- ferred by the Immigration Act 1987 to deport any per- son; or the Chief Executive of the Department of Labour or an immigration officer to exercise any powers conferred by that Act to revoke a permit or visa or to make or execute a removal order.
(b) For the purpose of this section, the chief executive may from time to time, in accordance with arrangements in writing made from time to time between the chief executive and the Chief Executive of the Department of Labour,— (a) supply to the Chief Executive of the Department of Labour the information specified in subsection (3) in re- spect of persons who have been sentenced to imprison- ment: if the chief executive is authorised by regulations made under this Act to do so, supply to the Chief Executive of the Department of Labour the information specified in (ab) (1) (2) 152 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 181A (3) (4) (5) (6) (b) subsection (3) in respect of persons who have received a sentence of home detention: if the chief executive is authorised by regulations made under this Act to do so, supply to the Chief Executive of the Department of Labour the information specified in subsection (3) in respect of persons who have received a community-based sentence.
The information referred to in subsection (2) is as follows: (a) (b) identifying information about the person: details of the person’s offence and sentence (including relevant dates such as the date on which the person is eligible or entitled to be released).

The chief executive may supply the information specified in subsection (3) to any immigration officer or other officer or employee of the Department of Labour who is authorised in that behalf by the Chief Executive of the Department of Labour.
Information supplied under subsection (4) may be supplied in any form that is determined by agreement between the Chief Executive of the Department of Labour and the chief execu- tive.

In this section identifying information in relation to any per- son includes the person’s full name, date and place of birth, gender, location, citizenship, unique identifying number used by the department, and any known alias.
Section 181(2)(ab): inserted, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Information sharing about highest-risk offenders Heading: inserted, on 3 April 2009, by section 31 of the Corrections Amend- ment Act 2009 (2009 No 3).
181A Disclosure of information relating to highest-risk offenders (1) A specified agency that enters into an information sharing agreement under section 182D (as modified by subsection (5)) with another specified agency is authorised to disclose to that agency any personal information about a highest-risk 153 Part 2 s 181A Corrections Act 2004 Reprinted as at 1 July 2009 offender, but only if the disclosure is for, or relates to, a purpose listed in subsection (3).
(2) Nothing in subsection (1) limits the operation of the Privacy Act 1993 or section 182 of this Act.
The purposes for which personal information about highest- risk offenders may be disclosed under an information sharing agreement between specified agencies are— (a) to assist the monitoring of compliance of highest-risk offenders with their conditions of release: to assist in facilitating the rehabilitation of highest-risk offenders: to facilitate the reintegration of highest-risk offenders into the community: to manage the risk that the offender may commit further offences: to identify any increased risk that the offender may breach his or her conditions or will commit further of- fences.
(b) (c) (d) (e) For the purposes of this section,— highest-risk offender means any offender whom the chief ex- ecutive considers, having regard, among other matters, to the nature and seriousness of his or her offending, to be included in the class of offenders who pose the highest risk to public safety specified agency means— (a) (b) (c) the Department of Corrections: the New Zealand Police: any public sector agency (as that term is defined in sec- tion 2 of the Privacy Act 1993) that the Minister of Just- ice, after consultation with the Privacy Commissioner, identifies as a specified agency for the purposes of this section by notice in the Gazette.
Sections 182D and 182E apply to information sharing agree- ments about highest-risk offenders as if every reference in those sections to a child sex offender were a reference to a highest-risk offender.

Information disclosed for the purposes of this section may be disclosed prior to the offender’s release from prison.
(3) (4) (5) (6) 154 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 182 (7) This section does not limit or affect any information sharing agreement under section 182D in relation to a child sex of- fender who is also a highest-risk offender.

Section 181A: inserted, on 3 April 2009, by section 31 of the Corrections Amendment Act 2009 (2009 No 3).
182 Offender information may be disclosed to facilitate monitoring of persons on temporary release The purpose of this section is— (a) (1) to facilitate the disclosure of information by the depart- ment to the Commissioner of Police, to assist the moni- toring of compliance by persons on temporary release with the conditions of their temporary release.
[Repealed] (b) For the purpose of this section, the chief executive may, from time to time, in accordance with arrangements made from time to time between the Commissioner of Police and the chief ex- ecutive, supply the information specified in subsection (3) to any constable.
The information referred to in subsection (2) is as follows: (a) in the case of any person released on temporary release under section 62— (i) the date of temporary release of the person, and the place from which the person was released: the conditions of the person’s temporary release (whether imposed on release or imposed subse- quently).
(ii) [Repealed] (b) [Repealed] Information supplied under subsection (2) may be supplied in any form that is determined by agreement between the Com- missioner of Police and the chief executive.

[Repealed] Section 182 heading: amended, on 3 April 2009, by section 32(1) of the Cor- rections Amendment Act 2009 (2009 No 3).

Section 182(1)(b): repealed, on 3 April 2009, by section 32(2) of the Correc- tions Amendment Act 2009 (2009 No 3).
Section 182(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

155 (2) (3) (4) (5) (6) Part 2 s 182A Corrections Act 2004 Reprinted as at 1 July 2009 Section 182(3)(b): repealed, on 3 April 2009, by section 32(3) of the Correc- tions Amendment Act 2009 (2009 No 3).

Section 182(4): repealed, on 3 April 2009, by section 32(4) of the Corrections Amendment Act 2009 (2009 No 3).
Section 182(5): amended, on 3 April 2009, by section 32(5) of the Corrections Amendment Act 2009 (2009 No 3).

Section 182(6): repealed, on 3 April 2009, by section 32(6) of the Corrections Amendment Act 2009 (2009 No 3).

Information sharing about child sex offenders Heading: inserted, on 7 July 2004, by section 14(5) of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
182A Information sharing about child sex offenders (1) A specified agency that enters into an information sharing agreement under section 182D with another specified agency is authorised to disclose to that agency any personal informa- tion about a child sex offender, but only if the disclosure is for, or relates to, a purpose listed in subsection (3).

(2) Nothing in subsection (1) limits the operation of the Privacy Act 1993 or section 182 of this Act.
The purposes for which personal information about a child sex offender may be disclosed under an information sharing agreement between specified agencies are: (a) to monitor compliance by the child sex offender with his or her release conditions (including conditions imposed under section 93 of the Sentencing Act 2002), deten- tion conditions (if the offender is serving a sentence of imprisonment on home detention), conditions of a sen- tence of supervision, intensive supervision, community detention, or home detention (imposed under section 80A of the Sentencing Act 2002), post-detention con- ditions of a sentence of home detention, or conditions of an extended supervision order: to manage the risk that the offender may commit further sexual offences against children: to identify any increased risk that the offender may breach his or her conditions or will commit further sex- ual offences against children: (b) (c) (3) 156 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 182B (4) (d) to facilitate the reintegration of the offender into the community.
Information disclosed for the purposes of this section may be disclosed prior to the offender’s release from prison.

Section 182A: inserted, on 7 July 2004, by section 14(5) of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 182A heading: amended, on 7 July 2004, by section 32(1) of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 182A(3)(a): substituted, on 1 October 2007, by section 58 of the Sen- tencing Amendment Act 2007 (2007 No 27).
Section 182A(4): added, on 3 April 2009, by section 33 of the Corrections Amendment Act 2009 (2009 No 3).
182B Definition of child sex offender (1) For the purposes of section 182A, child sex offender means a person who— (a) has been convicted of a relevant offence as defined in section 107B(1) of the Parole Act 2002 (other than where the offence is one referred to in section 107B(3) (pornography offences)); and (b) whose sentence for the relevant offence has not been (c) quashed or otherwise set aside; and who is subject to release conditions (including condi- tions imposed under section 93 of the Sentencing Act 2002), detention conditions (if the offender is serving a sentence of imprisonment on home detention), con- ditions of a sentence of supervision, intensive supervi- sion, community detention, or home detention (imposed under section 80A of the Sentencing Act 2002), post-de- tention conditions of a sentence of home detention, or conditions of an extended supervision order.
(2) However, a person is not a child sex offender for the purposes of section 182A if,— (a) since his or her latest conviction for a relevant offence, the offender has had a period during which he or she was not subject to any sentence for an offence and was not subject to release or post-detention conditions of any sort; and the offender is not subject to an extended supervision order.
(b) 157 Part 2 s 182C Corrections Act 2004 Reprinted as at 1 July 2009 Section 182B: inserted, on 7 July 2004, by section 14(5) of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 182B(1)(c): substituted, on 1 October 2007, by section 58 of the Sen- tencing Amendment Act 2007 (2007 No 27).

Section 182B(2)(a): amended, on 1 October 2007, by section 58 of the Sentenc- ing Amendment Act 2007 (2007 No 27).
182C Definition of specified agency For the purposes of section 182A, specified agency means— (a) (b) (c) (d) (e) (f) the Department of Corrections: the Department of Child, Youth and Family Services: Housing New Zealand Corporation: the Ministry of Social Development: the New Zealand Police: any public sector agency (as that term is defined in sec- tion 2 of the Privacy Act 1993) that the Minister of Just- ice, after consultation with the Privacy Commissioner, identifies as a specified agency by notice in the Gazette.
Section 182C: inserted, on 7 July 2004, by section 14(5) of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

182D Information sharing agreements (1) An agreement entered into under this section for sharing infor- mation about child sex offenders must set out the operational details about how the information is to be shared.
(2) Without limiting subsection (1), every agreement must— (a) (b) (c) specify the nature of the information to be disclosed; and specify the manner in which the information may be disclosed; and set out how the information privacy principles, as set out in section 6 of the Privacy Act 1993, will be complied with.

Before an information sharing agreement is concluded, re- viewed, or substantially amended, the specified agencies con- cerned must consult with the Privacy Commissioner.
Section 182D: inserted, on 7 July 2004, by section 14(5) of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

(3) 158 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 185 182E Application of agreements When specified agencies enter into an information sharing agreement, the agreement applies to all personal information held by the agencies about a child sex offender, whether the information was obtained before or after the agreement came into force.
Section 182E: inserted, on 7 July 2004, by section 14(5) of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Inquests 183 Inquests on prisoners If any prisoner dies, the prison manager must immediately re- port the death to a constable.

Compare: 1954 No 51 s 40 Section 183: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Power to arrest persons unlawfully at large 184 Arrest of person unlawfully at large Any constable or officer may arrest without warrant any person who, having been sentenced to imprisonment or having been committed to a prison, is unlawfully at large, and may take him or her to any place where he or she may be lawfully detained.

Compare: 1954 No 51 s 41 Section 184: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Property damage caused by escapers 185 Compensation for property damage by escapers (1) This section and sections 186 to 189 apply in any case where any person suffers, whether before or after the commencement of this section, any loss of, or damage to, any real or per- sonal property through, or by means of, any act or omission of an escaper (being an act or omission that occurred in New Zealand)— (a) that was intended to facilitate the flight of the escaper or the avoidance of his or her recapture; or 159 Part 2 s 186 Corrections Act 2004 Reprinted as at 1 July 2009 (b) that occurred in the course of his or her escaping or attempting to escape or while he or she was fleeing to avoid recapture.
(2) Any person who suffers any loss or damage to which this sec- tion applies may apply to any District Court, in accordance with the applicable rules of court, for compensation for that loss or damage, and the court may award under this section to, or for the benefit of, the applicant compensation in respect of any 1 or more of the following matters: (a) (b) actual loss of, or damage to, any property: expenses actually and reasonably incurred in recovering any property that has been stolen or removed: expenses actually and reasonably incurred as a result of the loss of the use of any property for any period.
For the purposes of this section and sections 186 and 187, es- caper means a prisoner who escapes or who attempts to escape from custody.

Compare: 1954 No 51 s 41A(1), (2), (11) (3) (c) 186 Rules governing compensation (1) No compensation may be awarded under section 185 unless the court is satisfied, on a balance of probabilities,— (a) that there was an act or omission of the kind referred to in section 185; and that the loss or damage resulted from that act or omis- sion.
(b) (3) (2) Despite any other enactment, the amount awarded to any ap- plicant under section 185 may, in the aggregate, amount to $50,000, but must not exceed that amount.
In determining the amount (if any) to be awarded to any appli- cant under section 185, the court— (a) must have regard to any behaviour of the applicant that directly or indirectly contributed to the loss or damage, and to any failure by the applicant to take reasonable steps to avoid or mitigate the loss or damage; and (b) must deduct any payments received by the applicant by way of compensation or damages from the esca- per or any person on the escaper’s behalf, or under the 160 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 187 Injury Prevention, Rehabilitation, and Compensation Act 2001, in respect of the loss or damage; and (c) must deduct any payments received by, or payable to, the applicant under any policy of insurance in respect of the property; and (d) may have regard to any other circumstances that it con- siders relevant.
(4) For the purposes of subsection (3)(a), a failure by the appli- cant to insure against the loss or damage must, if the court considers that the failure was imprudent, having regard to the circumstances of the case and to normal practice, be treated as a failure to take reasonable steps to avoid the loss or damage.
(5) No compensation may be awarded under this section unless the application is made within 1 year from the time the loss or damage occurs, but the court may, at any time before or after the expiry of that period, extend the time for making an application for any further period if, in the circumstances of the case, the court considers it appropriate to do so.
If any compensation is awarded under section 185, any right of action the applicant may have against the escaper is subro- gated,— (a) (6) subject to paragraph (b), if, at the time the escaper es- caped, the escaper was a prisoner of a contract prison, to the contractor responsible for managing that prison: despite paragraph (a), if, at the time the escaper escaped, the escaper was under the control of a security officer, to the security contractor by whom that security officer was employed at the time: in any other case, to the Crown.
(b) (c) Compare: 1954 No 51 s 41A(3)–(7), (9) (2) 187 Notification and payment of compensation (1) The Registrar of a court making any award of compensation under section 185 must notify the chief executive of the award.
The amount of any compensation awarded by any court under section 185 must be paid,— (a) if, at the time the escaper escaped, the escaper was a prisoner of a contract prison, by the contractor respon- sible for managing that prison: 161 Part 2 s 188 Corrections Act 2004 Reprinted as at 1 July 2009 (b) (c) despite paragraph (a), if, at the time the escaper escaped, the escaper was under the control of a security officer, by the security contractor by whom that security officer was employed at the time: in any other case, out of a Crown Bank Account from money appropriated by Parliament for the purpose.
Compare: 1954 No 51 s 41A(8), (10) Section 187(2)(c): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).
188 Hearing of claims (1) If an application for compensation is made under section 185 in respect of any loss of, or damage to, property, the District Court must consider any representations made by, or on be- half of, the applicant and, unless, in his or her application, the applicant objects, may make any inquiries that it considers ap- propriate about— (a) (b) the circumstances surrounding the loss or damage; and the nature or extent of the loss or damage or expenses incurred or about any other matter to which the appli- cation relates.
If, on any inquiry, it appears to the court that the application is one in respect of which an order for the payment of compen- sation should be made, it may— (a) determine the amount of compensation to be awarded; and (b) with the prior consent of the applicant, make an order for payment of compensation in accordance with that determination.
If no order is made under subsection (2), the court must, on application,— (a) fix a time and place for the hearing of the application for compensation; and ensure that notice of the hearing is given to the appli- cant; and determine the application for compensation on the evi- dence adduced at the hearing.
(b) (c) Compare: 1954 No 51 s 41B(1)–(3) (2) (3) 162 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 189A 189 Procedure, evidence, and appeals (1) On the hearing of any application under section 185, the ap- plicant is entitled to appear and be heard, either in person or by his or her lawyer.
The court may receive in evidence any statement, document, information, or matter that may, in its opinion, assist it to deal effectively with the matters before it (whether or not it would be otherwise admissible in a court of law).
(2) (3) Without limiting the generality of subsection (2), the court may receive in evidence— (a) any notes of evidence or depositions taken at any trial of the escaper in respect of any alleged offence arising out of the act or omission on which a claim under section 185 is based; or any notes of evidence taken in any civil proceedings arising out of that act or omission.
(b) (4) There is no right of appeal against a determination of a District Court under section 185 or this section, except by way of an appeal to the High Court on a point of law.

Compare: 1954 No 51 s 41B(4)–(7) Detection, interception, etc, of radiocommunications within prison boundaries Heading: inserted, on 3 April 2009, by section 34 of the Corrections Amend- ment Act 2009 (2009 No 3).
189A Interpretation In this section and sections 189B and 189C, unless the context otherwise requires,— harmful interference has the meaning given to it in section 2(1) of the Radiocommunications Act 1989 interference has the meaning given to it in section 2(1) of the Radiocommunications Act 1989 radiocommunications has the meaning given to it in section 2(1) of the Radiocommunications Act 1989 unauthorised electronic communication— (a) means any electronic communication made in contra- vention of section 141A(1)(a); and 163 Part 2 s 189B Corrections Act 2004 Reprinted as at 1 July 2009 (b) includes any electronic communication received on an electronic communication device that the prisoner uses or possesses in contravention of that section.
Section 189A: inserted, on 3 April 2009, by section 34 of the Corrections Amendment Act 2009 (2009 No 3).
189B Detection, interception, etc, of radiocommunications within prison boundaries For the purpose of stopping or preventing unauthorised elec- tronic communications to or from prisoners within prison boundaries, and the delivery, possession, or use of electronic communication devices by any person in contravention of section 141,— (a) any person authorised by the chief executive for the pur- pose of this section may use any equipment or device to detect, intercept, monitor, disable, disrupt, or inter- fere with radiocommunications within prison bound- aries; but no interference may be made under this section that would result in harmful interference outside prison boundaries.
(b) Section 189B: inserted, on 3 April 2009, by section 34 of the Corrections Amendment Act 2009 (2009 No 3).

189C Recordings of unauthorised communications If a prison manager believes on reasonable grounds that an unauthorised electronic communication contains information relating to the commission or attempted commission of an offence, a record of that communication may be made and given— (a) (b) to an enforcement officer: to the chief executive or any other employee of the de- partment.
Section 189C: inserted, on 3 April 2009, by section 34 of the Corrections Amendment Act 2009 (2009 No 3).
164 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 190 Annual report of department 190 Matters to be included in annual report (1) The department’s annual report under section 43 of the Public Finance Act 1989 must— (a) (b) (c) (d) (e) include a report on the way in which the chief executive has carried out his or her functions under section 8(1)(k) and the way in which prison managers have undertaken their functions under section 12(d), during the year to which the report relates; and include a report on the work undertaken by inspectors of corrections during the year to which the report relates which includes— (i) statistical information about the disposition of complaints made by persons under control or supervision during that period: comment on issues arising out of complaints or visits during that period; and (ii) describe the processes and systems in place during the year to which the report relates to supervise and control the monitoring of prisoner calls under this Act; and state, as an approximate proportion of the prisoner calls monitored (otherwise than merely by being recorded) during the year to which the report relates, the number of calls disclosed under section 117(1) and (2) to any person other than an employee of the chief executive or a contractor; and state,— (i) as an approximate proportion of the prisoner calls monitored (otherwise than merely by being recorded) during the year to which the report relates, the number of calls disclosed under sec- tion 117(1) and (2) to an employee of a chief executive or a contractor; and as an approximate proportion of those pris- oner calls disclosed, the number of proceedings against a prisoner for a disciplinary offence in which a recording of any of those calls was used in evidence; and (ii) (f) include a report on— 165 Part 2 s 190 Corrections Act 2004 Reprinted as at 1 July 2009 (i) (ii) (iii) the measures taken to reduce drug and alcohol use by prisoners: the effectiveness of those measures: random-testing programmes, including a sum- mary of results of those programmes; and include a report on the operation of every security con- tract that was in force for the whole, or any part, of the year to which the annual report relates; and include a report on the operation of every contract prison that was in operation for the whole or any part of the year to which the annual report relates.
(g) (h) (2) Without limiting subsection (1)(g), every report referred to in that paragraph must include— a summary of— (a) (i) the reports forwarded to the chief executive under section 171(2) or (3) (and, if applicable, the re- ports forwarded under section 36ZC(2) or (3) of the Penal Institutions Act 1954); and the reports made to the chief executive under sec- tion 172(2)(b) (and, if applicable, the reports, if any, made under section 36ZD(2)(b) of the Penal Institutions Act 1954)— (ii) (b) during the year to which the annual report relates; and a summary of any actions taken, during that year, in re- lation to the operation of security contracts as a result of any matters raised in any report so forwarded or made, whether during that year or any previous year.
(3) Without limiting subsection (1)(h), every report referred to in that paragraph must include— a summary of— (a) (i) the reports forwarded to the chief executive under section 214(2) or (3) (and, if applicable, the re- ports forwarded to the chief executive under sec- tion 4F(2) or (3) of the Penal Institutions Act 1954); and the reports made to the chief executive under section 215(2)(b) (and, the re- ports made to the chief executive under section 4G(2)(b) of the Penal Institutions Act 1954)— if applicable, (ii) 166 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 191 (b) during the year to which the annual report relates; and a summary of any actions taken, during that year, in re- lation to the management of contract prisons as a re- sult of any matters raised in any report so forwarded or made, whether during that year or any previous year.
Compare: 1954 No 51 ss 4K, 36ZI Section 190(1): amended, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 190(1)(b)(i): amended, on 15 December 2005, by section 5 of the Cor- rections Amendment Act 2005 (2005 No 97).
Requisitioning of land and buildings for use as temporary corrections prisons 191 Requisitioning powers This section applies if— (1) (a) (b) a state of emergency is in force under the Civil Defence Emergency Management Act 2002 or there is an emer- gency (within the meaning of section 4 of that Act); and in the opinion of the Minister the action authorised by this section is necessary for the safe custody and welfare of prisoners because 1 or more prisons are unable to operate as a prison as a result of the state of emergency or emergency as the case may be.
(2) (3) (4) (5) The Minister may direct the owner or person for the time be- ing in control of any land or building, to immediately place that property (requisitioned property) under the control and direction of the Minister or a person authorised by the Minis- ter.

The Minister must give to the owner or person in charge of the requisitioned property a written statement specifying the prop- erty that is requisitioned and the person under whose control the property is to be placed.
If the owner or person for the time being in control of any property that may be requisitioned under this section cannot be immediately found, the Minister, or a person authorised by the Minister, may assume immediately the control and direction of the requisitioned property.
If a person assumes the control and direction of requisitioned property under subsection (4), that person must ensure that, 167 Part 2 s 192 Corrections Act 2004 Reprinted as at 1 July 2009 as soon as is reasonably practicable in the circumstances, a written statement specifying the property that has been requi- sitioned and the person under whose control it has been placed is given to the owner or person formerly in charge of the requi- sitioned property.
The owner or person in control of any property immediately before it is requisitioned under this section must provide the person exercising the power under this section with any assist- ance that the person may reasonably require for the effective and safe use of that property.

(6) (7) Any land or building that is subject to a direction under this section may only be used as a prison in accordance with a declaration under section 32(4).
Compare: 2002 No 33 s 90 192 Direction not to be inconsistent with applicable civil defence emergency management plan No direction may be given under section 191 that is inconsist- ent with the provisions of any applicable civil defence emer- gency management plan (within the meaning of section 4 of the Civil Defence Emergency Management Act 2002) that is in force at the time the direction is given.
193 Compensation if property requisitioned (1) Subsection (2) applies if any requisitioned property has come under the control of the Minister or a person authorised by the Minister, while acting under section 191.
There is payable, on application by any person having an in- terest in the requisitioned property, out of money appropriated by Parliament, reasonable compensation for— (a) the use of that requisitioned property while under that control; and any loss of or damage to that requisitioned property suf- fered or incurred while under that control.
(b) In determining the amount of compensation payable under this section for any loss of, or damage to, requisitioned property, any amount that the person having an interest in the property (2) (3) 168 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 194 (4) (5) has recovered or is likely to recover, under a contract of insur- ance or by any other means, must be taken into account.
If there is any dispute as to the entitlement of any person to compensation under this section, or as to the amount of the compensation, or as to the liability of the Crown or other per- son to pay the compensation, the matter may be determined by a court of competent jurisdiction.
For the purposes of this section the Minister, or a person au- thorised by the Minister, ceases to be in control of a requisi- tioned property once a declaration is made in respect of that property by the Minister under section 32(5)(b).
Compare: 2002 No 33 s 107 194 Duties of chief executive (1) If any land or building is declared under section 32(4) to be a temporary corrections prison and prisoners are detained in that temporary corrections prison, the chief executive must— (a) during the state of emergency or emergency, as the case requires, and wherever and to the extent practicable, promptly transfer the prisoners detained in that tempor- ary corrections prison to another prison (other than a temporary corrections prison) in which they may law- fully be held; and in any event, within a reasonable time after the end of the state of emergency or emergency, as the case re- quires, transfer any prisoners detained in that temporary corrections prison who have not been transferred under paragraph (a) to another prison (other than a temporary corrections prison) in which they may lawfully be held.
(2) Once all prisoners detained in a temporary corrections prison have been transferred to another prison the chief executive must— (a) (b) promptly give the Minister a notice stating that the land or buildings in question which have been requisitioned under section 191 are no longer required as a temporary corrections prison, unless the chief executive is satisfied that the land and buildings will continue to be needed for use as a temporary corrections prison; and 169 Part 2 s 195 Corrections Act 2004 Reprinted as at 1 July 2009 (b) where a declaration is made under section 32(5)(b), en- sure that as soon as is reasonably practicable in the cir- cumstances, a written statement of the making of that declaration and its effect is given to the owner or person formerly in charge of the land or buildings in question.
195 Protection from liability (1) There is no cause of action against the Crown, or an officer or employee or Minister of the Crown, or against any other person, to recover damages for any loss or damage that is due directly or indirectly to any action taken under section 191 or section 194, except as provided in section 193.
Subsection (1) applies whether the loss or damage is caused by any person taking any action or failing to take any action, so long as the act or omission occurred in the exercise or perform- ance of his or her functions, duties, or powers under sections 32(4) to (6), or section 191, or section 194.

(2) (3) No person is exempted from liability under subsection (1) for any act or omission to act that constitutes bad faith or gross negligence on the part of that person.
(4) Nothing in this section prevents the Crown from making any ex gratia payment it considers justifiable on the basis of hard- ship or fairness.
Compare: 2002 No 33 ss 109(9), 110 Chief executive and Commissioner of Police may issue guidelines and instructions 196 Chief executive and Commissioner of Police may issue guidelines and instructions The chief executive may issue or provide to staff members of corrections prisons (other than contract prisons), employees of the department supervising community work, probation offi- cers, other employees of the department, persons under con- trol or supervision, other persons visiting corrections prisons or community work centres, contractors, or security contrac- tors— (a) guidelines on the exercise of powers under this Act or any regulations made under this Act: (1) 170 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 197 (b) (c) instructions or guidelines relating to procedures to be followed or standards to be met— (i) in the management of corrections prisons, com- munity work centres, or probation offices: by security contractors in relation to the provi- sion of courtroom custodial services and escort services: (ii) information about official policy and guidance on the interpretation of provisions of this Act, the Sentencing Act 2002, the Parole Act 2002, or any regulations made under any of those Acts.
(2) The Commissioner of Police may issue or provide to staff members of Police jails, employees of the Police, and other persons visiting those prisons— (a) guidelines on the exercise of powers under this Act or regulations made under this Act: instructions or guidelines relating to procedures to be followed or standards to be met in the management of Police jails: information about official policy and guidance on the interpretation of provisions of this Act, the Sentencing Act 2002, the Parole Act 2002, or any regulations made under any of those Acts.
(b) (c) (3) Instructions issued under subsection (1)(b) or subsection (2)(b) may not impose obligations on any person other than contractors, security contractors, employees of contractors or security contractors, employees of the department, employees of the Police, or staff members of prisons.

Royal prerogative not affected 197 Royal prerogative not affected Nothing in this Act limits or affects in any way the Royal pre- rogative of mercy.
Compare: 1954 No 51 s 46 171 Part 2 s 198 Corrections Act 2004 Reprinted as at 1 July 2009 Management of prisons 198 No new management contracts may be entered into No person may, on behalf of the Crown, enter into any contract with any person for the management, by that person instead of the Crown, of any prison.
199 Who may manage prison No prison may be managed by any person except— (a) (b) the Crown; or a person who, under a management contract entered into under section 4A of the Penal Institutions Act 1954 be- fore the commencement of this section, is required to manage a prison.
Regulations 200 Regulations (1) The Governor-General may, by Order in Council, make regu- lations— (a) prisons: community work centres: the corrections system generally: ensuring the good management of— (i) (ii) (iii) prescribing the powers and functions of— (i) (ii) (iii) staff members of prisons: probation officers: employees of the department supervising offend- ers undergoing community work: security officers: controlling officers of probation areas: (iv) (v) ensuring the safe custody of prisoners: providing for the management, care, treatment, well-be- ing, and reintegration into the community of the follow- ing persons: prisoners: (i) (ii) other persons under control or supervision: regulating the provision, and carrying out, of courtroom custodial services or escort services, or both: (b) (c) (d) (e) 172 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 201 (f) (g) prescribing fees, or the method of determining fees, to be paid to any class or classes of Visiting Justice ap- pointed under section 19(2): providing for any other matters contemplated by the Act, necessary for its administration, or necessary for giving it full effect.
(2) Without limiting the generality of subsection (1), any regula- tions made under this Act may apply— (a) (b) (c) generally in respect of all prisons or in respect of any specified prison or in respect of prisons of any specified class or classes: generally in respect of all community work centres or in respect of any specified work centre or in respect of community work centres of any specified class or classes: generally in respect of all persons (whether persons under control or supervision, staff members at any prison, employees of the department supervising offenders undergoing community work, probation offi- cers, security officers, contractors, security contractors, independent contractors, visitors, or any other person) or in respect of persons or office holders of any speci- fied class or classes.
Compare: 1954 No 51 s 45 Section 200(1)(b)(v): added, on 15 December 2005, by section 6 of the Correc- tions Amendment Act 2005 (2005 No 97).
201 Regulations relating to good management of corrections system Regulations made under section 200(1)(a) may include (with- out limitation) provisions— (a) regulating the admission of prisoners to prisons and their discharge from prisons: regulating the visiting of prisoners including (without limitation)— (i) requiring members of the public or any specified class of persons to obtain approval from the chief executive before visiting prisoners: (b) 173 Part 2 s 202 Corrections Act 2004 Reprinted as at 1 July 2009 (ii) providing for the restriction or prohibition of any visiting by any specified class of person or per- sons (for example, unaccompanied children aged under 16 years), by the chief executive or a prison manager: regulating the opening of bank accounts into which pris- oners’ money may be deposited, regulating the oper- ation of those accounts (including deposits and with- drawals or other payments), and the closing of those ac- counts: ensuring the discipline of prisoners, including (with- out limitation) regulating the granting and loss of priv- ileges, regulating the laying of complaints relating to offences against discipline, and prescribing the proced- ures for the hearing of those complaints: prescribing procedures to be used for the purposes of dealing with complaints: providing for the inspection of prisons, community work centres, probation offices, and other places where offenders are undertaking work or training.
(c) (d) (e) (f) Compare: 1954 No 51 s 45(1) 202 Regulations relating to safe custody of prisoners Regulations made under section 200(1)(c) may include (with- out limitation) provisions— (a) regulating the separation of prisoners, including (with- out limitation) provisions requiring the separation of— (i) (ii) accused and convicted persons: accused and convicted persons who are under a specified age from persons of that kind who are of or over that age, except in circumstances spe- cified in the regulations: (b) (c) (iii) male and female prisoners: regulating communication with, and the visual record- ing of, prisoners: regulating the photographing of prisoners and the taking of measurements and fingerprints, and prescribing other identification procedures: 174 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 202 (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) regulating the holding of prisoners’ property in prisons generally and, in particular, liability in respect of the loss of, damage to, or destruction of such property, and the seizure, disposal, or return of— (i) property found in the possession of a prisoner on his or her admission to a prison, or brought into a prison after a prisoner’s admission: any thing discovered as a result of any search conducted under this Act: (ii) regulating the standards of accommodation to be pro- vided to prisoners or any class of prisoner, and the fa- cilities to be provided or not provided: regulating the security classification of prisoners: regulating the conditions of prisoners whose opportun- ity to associate with other prisoners is restricted or de- nied under section 58 or section 59 or section 60: regulating the transfer of prisoners: prescribing classes of prisoners who may be temporar- ily released from custody or temporarily removed from prison under section 62, prescribing the purposes for which prisoners may be released or removed under that section, and regulating the release and removal of pris- oners under that section: regulating the use and reporting of
 the use of force, au- thorising and regulating the use and reporting of the use of specified kinds of mechanical restraints in particular circumstances, and authorising and regulating the use of and reporting of the use of specified kinds of non-lethal weapons: regulating x-ray searches: prescribing 1 or more types of procedure to which a prisoner may be required to submit, under section 124, for the purpose of detecting whether or not the prisoner has used drugs, consumed alcohol, or both: regulating those procedures, including (without limita- tion)— (i) (ii) prescribing how procedures may be carried out: prescribing how any samples obtained from pro- cedures may be analysed, stored, or both: 175 Part 2 s 203 Corrections Act 2004 Reprinted as at 1 July 2009 (iii) (iv) providing for the disposal of samples obtained from a prescribed procedure: regulating access to, and the use and disclos- ure of, information obtained from the analysis of such samples, and providing for the destruction of such information: (n) providing for random-testing programmes, including (without limitation)— (i) prescribing the purposes for which random-test- ing programmes may be established: prescribing the principles under which random- testing programmes must operate: prescribing standards that random-testing pro- grammes must meet: prescribing specifications for random-testing limitation) programmes, defining the class of prisoners to which the pro- gramme applies, and specifying the frequency of testing and the percentage of prisoners to be tested: providing for the general administration of ran- dom-testing programmes.
including (without (ii) (iii) (iv) (v) Compare: 1954 No 51 s 45(1) 203 Regulations relating to treatment of prisoners Regulations made under section 200(1)(d) may include (with- out limitation) provisions— (a) requiring different regimes for different classes of pris- oners (for example, provisions designed to ensure the safety and welfare of young persons in prisons or per- sons detained solely as a consequence of a warrant or other order issued under the Immigration Act 1987): requiring persons detained solely as a consequence of a warrant or other order issued under the Immigration Act 1987 to be treated as a prisoner on remand for the purposes of any specified provision: regulating the period during which the babies of female prisoners may be allowed to remain with their mothers (b) (c) 176 Reprinted as at 1 July 2009 Corrections Act 2004 Part 2 s 208 (d) (e) (f) (g) in prison, and prescribing conditions relating to their care: regulating the appearance of prisoners (including the clothing to be worn by prisoners and the cutting of pris- oners’ hair): regulating the employment of prisoners, including their hours of work and the application or payment of earn- ings: authorising the removal of jewellery (including earrings and studs attached to any part of the body) for reasons of safety, security, or hygiene: authorising prisoners to communicate using any speci- fied device or medium of communication, and regulat- ing that communication.
Compare: 1954 No 51 s 45(1) Amendment to Immigration Act 1987 204 New section 141AC inserted Amendment(s) incorporated in the Act(s).

Amendment to Privacy Act 1993 205 Amendments to Privacy Act 1993 Amendment(s) incorporated in the Act(s).

Other amendments and repeals 206 Acts amended The Acts set out in Schedule 2 are amended in the manner set out in that schedule.

207 Regulations amended The regulations set out in Schedule 3 are amended in the man- ner set out in that schedule.
208 Repeals and revocations (1) (2) The enactments set out in Part 1 of Schedule 4 are repealed.

The regulations set out in Part 2 of Schedule 4 are revoked.
177 Part 3 s 209 Corrections Act 2004 Reprinted as at 1 July 2009 Part 3 Transitional provisions Management of prisons under contract 209 Existing management contracts must not be extended (1) No person may, on behalf of the Crown, agree to the extension of the term of any management contract entered into under section 4A of the Penal Institutions Act 1954 under which a contractor is required to manage a prison.
Subsection (1) does not prevent the chief executive from en- tering into any contract (including a contract of employment) necessary to give effect to the obligations of the Crown under any contract for the management of a prison that was in force immediately before the commencement of this Act.
(2) 210 Delegation of powers and functions of contractor Without limiting sections 41 and 42 of the State Sector Act 1988, but subject to section 10 of this Act, those sections of that Act apply in relation to a contract prison as if— (a) the contractor were the chief executive of the depart- ment; or each staff member of the prison were an employee of the department.
Compare: 1954 No 51 s 3A (b) 211 References in existing management contracts altered Every management contract entered into under section 4A of the Penal Institutions Act 1954 that is in force immediately before the commencement of this section continues in force, on and after the commencement of this section, subject to the following modifications: (a) every reference to the Secretary must be read as a refer- ence to the chief executive of the department: every reference to a penal institution or an institution must be read as a reference to a prison: every reference to operational standards or to national corrections systems must be read as a reference to in- structions or guidelines issued by the chief executive under section 196: (b) (c) 178 Reprinted as at 1 July 2009 Corrections Act 2004 Part 3 s 213 (d) (e) every reference to systems established pursuant to sec- tion 17A of the Penal Institutions Act 1954 must be read as a reference to systems established to implement the requirements of sections 47 and 48 of this Act: any provision enabling the term of the contract to be extended ceases to have effect.
212 Liability of contractor (1) The Crown is entitled to be indemnified by a contractor— (a) against any claim arising out of any act or omission of the contractor or the contractor’s employees or agents and for which the Crown is held liable (in whole or in part); and for any act or omission of the contractor or the contrac- tor’s employees or agents that results in damage to, or loss of, any property of the Crown.
(b) (2) 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 contractor’s employees or agents are to be treated as agents of the Crown.
Compare: 1954 No 51 s 4C 213 Subcontractors (1) A contractor may subcontract any of its management responsi- bilities under a management contract only with the prior writ- ten approval of the chief executive and only to the extent per- mitted by an approval of that kind.

(3) (2) An approval granted by the chief executive under subsection (1) may be granted subject to any conditions that the chief executive thinks fit.
If, with the approval of the chief executive, any management responsibility of a contractor under a management contract is subcontracted to any person, the provisions of this Act, of any regulations made under this Act, and of any instructions or guidelines issued under section 196, in so far as those pro- visions relate to that management responsibility, apply to the subcontractor as if that subcontractor were the contractor.
Compare: 1954 No 51 s 4E 179 Part 3 s 214 Corrections Act 2004 Reprinted as at 1 July 2009 214 Reporting responsibilities (1) If there is any variation of the controlling interests in a contrac- tor, that contractor must promptly give notice of that variation to the chief executive and to the monitor appointed in respect of that prison under section 215(1).
The manager of a contract prison must, at any intervals (not exceeding 3 months) that are determined by the chief execu- tive, arrange for written reports on the following matters to be prepared and forwarded to the chief executive and to the moni- tor appointed in respect of that prison under section 215(1): (a) violence against any person; or self-inflicted injuries to prisoners of the prison: the training provided to staff members of the prison (in- cluding the amount and quality of that training), and the level of training achieved by those staff members: the number and nature of complaints made by prisoners at the prison, and how those complaints were resolved: the number and nature of any incidents in the prison involving— (i) (ii) the programmes provided for prisoners at the prison, and the extent of attendance at, and completion of, those programmes by prisoners: the compliance, by staff members of the prison, with the requirements of sections 83, 84, 85, 87, and 88: the exercise, by officers of the prison, of the powers conferred by sections 98 to 101: the number and nature of— (i) any disciplinary proceedings taken against pris- oners at the prison; and any disciplinary actions taken against staff mem- bers of the prison: (ii) the reasons for, and outcomes of, disciplinary proceed- ings or disciplinary actions, including any penalties im- posed: the operation of random-testing programmes in the prison: any matters relating to the financial management of the prison that the chief executive from time to time de- (b) (c) (d) (e) (f) (g) (h) (i) (j) (2) 180 Reprinted as at 1 July 2009 Corrections Act 2004 Part 3 s 215 (3) (k) termines, which may include the provision of financial forecasts and audited accounts: any other matters in respect of which the chief execu- tive reasonably considers that information is necessary to enable the chief executive to carry out his or her re- sponsibilities under this Act or any other enactment.
The manager of a contract prison must, promptly after the oc- currence in that prison of any of the following, namely,— any escape or attempted escape by a prisoner: (a) (b) the death of a prisoner,— arrange for a written report on that occurrence to be prepared and forwarded to the chief executive and to the designated monitor appointed in respect of that prison under section 215(1).
(4) Nothing in subsections (1) to (3) limits any other duty to re- port that is imposed by or under any management contract or by or under any other provision of this Act or of any other en- actment.

Compare: 1954 No 51 s 4F 215 Monitors (1) (2) The chief executive must appoint under the State Sector Act 1988 as many monitors as are required for the purposes of this Act and each monitor must be appointed in respect of a particular contract prison.
The monitor appointed in respect of a contract prison— (a) is responsible to the chief executive for the assessment and review of the management of that prison; and (b) must report to the chief executive, at the intervals (not exceeding 3 months) that the chief executive deter- mines, and at any other time that the monitor considers appropriate, on— (i) (ii) whether or not the contractor responsible for the management of that prison is complying with that contractor’s management contract and with the provisions of this Act or any regulations or in- structions issued under section 196 and is taking into account any guidelines, under section 196. the management of that prison; and 181 Part 3 s 216 Corrections Act 2004 Reprinted as at 1 July 2009 (4) (3) A monitor may, at any time that he or she considers appro- priate, make recommendations to the chief executive on any matters relating to the contract prison in respect of which the monitor is appointed.
The office of monitor may be combined with any other office, appointment, or position if the chief executive is satisfied that the duties of that other office, appointment, or position are not incompatible with the duties of a monitor.

The person who, immediately before the commencement of this section, was designated as a monitor in respect of the Auckland Central Remand Prison is deemed, on the com- mencement of this section, to have been appointed under subsection (1) as the monitor of that prison.
Compare: 1954 No 51 s 4G (5) 216 Accommodation and access (1) (2) Every contractor must ensure that there is available in the con- tract prison managed by that contractor suitable office accom- modation for use by a monitor.
Every contractor must ensure that any monitor has free and unfettered access at all times to— (a) every part of the contract prison managed by that con- tractor; and all prisoners in that prison; and all persons who work in that prison, but only when they are actually in the prison; and all records held by the contractor and that relate to— (i) (ii) (iii) that prison; or any prisoner or former prisoner; or any staff member or former staff member of that prison.
(b) (c) (d) (3) Despite subsection (2), a monitor must not be given access to the medical records of any person unless that person consents to that access.
Compare: 1954 No 51 s 4H 182 Reprinted as at 1 July 2009 Corrections Act 2004 Part 3 s 217 217 Monitors to report on certain matters (1) Without limiting section 215(2), a monitor appointed in re- spect of a contract prison under section 215(1) must, for the purposes of the report under section 215(2)(b), review the fol- lowing matters: (a) determinations made under Part 1 of the Parole Act 2002 of— (i) the start date, expiry date, non-parole period, and release date of sentences; and the parole eligibility date and statutory release date of offenders: (ii) (b) (c) (d) (e) (f) calculations made under Part 1 of the Parole Act 2002 of how much time an offender has served under a sentence of imprisonment, including records and determinations of how much time an offender has spent in pre-sentence detention: reports made by the manager of the prison for the pur- poses of section 43(1) of the Parole Act 2002: in respect of sections 57 to 61,— (i) compliance by officers of that prison with the requirements of those sections; and if any power or duty of the chief executive under those sections has been delegated to any officer or officers of that prison, the performance of that power or duty: (ii) work undertaken by prisoners at the direction of the prison manager under section 66: decisions made by the prison manager (whether or not under delegated authority) under— (i) sections 53 and 54 (which relate to the transfer of prisoners); and sections 62 to 64 (which relate to the temporary release from custody of prisoners and the tempor- ary removal of prisoners from prison): (ii) (g) (h) decisions of officers of the prison to apply, under section 45 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, for an assessment of a prisoner: the procedures in place to assess— 183 Part 3 s 218 Corrections Act 2004 Reprinted as at 1 July 2009 (i) (ii) the suitability of persons for appointment or engagement under section 11(2) and (4) in the prison; and the ongoing suitability of persons so appointed or engaged: (i) the matters in respect of which the monitor is entitled to receive a report under section 214(2) or (3).
(2) Without limiting section 215(2), a monitor appointed in re- spect of a contract prison under section 215(1) may, at the re- quest of the chief executive or on the monitor’s own initiative, investigate any matter relating to that prison, or any prisoner in that prison, and report to the chief executive the results of that examination.
Compare: 1954 No 51 s 4I 218 Control of contract prison 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 prison an emergency affecting the safety or health of the prisoners or any class or group of prisoners, or the security of the prison; or there is an imminent threat of such an emergency; and (ii) (b) that the contractor responsible for the management of that prison 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 management of the contract prison 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 prison, all the powers, functions, and duties that would otherwise be exercisable or performed by the contrac- tor: has all other powers that are necessary or desirable.
(2) (b) 184 Reprinted as at 1 July 2009 Corrections Act 2004 Part 3 s 219 (3) If the chief executive takes over the management of a contract prison under this section, the chief executive must immedi- ately 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 executive (whether under the management contract or other- wise), 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 management con- tract, 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 management con- tract or otherwise; or any liability of the contractor under the management contract or otherwise.
(b) (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- 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: 1954 No 51 s 4J 219 Variation to management contracts to be presented to House of Representatives Within 12 sitting days after a management contract is varied, the Minister must present a copy of the terms of that variation to the House of Representatives.
Compare: 1954 No 51 s 4L 185 Part 3 s 220 Corrections Act 2004 Reprinted as at 1 July 2009 220 Release of prisoner information to contract prisons For the purposes of enabling any staff member of a contract prison to exercise or perform any of his or her powers, duties, or functions, any staff member of a contract prison may have access to any information that is held (or deemed for the pur- poses of the Official Information Act 1982 to be held) by the department and that relates to any prisoner.
Compare: 1954 No 51 s 41G Provision of escort services or courtroom custodial services under contract 221 References in existing contracts for provision of escort services, courtroom custodial services, or both Every contract entered into under section 36G of the Penal Institutions Act 1954 for the provision of escort services or courtroom custodial services, or both, that is in force imme- diately before the commencement of this section continues in force, on and after the commencement of this section, subject to the following modifications: (a) (b) (c) (d) every reference to the Secretary must be read as a refer- ence to the chief executive of the department: every reference to a penal institution or an institution must be read as a reference to a prison: every reference to security operational standards or to national corrections systems must be read as a reference to instructions or guidelines issued by the chief execu- tive under section 196: the contract must be treated for the purposes of this Act and any other enactment as a contract entered into under section 166.
Compensation for property damage by escapers 222 Proceedings brought under sections 41A and 41B of Penal Institutions Act 1954 Any proceedings brought under sections 41A and 41B of the Penal Institutions Act 1954 but not determined before the com- mencement of this section must be continued and completed under sections 185 to 189 of this Act.
186 Reprinted as at 1 July 2009 Corrections Act 2004 Part 3 s 225 223 Existing rules preserved Rules preserved Any rules made by a superintendent of a penal institution under section 7(1) of the Penal Institutions Act 1954 that are in force immediately before the commencement of this section are, on the commencement of this section, deemed to have been made by the manager of that prison under section 33 of this Act.
Directions restricting right to associate continue in effect 224 Directions restricting right to associate to continue (1) Any direction given under section 7(1A) of the Penal Institu- tions Act 1954 that is in force immediately before the com- mencement of this section— (a) continues in force on and after the commencement of this section in accordance with section 7(1C) of that Act; and (b) may be revoked under section 7(1B) of that Act.
(2) Despite subsection (1)(a) every direction given under section 7(1A) of the Penal Institutions Act 1954 that is still in force on the day that is 3 months after the date on which this section comes into force expires at the close of that day.
Security classifications of prisoners continue in effect 225 Existing security classifications to continue Every security classification assigned to an inmate under sec- tion 17A of the Penal Institutions Act 1954 that is in place immediately before the commencement of this section is, on the commencement of this section, deemed to be assigned to that prisoner under section 47 of this Act; but despite section 48(1) of this Act it is not necessary to inform the prisoner of the classification continued by this section.
187 Part 3 s 226 Corrections Act 2004 Reprinted as at 1 July 2009 Appointments 226 Superintendents deemed to be prison managers Every person who, immediately before the commencement of this section, holds office as a superintendent of a penal institu- tion is, on the commencement of this section, deemed to have been appointed, under section 11(1), (2), or (3) as the case re- quires, as the manager of that prison.
227 Inspectors deemed to be inspectors of corrections Every person who, immediately before the commencement of this section, holds office as an Inspector of Penal Institutions is, on the commencement of this section, deemed to have been appointed, under section 28, as an inspector of corrections.
(2) 228 Most other appointments preserved (1) This section applies to any person (other than a Visiting Justice who is not a Judge) who, immediately before the commence- ment of this section, holds office (including a position of any kind) as a consequence of any appointment, engagement, or designation under the Criminal Justice Act 1985 or the Penal Institutions Act 1954.
Every person to whom this section applies is, on the com- mencement of this section, deemed to have been appointed to, or engaged or designated as the holder of, the office referred to in subsection (1)— (a) under the provision of this Act that, with or with- out modification, corresponds to the provision in the Criminal Justice Act 1985, or the Penal Institutions Act 1954, that it replaces; and on the same terms and conditions that applied immedi- ately before the commencement of this section.
(b) (3) (4) This section is subject to sections 226 and 227.

This section does not limit section 21 of the Interpretation Act 1999.

229 Certain Visiting Justices cease to hold office (1) Every person (other than a Judge) who, immediately before the commencement of this section, holds office as a Visiting 188 Reprinted as at 1 July 2009 Corrections Act 2004 Part 3 s 231 Justice ceases to hold that office on the commencement of this section.
(2) No person is entitled to compensation for loss of office as a Visiting Justice under subsection (1).

Release or removal under Penal Institutions Act 1954 230 Persons released under section 21 of Penal Institutions (1) (2) Act 1954 This section applies to any person who, immediately before the commencement of this section, was at large following his or her temporary release from custody under section 21 of the Penal Institutions Act 1954.
Every person to whom this section applies is, on the com- mencement of this section,— (a) deemed to have been temporarily released from custody under section 62 of this Act, subject to any conditions imposed on that release under section 21 of the Penal Institutions Act 1954; and subject to section 63, which applies with any necessary modifications.
(b) 231 Directions given under section 21A of Penal Institutions (1) (2) Act 1954 This section applies in respect of any direction under section 21A of the Penal Institutions Act 1954 authorising the release of a person to engage in employment that is in force immedi- ately before the commencement of this section.
Every direction referred to in subsection (1) is, on and after the commencement of this section, deemed to be an authority for the temporary release of the person from custody under section 62, and the person— (a) may be temporarily released from custody under section 62 of this Act to engage in employment, subject to any conditions imposed on that release under section 21A of the Penal Institutions Act 1954: is subject to section 63, which applies with any neces- sary modifications.
(b) 189 Part 3 s 232 Corrections Act 2004 Reprinted as at 1 July 2009 232 Removal under section 27 or section 28 of Penal (1) (2) Institutions Act 1954 This section applies to any person who, immediately before the commencement of this section, was outside a prison as a consequence of his or her removal from prison under section 27 or section 28 of the Penal Institutions Act 1954.
Every person to whom this section applies is, on the com- mencement of this section,— (a) deemed to have been temporarily removed from prison under section 62 of this Act; and subject to the provisions of section 64 of this Act, which applies with any necessary modifications.
(b) Disciplinary offences 233 Sections 32 to 36 of Penal Institutions Act 1954 continue (1) (2) to apply to acts and omissions before commencement This section applies to any act or omission by a person before the commencement of this section that is alleged to constitute an offence under section 32 or section 32A of the Penal Insti- tutions Act 1954.
Every alleged offence to which this section applies may, on and after the commencement of this section, be dealt with under sections 32 to 36 of that Act, despite the repeal of those provisions by this Act, and sections 32 to 32A of the Penal In- stitutions Act 1954 continue to apply as if— (a) for every reference to Superintendent there were substi- tuted the words “prison manager”; and for every reference to inmate there were substituted the word “prisoner”.
(b) Drug and alcohol strategy 234 Drug and alcohol strategy issued under section 36B of Penal Institutions Act 1954 Any drug and alcohol strategy issued under section 36B of the Penal Institutions Act 1954 within 3 years of the date of the commencement of this section— (a) is deemed to have been issued under section 123 of this Act; but 190 Reprinted as at 1 July 2009 Corrections Act 2004 Part 3 s 235 (b) must be replaced with a new strategy issued under sec- tion 123 of this Act, within 5 years of the date on which the strategy was issued under section 36B of the Penal Institutions Act 1954.
Designations 235 Penal institutions deemed to be prisons and other (1) designation changes In any Act, regulation, rule, order, agreement, deed, instru- ment, application, notice, or other document of any kind in force at the commencement of this section, every reference to a penal institution must, unless the context otherwise requires, on the commencement of this section, be read as a reference to a prison.
(2) Any land or building that, immediately before the commence- ment of this section, is declared to be a penal institution under the Penal Institutions Act 1954 is— (a) (b) (c) deemed to be established under section 32 of this Act as a prison: if declared to be a prison under section 4 of the Penal Institutions Act 1954, deemed to be established under section 32 of this Act as a corrections prison: if declared to be a Police jail under section 4 of the Penal Institutions Act 1954, deemed to be established under section 32 of this Act as a Police jail.
(3) (4) In any Act, regulation, rule, order, agreement, deed, instru- ment, application, notice, or other document of any kind in force at the commencement of this section, every reference to a superintendent of a penal institution or the superintendent of a specified penal institution, must on the commencement of this section, unless the context otherwise requires, be read as a reference to a manager of a prison or the manager of the spe- cified prison, as the case may require.
In any Act, regulation, rule, order, agreement, deed, instru- ment, application, notice, or other document of any kind in force at the commencement of this section, every reference to an inspector of a penal institution must on the commencement 191 Part 3 s 235 Corrections Act 2004 Reprinted as at 1 July 2009 of this section, unless the context otherwise requires, be read as a reference to an inspector of corrections.
192 Reprinted as at 1 July 2009 Corrections Act 2004 Schedule 1 Schedule 1 Substantive amendments to Schedule 5 of Privacy Act 1993 s 205 Amendment(s) incorporated in the Act(s).

193 Schedule 2 Corrections Act 2004 Schedule 2 Amendments to other Acts Reprinted as at 1 July 2009 s 206 Alcoholism and Drug Addiction Act 1966 (1966 No 97) Amendment(s) incorporated in the Act(s).

Armed Forces Discipline Act 1971 (1971 No 53) Amendment(s) incorporated in the Act(s).
Bail Act 2000 (2000 No 38) Amendment(s) incorporated in the Act(s).

Burial and Cremation Act 1964 (1964 No 75) Amendment(s) incorporated in the Act(s).

Child Support Act 1991 (1991 No 142) Amendment(s) incorporated in the Act(s).

Children, Young Persons, and their Families Act 1989 (1989 No 24) Amendment(s) incorporated in the Act(s).

Commissions of Inquiry Act 1908 (1908 No 25) Amendment(s) incorporated in the Act(s).

Coroners Act 1988 (1988 No 111) Amendment(s) incorporated in the Act(s).
Courts Martial Appeals Act 1953 (1953 No 100) Amendment(s) incorporated in the Act(s).

Courts Security Act 1999 (1999 No 115) Amendment(s) incorporated in the Act(s).

Credit (Repossession) Act 1997 (1997 No 85) Amendment(s) incorporated in the Act(s).

194 Reprinted as at 1 July 2009 Corrections Act 2004 Schedule 2 Crimes Act 1961 (1961 No 43) Amendment(s) incorporated in the Act(s).

Crimes of Torture Act 1989 (1989 No 106) Amendment(s) incorporated in the Act(s).
Criminal Investigations (Bodily Samples) Act 1995 (1995 No 55) Amendment(s) incorporated in the Act(s).

Criminal Justice Act 1985 (1985 No 120) Amendment(s) incorporated in the Act(s).

Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115) Amendment(s) incorporated in the Act(s).

Criminal Records (Clean Slate) Act 2004 (2004 No 36) Amendment(s) incorporated in the Act(s).

District Courts Act 1947 (1947 No 16) Amendment(s) incorporated in the Act(s).
Electoral Act 1993 (1993 No 87) Amendment(s) incorporated in the Act(s).

Electricity Industry Reform Act 1998 (1998 No 88) Amendment(s) incorporated in the Act(s).

Extradition Act 1999 (1999 No 55) Amendment(s) incorporated in the Act(s).

Government Superannuation Fund Act 1956 (1956 No 47) Amendment(s) incorporated in the Act(s).

195 Schedule 2 Corrections Act 2004 Reprinted as at 1 July 2009 Government Superannuation Fund Amendment Act 1962 (1962 No 130) Amendment(s) incorporated in the Act(s).
Habeas Corpus Act 2001 (2001 No 31) Amendment(s) incorporated in the Act(s).

Health Act 1956 (1956 No 65) Amendment(s) incorporated in the Act(s).

Health and Disability Services (Safety) Act 2001 (2001 No 93) Amendment(s) incorporated in the Act(s).

Human Tissue Act 1964 (1964 No 19) Amendment(s) incorporated in the Act(s).

Immigration Act 1987 (1987 No 74) Amendment(s) incorporated in the Act(s).
Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49) Amendment(s) incorporated in the Act(s).

Intellectual Disability (Compulsory Care and Rehabilitation Act 2003 (2003 No 116) Amendment(s) incorporated in the Act(s).

International Crimes and International Criminal Court Act 2000 (2000 No 26) Amendment(s) incorporated in the Act(s).

International War Crimes Tribunal Act 1995 (1995 No 27) Amendment(s) incorporated in the Act(s).
Juries Act 1981 (1981 No 23) Amendment(s) incorporated in the Act(s).

196 Reprinted as at 1 July 2009 Corrections Act 2004 Schedule 2 Law Practitioners Act 1982 (1982 No 123) Amendment(s) incorporated in the Act(s).

Legal Services Act 2000 (2000 No 42) Amendment(s) incorporated in the Act(s).

Medicines Act 1981 (1981 No 118) Amendment(s) incorporated in the Act(s).

Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46) Amendment(s) incorporated in the Act(s).
Misuse of Drugs Act 1975 (1975 No 116) Amendment(s) incorporated in the Act(s).

Misuse of Drugs Amendment Act 1978 (1978 No 65) Amendment(s) incorporated in the Act(s).

Motor Vehicle Dealers Act 1975 (1975 No 127) Amendment(s) incorporated in the Act(s).

Mutual Assistance in Criminal Matters Act 1992 (1992 No 86) Amendment(s) incorporated in the Act(s).

Parole Act 2002 (2002 No 10) Amendment(s) incorporated in the Act(s).

Pitcairn Trials Act 2002 (2002 No 83) Amendment(s) incorporated in the Act(s).
Police Act 1958 (1958 No 109) Amendment(s) incorporated in the Act(s).

Privacy Act 1993 (1993 No 28) Amendment(s) incorporated in the Act(s).

197 Schedule 2 Corrections Act 2004 Reprinted as at 1 July 2009 Private Investigators and Security Guards Act 1974 (1974 No 48) Amendment(s) incorporated in the Act(s).

Residential Tenancies Act 1986 (1986 No 120) Amendment(s) incorporated in the Act(s).

Sale of Liquor Act 1989 (1989 No 63) Amendment(s) incorporated in the Act(s).
Sentencing Act 2002 (2002 No 9) Amendment(s) incorporated in the Act(s).

Smoke-free Environments Act 1990 (1990 No 108) Amendment(s) incorporated in the Act(s).

Social Security Act 1964 (1964 No 136) Amendment(s) incorporated in the Act(s).

Statistics Act 1975 (1975 No 1) Amendment(s) incorporated in the Act(s).

Summary Offences Act 1981 (1981 No 113) Amendment(s) incorporated in the Act(s).

Summary Proceedings Act 1957 (1957 No 87) Amendment(s) incorporated in the Act(s).
Te Ture Whenua Maori Act 1993 (1993 No 4) Amendment(s) incorporated in the Act(s).

Victims’ Rights Act 2002 (2002 No 39) Amendment(s) incorporated in the Act(s).

198 Reprinted as at 1 July 2009 Corrections Act 2004 Schedule 2 War Pensions Act 1954 (1954 No 54) Amendment(s) incorporated in the Act(s).
199 Schedule 3 Corrections Act 2004 Schedule 3 Regulations amended Reprinted as at 1 July 2009 s 207 Accident Insurance (“Counsellor”) Regulations 1999 (SR 1999/166) Amendment(s) incorporated in the regulations.

Arms Regulations 1992 (SR 1992/346) Amendment(s) incorporated in the regulations.

Bail Rules 2000 (SR 2000/248) Amendment(s) incorporated in the rules.

Child Support Rules 1992 (SR 1992/58) Amendment(s) incorporated in the rules.
Children, Young Persons, and Their Families Rules 1989 (SR 1989/295) Amendment(s) incorporated in the rules.

Domestic Violence Rules 1996 (SR 1996/148) Amendment(s) incorporated in the rules.

Extradition Regulations 1999 (SR 1999/238) Amendment(s) incorporated in the regulations.

Immigration Regulations 1999 (SR 1999/284) Amendment(s) incorporated in the regulations.

International War Crimes Tribunals Regulations 1995 (SR 1995/138) Amendment(s) incorporated in the regulations.
Parole Regulations 2002 (SR 2002/179) Amendment(s) incorporated in the regulations.

200 Reprinted as at 1 July 2009 Corrections Act 2004 Schedule 3 Private Investigators and Security Guards Regulations 1975 (SR 1975/188) Amendment(s) incorporated in the regulations.

Protection of Personal and Property Rights Rules 1988 (SR 1988/213) Amendment(s) incorporated in the rules.

Sentencing Regulations 2002 (SR 2002/178) Amendment(s) incorporated in the regulations.
Student Allowances Regulations 1998 (SR 1998/277) Amendment(s) incorporated in the regulations.

Summary Proceedings Regulations 1958 (SR 1958/38 and SR 1980/84) Amendment(s) incorporated in the regulations.

201 Reprinted as at 1 July 2009 s 208 Schedule 4 Corrections Act 2004 Schedule 4 Enactments repealed or revoked Part 1 Enactments repealed Coroners Act 1988 (1988 No 111) Amendment(s) incorporated in the Act(s).

Crimes Amendment Act (No 2) 1997 (1997 No 93) Amendment(s) incorporated in the Act(s).
Criminal Justice Act 1985 (1985 No 120) Amendment(s) incorporated in the Act(s).

Department of Justice (Restructuring) Act 1995 (1995 No 39) Amendment(s) incorporated in the Act(s).

Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96) Amendment(s) incorporated in the Act(s).

Health Practitioners Competence Assurance Act 2003 (2003 No 48) Amendment(s) incorporated in the Act(s).

Human Rights Amendment Act 2001 (2001 No 96) Amendment(s) incorporated in the Act(s).
Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49) Amendment(s) incorporated in the Act(s).

International Crimes and International Criminal Court Act 2000 (2000 No 26) Amendment(s) incorporated in the Act(s).

202 Reprinted as at 1 July 2009 Corrections Act 2004 Schedule 4 Part 1—continued Parole Act 2002 (2002 No 10) Amendment(s) incorporated in the Act(s).
Penal Institutions Act 1954 (1954 No 51) Part 2 Regulations revoked Penal Institutions Regulations 2000 (SR 2000/81) 203 Notes Corrections Act 2004 Reprinted as at 1 July 2009 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) General This is a reprint of the Corrections Act 2004.
The reprint incorporates all the amendments to the Act as at 1 July 2009, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that savings, or application provisions contain transitional, enactment, principal included, are in chronological order.

see For more information, http://www.pco.parliament.govt.nz/legislation/reprints.shtml.
after also the Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

of How reprints are prepared A number editorial in the preparation of enacting words provisions are that are repealed or conventions reprints.

not included followed are the For example, and in Acts, revoked are omitted.
5 Notes 1 2 3 204 Reprinted as at 1 July 2009 Corrections Act 2004 Notes see For a detailed list of http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.
the editorial conventions, 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 205 • • • • Notes Corrections Act 2004 Reprinted as at 1 July 2009 • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • followed by small capital format of headings (eg, headings where each word formerly appeared with an initial capital letter letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly running heads (the information that appears at the top of each page) format of amendments, and schedules of are rearranged into alphabetical order, chronological).
two-column schedules of consequential they rather than repeals (eg, 5 List of amendments incorporated in this reprint (most recent first) Corrections Amendment Act 2009 (2009 No 3) Policing Act 2008 (2008 No 72): sections 116(a)(ii), 130(1) Corrections (Social Assistance) Amendment Act 2008 (2008 No 24) Court Martial Act 2007 (2007 No 101): section 87 Independent Police Conduct Authority Amendment Act 2007 (2007 No 38): section 26 Sentencing Amendment Act 2007 (2007 No 27): section 58 Crimes of Torture Amendment Act 2006 (2006 No 68): section 9 Insolvency Act 2006 (2006 No 55): section 445 Lawyers and Conveyancers Act 2006 (2006 No 1): section 348 Corrections Amendment Act 2005 (2005 No 97) Relationships (Statutory References) Act 2005 (2005 No 3): section 7 206 Reprinted as at 1 July 2009 Corrections Act 2004 Notes Public Finance Amendment Act 2004 (2004 No 113): section 37(1) Parole (Extended Supervision) Amendment Act 2004 (2004 No 67): section 14 Public Finance Act 1989 (1989 No 44): section 65R(3) 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2009 207