Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750438275.pdf (New Zealand)
Public Safety (Public Protection Orders) Bill Government Bill Explanatory note General policy statement Public safety is jeopardised by a small number of people who reach the end of a finite prison sentence or are subject to the most intensive form of an extended supervision order and pose a very high risk of imminent and serious sexual or violent reoffending.

Less restrictive forms of supervision are not adequate for preventing almost certain further offending.
The Bill empowers the High Court to issue a public protection order that would allow for detention of a subject in a secure facility.

The Bill is a proportionate balance between the State’s legitimate objective of protecting citizens from almost certain serious sexual or violent harm and the right of those on a public protection order to be subject to the least restrictive form of detention to achieve that objective.
While it is possible that detainees will never be released from a public protection order, there are credible pathways for release.

The path- ways would include a management plan, rehabilitation, treatment, regular and early reviews of status, and post-release supervision.

The Bill provides oversight of detention through regular reviews by a re- view panel and the High Court, independent inspector and Ombuds- man visits, and annual reporting to Parliament.
68—1 2 Public Safety (Public Protection Orders) Bill Explanatory note Regulatory impact statement The Department of Corrections produced a regulatory impact state- ment on 20 March 2012 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.
A copy of this regulatory impact statement can be found at— • http://www.corrections.govt.nz/policy-and-legislation/regula- tory-impact-statments.html http://www.treasury.govt.nz/publications/informationre- leases/ris • Clause by clause analysis Clause 1 is the Title clause.

Clause 2 is the commencement clause.

The Bill comes into force 1 year after Royal assent unless it is brought into force on an earlier date appointed by Order in Council.
Part 1 Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending Subpart 1—Interpretation, objective, and principles Clause 3 defines words used in the Bill.

Clause 4 sets out the objective of the Act that will be enacted if this Bill is passed (the Act).

That objective is to protect members of the public from the almost certain harm that would otherwise be inflicted by the commission of serious sexual or violent offences.

The Act is not punitive.


Clause 5 sets out the principles that guide persons exercising powers under the Act.
These include the principle that previous offending is only 1 of several factors to be used in assessing the risk posed by persons, that a public protection order should only be imposed if the magnitude of the risk posed by the respondent justifies the imposition of the order, and that persons detained under the Act should have as much autonomy and quality of life as possible, as is compatible with Explanatory note Public Safety (Public Protection Orders) Bill 3 the orderly functioning and safety within the residence in which they are detained.
Clause 6 provides that the Act binds the Crown.

Subpart 2—Public protection order Imposition of public protection orders Clause 7 sets out the threshold required to be met for the imposition of an order for the indefinite detention of a person under the Act (a public protection order).

The person must have committed a ser- ious sexual or violent offence, that is, an offence for which an of- fender is capable of being sentenced to preventive detention under the Sentencing Act 2002.
The clause provides that 4 categories of persons with that previous offending will meet the threshold: (i) per- sons serving a sentence for a serious sexual or violent offence who must be released not later than 6 months; (ii) persons subject to an extended supervision order who are, or have been, subject to a con- dition of full-time accompaniment and monitoring, or who are sub- ject to long-term full-time placement in the care of an appropriate agency, person, or persons for the purposes of a programme; (iii) persons who are subject to a protective supervision order, that is, an order required to be made if a person subject to a public protection order is to be released; and (iv) persons who have recently arrived in New Zealand after serving a sentence imposed by an overseas court for a serious sexual or violent offence.
The relevant point in time for assessing whether the threshold is met is when the chief executive of the Department of Correction (the chief executive) applies for a public protection order.

Clause 8 authorises the chief executive to apply to the High Court (the court) for a public protection order against a person who meets the threshold on the ground that there is a very high risk of imminent serious sexual or violent offending by the person.
Clause 9 requires the application by the chief executive to be sup- ported by at least 2 reports, one of which must be by a registered psychologist and the other may be by a psychiatrist or another regis- tered psychologist.

Clause 10 authorises the court to call for a report by an independent psychiatrist or registered psychologist.

The respondent to the appli- cation can also request such a report.
4 Public Safety (Public Protection Orders) Bill Explanatory note Clause 11 authorises a Judge or the Registrar to issue a summons requiring the respondent to attend a hearing.

Clause 12 enables an application for a public protection order to be adjourned to assess whether a respondent needs treatment under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or care under the Intellectual Disability (Compulsory Care and Re- habilitation) Act 2003.
Clause 13 authorises the court to make a public protection order against a respondent if the court is satisfied that the respondent meets the threshold for a public protection order (as set out in clause 7) and that there is a very high risk of imminent serious sexual or violent offending by the respondent if released from prison or left unsuper- vised.
The court must not find that there is a very high risk of immi- nent serious sexual or violent offending by the respondent unless sat- isfied that the respondent exhibits a severe disturbance in behavioural functioning established by evidence of the following characteristics to a high level: • an intense drive or urge to commit a particular form of offend- ing: limited self-regulatory capacity, evidenced by general impul- siveness, high emotional reactivity, inability to cope with, or manage, stress and difficulties: absence of understanding or concern for the impact of offend- ing on actual or potential victims: poor interpersonal relationships or social isolation or both.
• • • Review by review panel Clause 14 requires public protection orders to be reviewed annually by a review panel, established by clause 107.
If the review panel considers that there may no longer be a very high risk of imminent serious sexual or violent offending by the person subject to the public protection order, the review panel may direct the chief executive to apply to the court for a review of the order under clause 15. Review by court Clause 15 requires the chief executive to apply to the court for a review of a public protection order within 5 years after it is made and within each subsequent 5-year period or, if the court so directs, each Explanatory note Public Safety (Public Protection Orders) Bill 5 subsequent 10-year period.
The chief executive must also apply to the court for a review whenever directed to do so by the review panel under clause 14.

Clause 16 allows a person who is subject to a public protection order to seek the leave of the court for a review of the order by the court.

Clause 17 provides that, on a review, the court must consider whether the person subject to a public protection order can be released under protective supervision (see clause 80).
Where that is not the case, the court must review the person’s management plan to ascertain whether the plan continues to be appropriate.

Subpart 3—Status of residents Clause 18 provides that a person who is subject to a public protection order but not to a prison detention order (see clause 72) (a resident) must stay in a residence, a separate and secure area, located within the precincts of a prison (see clause 99).

Clause 19 provides that the chief executive has the legal custody of residents.
Clause 20 provides that a resident must comply with every lawful direction given by the manager of a residence or a staff member of the residence or by an officer authorised to escort the resident (see clause 63).

Clause 21 provides authority to transfer residents from one residence to another residence.

Clause 22 requires that residents be informed of forthcoming trans- fers, except in special circumstances set out in the clause.
The chief executive must review the decision to transfer the resident within 1 month of receiving a request from the resident.

Clause 23 relates to leave that may be granted to residents.

Leave may be granted for medical or dental examinations or treatment, for relevant court hearings, for certain rehabilitation programmes, or for humanitarian reasons.

While on leave, a resident must be escorted and supervised.
Rights of residents Clause 24 states that a resident has the rights of a person of full cap- acity who is not subject to a public protection order except to the ex- 6 Public Safety (Public Protection Orders) Bill Explanatory note tent that those rights are limited by this Act, any rules, guidelines or instructions, or regulations made under this Act, or a decision of the manager taken in accordance with the Act.
The manager may limit the rights of a resident to the extent reasonably necessary to prevent the resident from harming himself or herself or any other person or from disrupting the orderly functioning of the residence.
In making a decision of that kind, the manager must be guided by the principle that a resident be given as much autonomy and quality of life as is compatible with the health and safety and well-being of the resident and other persons and the orderly functioning of the residence, and the principle that a decision that adversely affects a resident must be reasonable and proportionate to the objective sought to be achieved.
Residents have the right to provide input into the making of rules for the residence and into the running of the residence, so far as this is consistent with the orderly functioning of the residence and the creation and maintenance of a community of persons within the resi- dence.

Clauses 25 to 36 set out specific rights that residents have.
These include the right to— • retain money earned from work that the resident is permitted to undertake in the residence or the prison; this right is limited by clause 37: obtain legal assistance and adequate facilities to prepare for legal proceedings: vote, within the residence, at an election or in a referendum: participate in recreational and cultural activities within the residence: receive and send written communications and articles; this right is limited by clause 41: access newspapers and, if Internet facilities are available in the residence, websites approved by the manager; but residents are not entitled to unsupervised access to the Internet or to the use of email: receive visits from persons who have been permitted to visit the resident, and to have access to a telephone or other elec- tronic communication device to communicate with persons with whom such communications are permitted; these rights are limited by clauses 44 to 56: • • • • • • Explanatory note Public Safety (Public Protection Orders) Bill 7 • • • • • receive medical treatment to a standard reasonably available to the public: receive rehabilitative treatment if the treatment has a reason- able prospect of reducing the risk to public safety posed by the resident: be informed about rules, guidelines or instructions, entitle- ments, obligations, and decisions that affect the resident: be dealt with in a manner that respects the resident’s cultural and ethnic identity, language, and religious or ethical beliefs: receive the reduced benefit that a patient who is in a hospital for more than 13 weeks receives under section 75 of the Social Security Act 1964.
Clause 37 requires all money earned by a resident or due to the resi- dent as a benefit to be paid into a trust account.

Guidelines or instruc- tions may require deductions from a resident’s trust account to offset the cost of the resident’s care.

Subpart 4—Management of residents Management plans Clause 38 provides that as soon as practicable after a resident first enters a residence, the needs of the resident must be assessed.
The assessment must have regard to the resident’s aspirations for his or her personal development, so far as those aspirations are compatible with his or her detention in the residence.

Clause 39 provides for the preparation, as soon as practicable after completion of the needs assessment, of a management plan for the resident.

The clause provides for the matters to be set out in the management plan.

A management plan must be reviewed at regular intervals stated in the management plan.
Clause 40 provides for reviews and variations of management plans.

A management plan must also be reviewed when the court or the review panel gives a direction relating to the management plan, or when the court, the review panel, an inspector, or an Ombudsman recommends that the management plan be reviewed or changed, or when a genuine request is made by, or on behalf of, the resident that the management plan be changed.

The manager may change any matter in the management plan.
8 Public Safety (Public Protection Orders) Bill Explanatory note Monitoring of written communications and articles Clause 41 provides that a management plan may prevent a resident from sending or receiving written communications or articles to or from persons or classes of persons.

Written communications or art- icles can be checked if there are reasonable grounds for believing that the communications or articles may contravene the management plan or may otherwise be detrimental.
If, on checking a communication or article, those beliefs are confirmed, the communication or article may be withheld.

Clause 42 excludes written communications with, and articles sent to or by, certain office holders from being checked or withheld.

The office holders are members of Parliament, Judges, Ombudsmen, the Privacy Commissioner, the Health and Disability Commissioner, Human Rights Commissioners, inspectors appointed under the Act, health professionals, ministers of religion, and lawyers.
Clause 43 deals with written communications or articles withheld under clause 41.

In the case of communications or articles sent to the residence, the manager must return them to the sender if his or her address is known; if the address is unknown, the communication or article must be sent or given to an inspector.

If communications or articles that the resident intends to send are withheld, the manager must send or give those communications or articles to an inspector.
Telephone calls may be monitored Clauses 44 to 55 authorise the monitoring of telephone calls, prohibit the unauthorised disclosure of monitored telephone calls, apply the Privacy Act 1993 to the monitoring of telephone calls, and make pro- vision for giving evidence of monitored telephone calls.

The clauses follow sections 111 to 122 of the Corrections Act 2004.
Restrictions on contacts with persons outside residence Clause 56 authorises the manager of a residence to stop a resident from receiving visits from any person or from communicating orally with any person if there are reasonable grounds for believing that such visits or communications are likely to be harmful to the resident or to any other person or to the orderly functioning of the residence.
Explanatory note Public Safety (Public Protection Orders) Bill 9 Visits from, or oral communications with, any of the office holders specified in clause 42 may not be declined, but may be rescheduled to a more appropriate time and date.

Searches Clause 57 deals with searches for the purpose of detecting a prohib- ited item or an item that may endanger the health and safety of per- sons.

The residence and residents may be searched.


A search may include a strip-search of a resident if there are reasonable grounds for believing that the resident has the item to which the search relates.

Residents must also be strip-searched when they enter or leave the prison precincts within which the residence is located.
Drug or alcohol tests Clause 58 requires a resident to submit to a test for the purpose of detecting whether the resident has used drugs or consumed alcohol where there are reasonable grounds to believe that the resident has done so without permission.

Clause 59 provides for a resident to be informed about the result of any drug or alcohol test that relates to the resident.
Clause 60 provides that the results of drug or alcohol tests are not admissible in evidence, except in reviews of public protection orders and prison detention orders.

Seclusion Clause 61 authorises residents to be placed in seclusion if they en- danger the health or safety of themselves or of others, or seriously compromise the care and well-being of other persons, or significantly disrupt the orderly functioning of the residence.
Restraint Clause 62 authorises the restraint of residents to prevent them from endangering the health or safety of themselves or of others, or from seriously damaging property, or from seriously compromising the care and well-being of the resident or of other persons.

Mechanical restraints may not be used if it is reasonably practicable for authorised individuals personally to restrain the resident concerned.
10 Public Safety (Public Protection Orders) Bill Explanatory note Clause 63 authorises the chief executive to direct staff members of a residence, corrections officers, or Police employees to escort and control persons subject to orders under the Act.

Emergencies Clause 64 deals with emergencies brought about by the conduct of persons in a residence.

The residence manager may seek assistance from the prison manager.
Corrections officers may stop residents from harming themselves or others or from damaging property.

A resident may be detained and taken to a prison if he or she poses such an unacceptably high risk to himself or herself, or to others, that he or she cannot be safely managed in the residence.

If the resident is detained in prison for more than 24 hours, the chief executive must, within the next working day, apply for a prison detention order.
Subpart 5—Inspections and complaints into alleged breaches of rights Clause 65 provides for inspections of residences.

Each residence must receive a visit from an inspector at least twice a year, but an inspector may visit a residence as often as the inspector considers appropriate, and may do so unannounced.

Clause 66 gives an inspector access to every part of the residence and to every person in it.
The inspector must be given every record relating to a resident, including the resident’s court order and man- agement plan, and every communication or article withheld under clause 41.

Clause 67 deals with complaints.

Anyone may complain to an in- spector about the breach of a resident’s rights.

The manager or staff member of a residence who receives a complaint about a breach of the resident’s rights must refer the complaint to an inspector.

Clause 68 provides for investigations by inspectors.
An inspector may, on his or her own initiative or on receipt of a complaint, com- mence an investigation into an alleged breach of this Act or of regula- tions or guidelines or instructions.

Complaints must be investigated unless the inspector is satisfied that the complaint is frivolous or vex- atious or is not made in good faith.
If the inspector considers that the complaint has substance, the inspector can conduct an inquiry under Explanatory note Public Safety (Public Protection Orders) Bill 11 clause 70 or give the manager a report of his or her investigation to- gether with any recommendations.

Clause 69 requires the manager who receives a report under clause 67 to inform the resident and any person who complained on the resident’s behalf of the outcome of the investigation.
If the resident is not satisfied with the outcome of the complaint, he or she may request that the chief executive examine the complaint, and the chief executive must consider if further investigation is warranted.

Clause 70 authorises an inspector to conduct an inquiry into an al- leged breach of this Act or of regulations or guidelines or instructions.
In conducting the inquiry, the inspector has the same powers and au- thority to summon witnesses and receive evidence as are conferred on commissions of inquiry by the Commissions of Inquiry Act 1908.

Clause 71 requires the manager of a residence to correct every de- ficiency identified in an inspector’s report of an investigation or in- quiry.
Subpart 6—Prison detention orders Clause 72 confers jurisdiction on the court to order that a person subject to a public protection order be detained in a prison instead of a residence.
Such an order may be made only if the court is satisfied that the person would, if detained or further detained in a residence, pose such an unacceptably high risk to the person or to others, or to both, that the person cannot be safely managed in the residence, and all less restrictive options for controlling the behaviour of the person have been considered and, where appropriate, tried.

The order may be made against a person as soon as a public protection order is made against the person.
Clause 73 gives a person who is subject to a prison detention order all the rights and obligations of a remand prisoner and also gives the person all the rights conferred on residents by this Act, to the extent that those rights are compatible with the provisions of the Corrections Act 2004 that apply to remand prisoners.
Review by review panel Clause 74 requires the review panel to review every prison deten- tion order within 1 month after it is made and then within 6 months after the most recent review by the panel or, where an application 12 Public Safety (Public Protection Orders) Bill Explanatory note for review by the court is pending, 6 months after the application is determined.
If the review panel considers that the person subject to the prison detention order is no longer eligible to have that order im- posed on him or her, the review panel can direct the chief executive to apply to the court for a review of the order.

Review by court Clause 75 requires the chief executive to apply to the court for a review of a prison detention order that continues in effect within 1 year after it is made, and then at yearly intervals.
The chief executive must also apply for a review of an order whenever directed to do so by the review panel.

Clause 76 allows a person who is subject to a prison detention order to seek the leave of the court to apply for the cancellation of the order.

Clause 77 requires that, on a review by the court of a prison detention order, all relevant reports on the person subject to the order have to be submitted to the court.
Clause 78 gives the court jurisdiction to cancel a prison detention order if satisfied that the person subject to the order is no longer eli- gible to have the order imposed on him or her.

Clause 79 requires the transfer from prison to a residence of a person whose prison detention order has been cancelled but who continues to be subject to a public protection order.

A person in that position has the status, rights, and obligations of a resident.
Subpart 7—Protective supervision Clause 80 provides for the court, if satisfied that there is no longer a very high risk of imminent serious sexual or violent offending by a person who is subject to the public protection order, to replace the public protection order with a protective supervision order.
Clause 81 gives the court jurisdiction to include in any protective supervision order any requirements that the court considers neces- sary to reduce the risk of reoffending by the person under protective supervision, or facilitate or promote the rehabilitation and reintegra- tion of the person under protective supervision, or to provide for the reasonable concerns of victims of the person under protective super- vision.
Explanatory note Public Safety (Public Protection Orders) Bill 13 Clause 82 provides for requirements under clause 81 to be notified to specified persons.

Clause 83 confers jurisdiction on the court to vary or discharge re- quirements under clause 81.

Clause 84 authorises the review panel to modify a requirement of a protective supervision order, but only if the review panel is satisfied that the modification will relax the requirement.
Clause 85 provides for the variation or the discharge of a requirement under clause 81 to be notified to specified persons.

Clause 86 authorises the chief executive to apply to the court for a review of a protective supervision order at any time and requires him or her to do so within 5 years after the order is made, and then within 5 years after the first review, and then at intervals of not more than 10 years.
Clause 87 allows a person who is subject to a protective supervision order to seek the leave of the court for a review of the order by the court.

Clause 88 provides for the court, on a review of a protective super- vision order, to be provided with all current reports on the person subject to the order.

The court must consider the continuing appro- priateness of the requirements included in the order and whether the order should be cancelled.
Clause 89 gives the court jurisdiction to cancel a protective super- vision order if, during a period of 5 years in which the person has been subject to the order, the person has neither committed any ser- ious sexual or violent offences nor breached any requirements in- cluded in the order.

The cancellation must be notified to specified persons, including the victims of the person formerly subject to pro- tective supervision.
Clause 90 makes it an offence for a person who is subject to a protect- ive supervision order to breach a requirement included in the order.

14 Public Safety (Public Protection Orders) Bill Explanatory note Part 2 Procedural, administrative, and miscellaneous matters Subpart 1—Procedural matters Procedure governing applications to court Clause 91 sets out the documents the chief executive must serve on the respondent to applications under the Act.
Clause 92 authorises the court to issue a warrant for a respondent to be brought before the court if the respondent fails to appear for a hearing.

Clause 93 gives the court jurisdiction to order, in specified circum- stances, the interim detention of a respondent pending the determin- ation of an application for a public protection order.

Clause 94 provides for the admissibility of relevant matters that would otherwise be inadmissible.

Clause 95 authorises the court to hold hearings in closed court.
Clause 96 authorises the court to make an order forbidding publica- tion of any report or account of the whole or any part of the evidence given or the submissions made in any proceeding under this Act for specified reasons, including that publication would be likely to cause undue hardship to any victim of the respondent or endanger the safety of any person.
Matters governing reviews by review panel Clause 97 sets out the reports that have to be given to the review panel for reviews of a public protection order or a prison detention order.

Clause 98 requires the review panel to interview the person who is subject to a public protection order or a prison detention order, unless the person indicates to the panel that he or she does not wish to be interviewed.
Subpart 2—Matters relating to management or administration Clause 99 enables a building, or part of a building, and any land adjacent to that building to be declared a residence.

Explanatory note Public Safety (Public Protection Orders) Bill 15 Clause 100 provides for the appointment of suitable persons as resi- dence managers, deputy residence managers, and employees for each residence.
The appointments are made by the chief executive or, if the management of the residence is subject to a management con- tract, the contractor responsible for managing the residence.

Clause 101 sets out the powers and functions of residence managers.

Clauses 102 and 103 enable residence managers to delegate powers and functions and provide for the status of those delegations.

Clause 104 provides for the making of rules for residences.
The rules are made by the residence manager, acting with the authority of the chief executive.

Clause 105 authorises the chief executive to provide residence man- agers and officers involved in escorting persons with guidelines on the exercise of powers under the Act or any regulations made under it and instructions or guidelines relating to procedures to be followed or standards to be met in the management of residences or in carrying out escort services.
Clause 106 sets out matters relating to persons who are subject to public protection orders that must be stated in the annual report of the Department of Corrections.

Review panel Clause 107 establishes the review panel.

The review panel consists of 6 members, who must include at least 2 health assessors, that is, psychiatrists or psychologists, and at least 4 persons with experience in the operation of the New Zealand Parole Board.

The members are appointed by the Minister of Justice.
Before the Minister of Justice appoints a person as a member, the Minister of Justice must be sat- isfied that the person has experience and expertise in assessing the potential for individuals to pose a high risk to public safety.

The re- view panel is chaired by a member who holds, or has held, office as a Judge.

Clause 108 relates to meetings of the review panel.
The clause re- quires a quorum of 3 members, who must include the chairperson or deputy chairperson, a health assessor, and a member with experience in the operation of the New Zealand Parole Board.

Clauses 109 to 111 provide for the term of appointment, remuner- ation, and immunity of members of the review panel.

16 Public Safety (Public Protection Orders) Bill Explanatory note Appointment of inspectors Clause 112 provides for the appointment of inspectors.
The persons appointed must be lawyers who are not otherwise employed or en- gaged by the Department of Corrections.

Visits by specified office holders Clause 113 gives specified office holders access to any residence.

The office holders are members of Parliament, Judges, Ombudsmen, the Privacy Commissioner, the Health and Disability Commissioner, and Human Rights Commissioners.

Clause 114 provides that the Act does not limit the operation of Part 2 of the Crimes of Torture Act 1989.
Residence management contracts Clauses 115 to 121 enable and regulate the management of residences by private sector contractors.

The provisions follow sections 198, 199, 199A, 199B, 199H, 199I, and 199J of the Corrections Act 2004.

Subpart 3—Miscellaneous matters Clause 122 provides for the making of regulations.

Clause 123 provides that the Act does not affect the imposition of sentences of preventive detention.
Clause 124 clarifies that claims by persons who are subject to an order under the Act are not affected by the Prisoners’ and Victims’ Claims Act 2005 merely because they are subject to such an order.

Clause 125 provides for the consequential amendments set out in the Schedule.
Hon Judith Collins Public Safety (Public Protection Orders) Bill Government Bill Contents Title Commencement Part 1 Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending Subpart 1—Interpretation, objective, and principles Interpretation Objective of Act Principles Act binds the Crown Subpart 2—Public protection orders Imposition of public protection orders Threshold for imposition of public protection order Chief executive may apply for public protection order Reports by health assessors Right to independent expert assessment Issue of summons to attend hearing Assessment whether respondent mentally disordered or intellectually disabled Court may make public protection order Review by review panel Review of public protection order by review panel 68—1 Page 6 6 7 10 10 11 11 12 13 13 13 14 15 15 1 Public Safety (Public Protection Orders) Bill Review by court Application by chief executive for review of public protection order Application for review by person subject to public protection order Review of public protection order Subpart 3—Status of residents Detention of residents Legal custody of residents Residents must obey lawful directions Transfers between residences Information to be given to residents about transfers Leave Rights of residents Rights of residents Earnings from work Right to legal advice Right to vote Recreational and cultural activities Right to receive and send written communications and articles Access to media Visitors and oral communications with people outside residence Right to medical treatment Right to rehabilitative treatment Right to information Respect for cultural identity Right to benefits Receipts for residents to be paid into trust accounts Subpart 4—Management of residents Management plans Needs assessment Management plans Reviews and variations of management plan Monitoring of written communications and articles Checking and withholding of written communications and articles in certain cases
 Written communications or articles not to be withheld if sent by or to certain persons Public Safety (Public Protection Orders) Bill Procedure where written communication or article withheld Telephone calls may be monitored Interpretation Purposes of monitoring resident calls Resident calls that may be monitored Certain resident calls must not be monitored Only certain persons may monitor resident calls Warnings Authorised disclosure of information Restrictions on disclosure of information Application of Privacy Act 1993 Destruction of recordings Notice to be given of intention to produce evidence of recording Privileged evidence Restrictions on contacts with persons outside residence Visits from, or oral communication with, certain persons may be excluded Searches Search of residents and residence Drug or alcohol tests Resident may be required to submit to drug or alcohol test Resident must be informed of results of test Restrictions on use of result of test Seclusion Seclusion Restraint Restraint of residents Escort of persons subject to detention orders Emergencies In emergency, manager of prison may assist manager of residence Subpart 5—Inspections and complaints into alleged breaches of rights Visits by inspectors Inspectors’ access to persons and documents Public Safety (Public Protection Orders) Bill Complaints about breaches of rights Investigation by inspectors Resident to be informed of outcome of investigation Inquiries by inspector Duty of manager to correct deficiencies Subpart 6—Prison detention orders Order for detention in prison Rights and obligations of person subject to prison detention order Review by review panel Review of prison
 detention orders by review panel Review by court Application by chief executive for review of prison detention order Application for cancellation by person subject to prison detention order Court must be provided with relevant reports on person subject to prison detention order Cancellation of prison detention order Consequence of cancellation of prison detention order Subpart 7—Protective supervision Replacement of public protection order with protective supervision order Requirements may be included in protective supervision order Notification of requirements Court may vary requirements of protective supervision order Review panel may modify requirements to render them less restrictive Notification of changes Application by chief executive for review of protective supervision order Application for review by person subject to protective supervision order Review of protective supervision order Cancellation of protective supervision order Offence to breach protective supervision order Public Safety (Public Protection Orders) Bill Part 2 Procedural, administrative, and miscellaneous matters Subpart 1—Procedural matters Procedure governing applications to court Service of applications Respondent who fails to appear may be brought to court Court may order interim detention of, or interim imposition of conditions on, respondent Evidence in proceedings under this Act Court may determine whether hearings are held in open or closed court Court may suppress evidence and submissions Matters governing reviews by review panel Reports to be provided to review panel Interview of person Subpart 2—Matters relating to management or administration 91 92 93 94 95 96 97 98 Establishment of residences Appointment of residence manager Powers and functions of residence managers 99 100 101 102 Manager of residence may delegate powers and functions
 103 104 Manager may make rules for residence 105 106 Matters to be included in annual report of department Chief executive may provide guidelines or instructions Status of delegations Review panel Establishment and constitution of review panel 107 108 Meetings of review panel 109 110 111 Term of appointment, and reappointment Remuneration and expenses of members Immunity of members 112 Inspectors Appointment of inspectors Visits by specified office holders 113 114 Right of specified office holders to visit residences Crimes of Torture Act 1989 not limited Residence management contracts 115 Management of residences under contract 51 51 52 52 52 53 53 54 54 55 55 56 56 56 57 58 59 59 60 60 60 61 61 62 62 5 cl 1 116 117 118 119 120 121 122 123 124 125 Public Safety (Public Protection Orders) Bill Requirements of residence management contracts Delegation of powers and functions of contractor Liability of contractor Control of contract residence in emergency Residence management contracts to be presented to House of Representatives Release of resident information to and by contract residences Subpart 3—Miscellaneous matters Regulations Sentence of preventive detention not affected by this Act Claims by persons subject to orders under this Act not affected by Prisoners’ and Victims’ Claims Act 2005 Consequential amendments Schedule Consequential amendments 62 63 64 64 66 66 67 67 67 67 68 The Parliament of New Zealand enacts as follows: Title This Act is the Public Safety (Public Protection Orders) Act 2012.
Commencement This Act comes into force on the day that is 1 year after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Gov- ernor-General by Order in Council.
5 1 2 6 3 Public Safety (Public Protection Orders) Bill Part 1 cl 3 Part 1 Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending Subpart 1—Interpretation, objective, and principles 5 15 Interpretation In this Act, unless the context otherwise requires,— chief executive means the chief executive of the department that is, with the authority of the Prime Minister, for the time 10 being responsible for the administration of this Act contract residence means a residence that is for the time being managed under a residence management contract corrections officer has the same meaning as the term officer in section 3(1) of the Corrections Act 2004 court means the High Court department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Corrections Act 2004 deputy residence manager means a person appointed or en- 20 gaged as the deputy manager of a residence under section 100 determinate sentence has the same meaning as determinate sentence of imprisonment in section 4(1) of the Sentencing Act 2002 electronic communication device— (a) means an electronic communication device (other than a device used to assist with a disability) that is capable of any or all of the following actions: (i) (ii) (iii) (iv) transmitting sound: computing information: functioning as a telephone: communicating in any other way using any technology (including telecommunication, ra- diocommunication, Internet, and broadcasting 35 technology); and 30 25 7 Part 1 cl 3 Public Safety (Public Protection Orders) Bill (b) 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; and (ii) 5 (c) includes any device that enables or facilitates the func- tioning of an electronic communication device (for ex- ample, a recharger
 or charging device) 10 guidelines or instructions means guidelines or instructions provided under section 105 health assessor means a health practitioner who— (a) is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) 15 of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine, and who is a practising psychiatrist; or a registered psychologist (b) imminent, in relation to the commission of serious sexual or 20 violent offences by a person, means that the person is expected to commit such an offence as soon as he or she has a suitable opportunity to do so inspector means an inspector appointed under section 112 interim detention order means an order made under section 25 93 Judge means a Judge of the High Court lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006 management plan, in relation to a resident, means the plan 30 prepared for the resident, under section 39, as varied from time to time under this Act mentally disordered has the same meaning as in the Mental Health (Compulsory Assessment and Treatment) Act 1992 Minister means the Minister of the Crown for the time being 35 responsible for the department prison has the same meaning as in section 3(1) of the Correc- tions Act 2004 8 Public Safety (Public Protection Orders) Bill Part 1 cl 3 prison detention order means an order made under section 72 probation officer means an officer appointed by the chief ex- ecutive in accordance with section 24 of the Corrections Act 2004 prohibited item, in relation to a resident, means— (a) any article that could, while in the possession of the resi- dent, be harmful to that resident or to any other person: any drug other than drugs prescribed for the resident under the Medicines Act 1981: any alcohol: any 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: any article or substance that could be used for the pur- pose of altering the results of a drug or alcohol test: any other article or substance that the resident is not permitted to possess under rules made under section 104 (b) (c) (d) (e) (f) (g) (h) 5 10 15 20 protective supervision order means an order made under section 80 public protection order means an order made under section 13 registered psychologist means a health practitioner who is, or 25 is deemed to be, registered with the Psychologists Board con- tinued by section 114(1)(a) of the Health Practitioners Com- petence Assurance Act 2003 as a practitioner of the profession of psychology residence means a residence established under section 99 residence management contract means a contract for the management of a residence entered into under section 115 residence manager or manager means a person appointed or engaged as the manager of a residence under section 100, and includes a deputy residence manager appointed under that 35 section resident means a person subject to a public protection order but not to a prison detention order 30 9 Part 1 cl 4 Public Safety (Public Protection Orders) Bill respondent, in relation to an application for a public protec- tion order, means the person against whom the order is sought review panel means the review panel established by section 107 serious sexual or violent offence means an act committed 5 before, on, or after the commencement of this section that— (a) (ii) is committed in New Zealand and is— (i) a sexual crime under Part 7 of the Crimes Act 1961 punishable by 7 or more years’ imprison- ment; and includes a crime under section 144A 10 or 144C of that Act; or an offence against any of sections 171, 173 to 176, 188, 189(1), 191, 198 to 199, 208 to 210, 234, 235, and 236 of the Crimes Act 1961; or is committed overseas and would come within the de- 15 scription of paragraph (a) if it had been committed in New Zealand (b)
 serious sexual or violent offending means the commission of 1 or more serious sexual or violent offences threshold, in relation to a public protection order, has the 20 meaning given to it by section 7 victim means a person who is a victim of a serious sexual or violent offence committed by a person— (a) who is a respondent to an application made by the chief executive under this Act; or (b) who is subject to an order made under this Act.
Objective of Act The objective of this Act is to protect members of the public from the almost certain harm that would be inflicted by the commission of serious sexual or violent offences.

It is not an objective of this Act to punish persons against whom orders are made under this Act.
25 30 Principles Every person or court exercising a power under this Act must have regard to the following principles: 35 4 (1) (2) 5 10 Public Safety (Public Protection Orders) Bill Part 1 cl 7 (a) (b) (c) (d) 5 orders under this Act are not imposed to punish persons and the previous commission of an offence is only 1 of several factors that are relevant to assessing whether there is a very high risk of imminent serious sexual or violent offending by a person: a public protection order should only be imposed if the magnitude of the risk posed by the respondent justifies the imposition of the order: a public protection order should not be imposed on a person who is eligible to be detained under the Mental 10 Health (Compulsory Assessment and Treatment) Act 1992 or the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003: persons who are detained in a residence under a public protection order should have as much autonomy and 15 quality of life as possible, while ensuring the orderly functioning and safety within the residence.
20 25 6 Act binds the Crown This Act binds the Crown.
Subpart 2—Public protection orders Imposition of public protection orders 7 Threshold for imposition of public protection order (1) A person aged 18 years or older meets the threshold for the imposition of a public protection order if— (a) the person— (i) is detained in a prison under a determinate sen- tence for a serious sexual or violent offence; and (ii) must be released from detention not later than 6 months after the date on which the chief execu- tive applies for a public protection order against 30 the person; or (b) the person is subject to an extended supervision order and— (i) is, or has been, subject to a condition of full-time accompaniment and monitoring imposed under 35 11 Part 1 cl 8 Public Safety (Public Protection Orders) Bill (ii) sections 33(2)(c) and 107K(2) of the Parole Act 2002; or is subject to a condition of long-term full-time placement in the care of an appropriate agency, person, or persons for the purposes of a pro- 5 gramme under sections 15(3)(b) and 16(c) of the Parole Act 2002; or (c) (d) the person is subject to a protective supervision order; or the person— (i) has arrived in New Zealand within 6 months of ceasing to be subject to any sentence, supervision conditions, or order imposed on the person for a serious sexual or violent offence by an overseas court; and has, since that arrival, been in New Zealand for less than 6 months; and resides or intends to reside in New Zealand.
(ii) (iii) 10 15 For the purposes of this Act, a person meets the threshold for a public protection order if the person meets the threshold at 20 the time that the chief executive applies for that order against the person.
In this section, extended supervision order means an order imposed, whether before, on, or after the commencement of this section, under section 107I of the Parole Act 2002 on 25 a person who was an eligible offender (within the meaning of section 107C(1) of that Act) because the person had been sentenced to imprisonment for a relevant offence (within the meaning of that section) that is also a serious sexual or violent offence (within the meaning of section 3).
30 Chief executive may apply for public protection order The chief executive may apply to the court for a public protec- tion order against a person who meets the threshold for such an order on the ground that there is a very high risk of immi- nent serious sexual or violent offending by the person.
35 (2) (3) 8 12 Public Safety (Public Protection Orders) Bill Part 1 cl 11 9 Reports by health assessors The application under section 8 must be accompanied by at least 2 reports that— (a) have been separately prepared by health assessors, at least one of whom is a registered psychologist; and address the questions whether— (i) (b) the respondent exhibits to a high level each of the 4 characteristics described in section 13(2); and there is a very high risk of imminent serious sex- ual or violent offending by the respondent.
(ii) 10 (1) (2) Right to independent expert assessment The court may, on its own initiative, direct a health assessor selected by the court to assess the respondent.

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

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

(4) (5) Where the respondent has been granted legal aid for respond- ing to the application for the public protection order, the fees and expenses of preparing the assessment report under this section must be met out of the grant of legal aid.
5 10 15 20 (6) Where the court directs a health assessor under this section in 25 a case where the respondent has not been granted legal aid, the fees and expenses of preparing the assessment report must be met out of public money appropriated by Parliament for the purpose.
11 Issue of summons to attend hearing A Judge or the Registrar of the High Court may from time to time issue a summons requiring the respondent to an applica- tion for a public protection order to attend at a specified date and time for the hearing of the application.
30 13 Part 1 cl 12 Public Safety (Public Protection Orders) Bill 12 (1) (2) Assessment whether respondent mentally disordered or intellectually disabled This section applies where a court is satisfied that it could make a public protection order against a respondent and it ap- pears to the court that the respondent may be mentally dis- 5 ordered or intellectually disabled.
The court may, instead of making a public protection order, di- rect the chief executive to consider the appropriateness of an application in respect of the respondent under section 45 of the Mental Health (Compulsory Assessment and Treatment) Act 10 1992 or under section 29 of the Intellectual Disability (Com- pulsory Care and Rehabilitation) Act 2003.
(5) (4) (3) Where the court gives a direction under subsection (2), the court must, if the respondent is not then detained under sec- tion 93, order the interim detention of the respondent under 15 that section.
For the purposes of any application under section 45 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or under section 29 of the Intellectual Disability (Com- pulsory Care and Rehabilitation) Act 2003 made as a result of 20 the consideration directed under subsection (2) and for any determination arising out of such an application, the respond- ent is taken to be detained in a prison under an order of com- mittal.
If, following a direction given under subsection (2), the re- 25 spondent becomes subject to a compulsory treatment order under the Mental Health (Compulsory Assessment and Treat- ment) Act 1992 or to a compulsory care order under the Intel- lectual Disability (Compulsory Care and Rehabilitation) Act 2003, the proceeding on the application under section 8 must 30 be discontinued.
If the respondent does not, following the consideration di- rected under subsection (2), become subject to a compulsory treatment order under the Mental Health (Compulsory Assess- ment and Treatment) Act 1992 or to a compulsory care order 35 under the Intellectual Disability (Compulsory Care and Re- habilitation) Act 2003, the proceeding on the application under section 8 must be resumed.
(6) 14 Public Safety (Public Protection Orders) Bill Part 1 cl 14 Court may make public protection order 13 (1) After considering all of the evidence offered in a proceeding on an application for a public protection order, and, in particular, the evidence given by 2 or more health assessors, including at least 1 registered psychologist, the court may make a public 5 protection order against the respondent if the court is satisfied that— (a) (b) the respondent meets the threshold for a public protec- tion order; and there is a very high risk of imminent serious sexual or 10 violent offending by the respondent if,— (i) where the respondent is detained in a prison, the respondent is released from prison into the com- munity; or in any other case, the respondent is left unsuper- 15 vised.
(ii) (2) The court may not make a finding of the kind described in subsection (1)(b) unless satisfied that the respondent exhibits a severe disturbance in behavioural functioning established by evidence of the following characteristics to a high level: (a) an intense drive or urge to commit a particular form of offending: limited self-regulatory capacity, evidenced by general impulsiveness, high emotional reactivity, and inability to cope with, or manage, stress and difficulties: absence of understanding or concern for the impact of offending on actual or potential victims: poor interpersonal relationships or social isolation or both.
(b) (c) (d) Review by review panel 14 Review of public protection order by review panel (1) During the currency of a public protection order, the review panel must review the continuing justification of the order— (a) (b) within 1 year after the order is made; and then— (i) within every succeeding year after the most re- cent previous review of the order by the review panel; but 15 20 25 30 35 Part 1 cl 15 Public Safety (Public Protection Orders) Bill (ii) if an application (other than an application for leave) under section 15 or 16 is pending before the court, within 1 year after the date on which the application is determined or withdrawn.
(2) If the review panel considers that there may no longer be a 5 very high risk of imminent serious sexual or violent offending by the person subject to the public protection order, the review panel may direct the chief executive to apply to the court for a review of the order under section 15.
(3) Where, in the case of a resident, the review panel does not give 10 a direction under subsection (2), the review panel— (a) must review the management plan of the resident to as- certain whether the plan continues to be appropriate; and (b) may make any recommendations to the manager of the 15 residence in which the resident is required to stay.
Review by court 15 Application by chief executive for review of public protection order (1) During the currency of a public protection order, the chief ex- 20 ecutive must apply to the court for a review of the continuing justification of the order— within 5 years after the order is made; and (a) then within 5 years after the first review; and (b) then, at intervals of not more than 5 years; and (c) (d) whenever the review panel directs the chief executive 25 to apply.
(2) Despite subsection (1)(c), the court may direct that the chief executive apply for any subsequent reviews at intervals of not more than 10 years.

For the purpose of calculating any period specified in sub- section (1) or (2), if the court grants leave for an application under section 16, the period is suspended until the applica- tion is determined or withdrawn.
(3) 30 16 Public Safety (Public Protection Orders) Bill Part 1 cl 19 16 Application for review by person subject to public protection order A person who is subject to a public protection order may, with the leave of the court, apply to the court for a review of the order.
(c) Review of public protection order 17 (1) On a review of a public protection order, the court must be provided with all reports provided to the review panel and may call for any further or supplementary reports from any person, including, without limitation, from— (a) (b) the chief executive: if the person subject to the order is required to stay in a residence, the manager of the residence: if the person subject to the order is detained in a prison, the manager of the prison: any health assessor.
(d) The court must consider whether the person subject to the order is eligible for release under section 80.

If the person subject to the order is a resident and is not to be released under section 80, the court— (a) must review the management plan of the resident to as- certain whether the plan continues to be appropriate; and (b) may make any recommendations to the manager of the residence in which the resident is required to stay.
The chief executive must advise every victim of the person subject to the public protection order of the outcome of the review.

Subpart 3—Status of residents Detention of residents A resident must stay in the residence that the chief executive designates by written notice given to the resident and to the manager of that residence.

(2) (3) (4) 18 19 (1) Legal custody of residents The chief executive has the legal custody of every resident.
35 17 Part 1 cl 20 Public Safety (Public Protection Orders) Bill Legal custody under subsection (1) of a resident commences as soon as a Judge pronounces an interim detention order or a public protection order and continues while the resident— (a) (b) is detained in a residence; or is for any reason outside the residence under the control 5 or supervision of any of any of the following persons who is acting under the authority of the Act: (i) (ii) (iii) the manager: a staff member of the residence: a corrections officer or Police employee acting 10 under section 63(1).
Compare: 2004 No 50 s 38(1) Residents must obey lawful directions A resident must comply with every lawful direction given to him or her by— (a) (b) (c) the residence manager; or a staff member of the residence; or a corrections officer or Police employee acting under section 63(1).
Compare: 2004 No 50 s 40 15 20 Transfers between residences A resident may be transferred, on the direction of the chief ex- ecutive given after considering the advice of the manager of the residence and any other advice the chief executive consid- ers appropriate, from a residence to any other residence for 1 25 or more of the following reasons: (a) to ensure the safety of the resident or of other persons who are in, or who visit, the residence: (b) where the risk posed by the resident has lessened, to allow the resident to live in a residence with fewer re- 30 strictions: to place the resident in a residence closer to his or her family: to respond to the needs of that resident, as identified in the management plan: to facilitate medical or psychiatric care for the resident: 35 (c) (d) (e) (2) 20 21 18 Public Safety (Public Protection Orders) Bill Part 1 cl 23 (f) (g) to reduce the risk of self-harm by the resident if he or she is identified as being at risk: to reduce the risk to the resident if he or she is identified as being vulnerable to mistreatment by other residents: to grant a request by a resident for a transfer.
5 (h) Compare: 2004 No 50 s 54 Information to be given to residents about transfers 22 (1) A resident must, at least 7 days before a proposed transfer, be informed of the location of the new residence to which the resident is to be transferred, and the reasons for the proposed 10 transfer.
Subsection (1) does not apply if— (a) (2) there are reasonable grounds to believe the resident to be transferred will create a management difficulty be- fore the transfer is made or as a result of the transfer; or 15 the transfer is being made because there are reason- able grounds to believe that the safety of the resident or others at the residence within which the resident cur- rently resides is at risk.
(b) (3) (4) If the resident has been transferred to a new residence without 20 having been informed of the reasons beforehand, the resident must be informed of those reasons as soon as practicable after he or she is transferred to the new residence.

The resident may, not later than 1 month after he or she is transferred to a new residence, request the chief executive in 25 writing to review the decision to transfer the resident.
(5) On receiving a request under subsection (4), the chief ex- ecutive must review the decision to transfer the resident and inform the resident of the outcome of the review.
23 (1) Leave The chief executive may grant a resident leave of absence from the residence in which he or she is detained for a specified time for any of the following purposes: (a) to undergo or receive medical or dental examinations or treatment: 30 35 19 Part 1 cl 24 Public Safety (Public Protection Orders) Bill (2) (b) (c) (d) to attend hearings in proceedings under this Act to which the resident is a party: to attend any other hearings in a proceeding if the at- tendance of the resident is required by the court or under an enactment: to attend a rehabilitation programme identified in the resident’s management plan: for humanitarian reasons.
(e) In deciding whether to grant leave under subsection (1)(d) and (e), the chief executive must have regard to— (a) whether the risk of serious sexual or violent offending during the duration of the leave is reasonably manage- able; and the extent to which the resident must be supervised while absent; and the benefit of the proposed leave to the resident and others.
(b) (c) (3) During the resident’s absence from the residence, the resident must be escorted and supervised by a person who has been directed to do so under section 63(1).
Rights of residents Rights of residents 24 (1) A resident has the rights of a person of full capacity who is not subject to a public protection order except to the extent that those rights are limited by— (a) (b) this Act; or any rules, guidelines or instructions, or regulations made under this Act; or a decision of the manager taken in accordance with this section.
(c) (3) (2) Without limiting the generality of subsection (1), the rights of a resident include the rights set out in sections 24 to 37.

The manager may limit the rights of a resident to the extent rea- sonably necessary to prevent the resident from harming him- self or herself or any other person or from disrupting the or- 35 derly functioning of the residence.
20 Public Safety (Public Protection Orders) Bill Part 1 cl 26 (4) (5) In making a decision that affects a resident, the manager must be guided by the following principles: (a) a resident must be given as much autonomy and quality of life as is compatible with the health and safety and well-being of the resident and other persons and the or- 5 derly functioning of the residence: a decision that adversely affects a resident must be rea- sonable and proportionate to the objective sought to be achieved.
(b) Residents must be given the opportunity to provide input into 10 the making of rules for the residence and into the running of the residence for the purpose of the orderly functioning of the resi- dence and the creation and maintenance of a residence com- munity.
Earnings from work 25 (1) A resident who is able to earn money by working in the resi- dence or in a prison, whether in a self-employed capacity or as an employee or a contractor, may perform that work— (a) (b) in the residence, with the approval of the manager; or in the prison in which the residence is physically lo- 20 cated, with the approval of the manager of that prison and the manager of the residence.
15 (2) A resident to whom subsection (1) applies may retain any money earned from that work, subject to section 37.

Right to legal advice 26 (1) A resident is entitled to obtain legal advice on his or her status as a resident and on any other relevant legal question.
(2) A residence manager must, so far as is reasonably practicable and consistent with the safety and security of the residence,— (a) 25 ensure that a resident is provided with adequate facil- 30 ities to prepare for legal proceedings to which the resi- dent is a party; and facilitate contact between the resident and any person (other than another resident) who provides advice or other assistance to help the resident prepare for those 35 proceedings.
(b) 21 Part 1 cl 27 Public Safety (Public Protection Orders) Bill 27 28 29 Right to vote A resident may be registered as an elector in accordance with the Electoral Act 1993 and may vote, within the residence, at elections in accordance with that Act, the Local Electoral Act 2001, or any enactment under which a referendum is held.

5 Recreational and cultural activities A resident may participate in recreational and cultural activ- ities within the residence.
to section 41, every resident Right to receive and send written communications and articles Subject is entitled to be promptly given any written communications or articles re- ceived for the resident and to the prompt dispatch of any written communications or articles put out by the resident for posting.

10 15 Access to media 30 (1) A resident must be given access to newspapers and, if Internet facilities are available in the residence, to Internet sites ap- proved by the manager.
Subsection (1) does not entitle a resident to unsupervised 20 access to the Internet or to the use of email.

(2) 31 Visitors and oral communications with people outside residence (1) A resident may receive visits from persons who have been permitted by the manager to visit the resident.

(2) A resident must be allowed access to a telephone or other elec- tronic communication device to communicate with persons with whom such communications are permitted by the man- ager.
Subsection (2) is subject to sections 44 to 56.

(3) 25 30 Right to medical treatment 32 (1) A resident is entitled to medical treatment and other health care appropriate to his or her condition.

22 (2) (3) 33 34 35 36 Public Safety (Public Protection Orders) Bill Part 1 cl 36 The standard of health care that is available to residents must be reasonably equivalent to the standard of health care avail- able to the public.
The manager must ensure that— (a) an adequate record of the care or treatment provided to 5 a resident is maintained; and full medical records (including dental records) of resi- dents or former residents are kept securely; and the medical record of any resident or former resident is kept separate from other information relating to the 10 resident.
(b) (c) Right to rehabilitative treatment A resident is entitled to receive rehabilitative treatment if the treatment has a reasonable prospect of reducing the risk to pub- lic safety posed by the resident.

15 Right to information A resident is entitled to be informed about rules, guidelines or instructions, entitlements, obligations, and decisions that affect the resident.
Respect for cultural identity A resident is entitled to be dealt with in a manner that respects the resident’s cultural and ethnic identity, language, and reli- gious or ethical beliefs.
20 Right to benefits A resident is not disentitled from obtaining a benefit (within 25 the meaning of the Social Security Act 1964) and, for the pur- pose of calculating such benefit, the resident is taken to be a patient in a hospital within the meaning of section 75(1) of that Act or section 19(1) of the New Zealand Superannuation and Retirement Income Act 2001, as the case requires.
30 23 Part 1 cl 37 Public Safety (Public Protection Orders) Bill (2) Receipts for residents to be paid into trust accounts 37 (1) All money earned by a resident or due to the resident as a bene- fit must be paid into a trust account operated by the residence manager for the resident.

The manager must deduct from a resident’s trust account any 5 amount required to be deducted under guidelines or instruc- tions to offset the cost of the resident’s care.
Residents may have access to funds held on their behalf in the trust account to dispose of as they see fit, subject to any reasonable limitation imposed in accordance with this Act.

(3) 10 (4) A resident must be paid all money held exclusively for that resident in a trust account when the resident is released from the residence under section 80.
If a resident dies while in legal custody, any money held for that resident in the trust account must be paid to the executor 15 or administrator of the resident’s estate.

(5) Subpart 4—Management of residents Management plans (2) Needs assessment 38 (1) As soon as practicable after a resident first commences to stay 20 in a residence, the manager of the residence must assess the needs of the resident in consultation with the resident.
The assessment must identify— (a) (b) (c) (d) any special medical requirements of the resident: any cultural or religious needs of the resident: any skills or capacities of the resident: steps to be taken to facilitate the resident’s rehabilitation and reintegration into the community.

25 (3) The assessment must have regard to the resident’s aspirations for his or her personal development, so far as those aspirations 30 are compatible with his or her detention in the residence.
39 Management plans (1) As soon as practicable after completion of the assessment under section 38, the manager must prepare a management plan for the resident.

35 24 (2) (3) 40 (1) Public Safety (Public Protection Orders) Bill Part 1 cl 40 The plan must be prepared in accordance with any relevant guidelines or instructions.
The plan must set out— (a) (b) (c) (d) (e) (f) (g) (h) (i) 5 the reasonable needs of the resident based on the assess- ment completed under section 38: the extent to which, and manner in which, those needs can reasonably be met within the residence: a personalised management programme for the goals of the resident that will contribute towards his or her eventual release from the residence and reintegration 10 into the community: the nature and extent of supervision required to protect the health and safety of the resident and others within the residence, including staff: where any right of the resident is to be limited, the na- 15 ture of, and the reasons for, the limit: any treatment and programmes that may be offered to the resident in accordance with section 33, and that the resident elects to receive or participate in: the intervals at which the manager must review the plan, 20 which must not exceed 12 months: any other matter required to be included in guidelines or instructions: any matters, consistent with this Act and any regula- tions, rules, or guidelines or instructions made under it, 25 that the manager considers necessary to meet the needs of the resident.
Reviews and variations of management plan The manager must review a resident’s management plan— (a) at the intervals stated in the management plan; and (b) whenever the court, the review panel, an inspector, or an Ombudsman recommends that the management plan be reviewed or changed; and whenever the manager receives a request, made by or on behalf of the resident, that the management plan be 35 changed, unless the manager is satisfied that the request is frivolous or vexatious or is not made in good faith; and (c) 30 25 Part 1 cl 41 Public Safety (Public Protection Orders) Bill (d) whenever the manager considers that a change in the cir- cumstances of the resident is likely to require a change to the management plan.
(2) If, following a review under subsection (1), the manager pro- poses to make a change to the management plan, the manager 5 must consult the resident about the proposed change.

(3) Where the review has been requested under subsection (1)(c) on behalf of the resident by another person, the con- sultation under subsection (2) must also include that other person.
10 (4) After taking into account any views expressed in the course of the consultation under subsection (2), the manager may change any matter in the management plan that was the subject of that consultation.
Monitoring of written communications and articles 41 Checking and withholding of written communications and articles in certain cases (1) A provision in a resident’s management plan may state that the resident— (a) (b) is not to send written communications or articles to a named person or a class of persons: is not to receive written communications or articles from a named person or a class of persons.
15 20 If there are reasonable grounds for believing that the receipt 25 by, or the dispatch on behalf of, a resident of any written com- munication or article may contravene the resident’s manage- ment plan or may otherwise be detrimental to the interests and treatment of the resident or of other persons, the manager of the residence may direct that the communication or article be 30 checked.
If, on checking a written communication or article under sub- section (2), the manager considers that the receipt or dis- patch of the communication or article contravenes the resi- dent’s management plan or may otherwise be detrimental to 35 the interests of the resident or of other persons, the manager (2) (3) 26 Public Safety (Public Protection Orders) Bill Part 1 cl 43 may direct that the communication or article be withheld from the resident or not be dispatched, as the case requires.
Compare: 1992 No 46 ss 123(1), (2), 124(1)–(3) 42 Written communications or articles not to be withheld if sent by or to certain persons 5 (1) Despite section 41, a written communication or an article must not be checked or withheld from a resident if it is sent by, or on behalf of, any of the persons described in subsection (3).
(3) (2) Despite section 41, a written communication or an article 10 must be dispatched, without being checked, if it is addressed to any of the persons described in subsection (3).
The persons referred to in subsections (1) and (2) are— (a) (b) a member of Parliament: a Judge or an officer of the court, or a member or an 15 officer of another judicial body: an Ombudsman: the Privacy Commissioner: the Health and Disability Commissioner: a Human Rights Commissioner: an inspector: a lawyer: a health professional: a minister of religion.
(c) (d) (e) (f) (g) (h) (i) (j) Compare: 1992 No 46 s 123(3) 20 43 (1) Procedure where written communication or article withheld If the manager withholds a written communication or an art- icle under section 41 from a resident, the communication or article must be dealt with as follows: (a) if the address of the sender is known to the manager, it must be returned to the sender: if the address of the sender is not known to the manager, it must either be— (i) sent to an inspector; or (b) 27 25 30 35 Part 1 cl 44 Public Safety (Public Protection Orders) Bill (ii) produced to the inspector when he or she next visits the residence after the receipt of the com- munication or article.
If the manager directs, under section 41, that a written com- munication or an article not be sent, the communication or art- 5 icle must either be— (a) (b) sent to an inspector; or produced to the inspector when he or she next visits the residence following the resident’s request for the communication or article to be sent.
If a written communication or article is withheld or not sent under section 41, the resident must be informed of the fact, unless the manager is satisfied that to do so would be detri- mental to the interests of the resident or of another person.
Telephone calls may be monitored 10 15 Interpretation In this section and in sections 45 to 55, unless the context otherwise requires,— completely erased means erased so that it is not retrievable contracted provider means a person engaged by the chief ex- 20 ecutive to provide services in connection with telephone moni- toring device, in relation to a telephone call, includes any answering machine, computer, fax, printer, tape recorder, or telephone disclose a resident call means to disclose the substance, 25 meaning, or purport of a resident call, or of any part of it; and includes— (a) to allow any person to listen to or read a recording of a resident call; and to give or lend to any person a recording of a resident 30 call (b) eligible employee means a person who is an employee of the chief executive, an employee of a contractor, an employee of a contracted provider, or a contracted provider exempt call means a resident call to which section 47 applies 35 information includes data in digital form (2) (3) 44 28 Public Safety (Public Protection Orders) Bill Part 1 cl 45 monitor means to do any or all of the following: listen to, record, and take notes from: (a) (b) listen to, read, and take notes from a recording of recording, in relation to a resident call, means any means by which all or any part of the call has been captured; and in- 5 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, 10 or written translation of a transcript, of the call (c) resident call— (a) means any information transmitted by means of a tele- phone call to which a resident is a party that is con- ducted while the resident is in the residence; and includes part of a resident call (b) telephone call means a call made, using any part or parts of 1 or more telephone systems, between a device and any other device or devices telephone system includes a telephone network translate includes to decode and decrypt; and translation has a corresponding meaning.
Compare: 2004 No 50 s 111 15 20 45 (1) Purposes of monitoring resident calls The principal purpose of monitoring resident calls is to in- 25 crease the safety of the community by making it easier to— (a) prevent and discourage the commission of offences by, for the benefit of, or with the help or encouragement of, residents; and detect and investigate offences committed by, for the 30 benefit of, or with the help or encouragement of, resi- dents; and prosecute, convict, and punish— (i) residents who commit offences, or who help or encourage other people to commit offences; and 35 (b) (c) 29 Part 1 cl 46 Public Safety (Public Protection Orders) Bill (ii) people who commit offences for the benefit of, or with the help or encouragement of, residents; and (d) prevent and discourage escapes from residences.
(2) Monitoring resident calls also has the purpose of making it 5 easier to— (a) maintain the security, good order, and discipline of resi- dences; and protect the safety of residents.

(b) Compare: 2004 No 50 s 112 10 Resident calls that may be monitored 46 (1) Any resident 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 15 to believe that it is an exempt call.
(3) A person listening to a resident call or a recording of a resident call under this Act who forms the view that there are reason- able grounds to believe that it is an exempt call— (a) must promptly stop listening to it; and (b) must take all practicable steps to ensure that every recording of it is destroyed or completely erased.

20 (4) Subsection (2) is subject to subsection (3).
Compare: 2004 No 50 s 113 Certain resident calls must not be monitored 47 (1) A resident call to which subsection (2) applies is exempt 25 from monitoring under this Act.
This subsection applies to a resident call if, and only if, it is— a call between a resident and a member of Parliament; (a) or a call, relating to the resident’s legal affairs, between a resident and a lawyer— (i) (ii) with whom the resident is discussing the possi- who acts for the resident; or (b) 30 bility of the person’s acting for the resident; or 35 (2) 30 (c) (d) (e) (f) Public Safety (Public Protection Orders) Bill Part 1 cl 48 5 (vi) a call between a resident and a person acting, in respect of the resident, in an official capacity as— (i) (ii) (iii) (iv) (v) an Ombudsman; or an inspector; 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- 10 thority; or the Children’s Commissioner; or (vii) (viii) a Justice of the Peace; or a call between a resident and a person acting, in his or her official capacity, on behalf of the International 15 Criminal Court; or a call between a resident and a person (other than a resident) who— (i) is a person of a kind or description for the time being exempted from monitoring under this Act 20 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 resident and a person (other than a 25 resident) for the time being exempted from monitoring under this Act by the chief executive.
Compare: 2004 No 50 s 114 Only certain persons may monitor resident calls 48 (1) No person other than the chief executive or a person who is an 30 eligible employee authorised by the chief executive to moni- tor resident calls (in subsection (2), and sections 50, 51, and 53 referred to as an authorised person) may monitor a resident call under this Act.
(2) A person authorised to monitor resident calls under subsec- 35 tion (1) ceases to be an authorised person if— (a) (b) the chief executive cancels the authority; or the person ceases to be an eligible employee.
31 Part 1 cl 49 Public Safety (Public Protection Orders) Bill (3) A person to whom subsection (4) applies may listen to a resi- dent call or a recording of a resident call, or read a transcript of a resident call, if doing so is necessary for, or incidental to 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) (4) by or from which recordings of resident calls are made; 10 or in which recordings of resident calls are stored.

(b) Subsection (1) is subject to subsection (2) and to section 50(4) to (6).
Compare: 2004 No 50 s 115 15 (5) 5 49 Warnings The chief executive must take all practicable steps to ensure that,— (a) on or reasonably promptly after being admitted to a resi- dence, residents are informed in writing— (i) that some of their telephone calls may be moni- tored; and 20 (ii) which types of call are exempt from monitoring; (iii) and the purposes for which information obtained 25 from monitoring may be used; and (b) there are prominently placed in every residence, near telephones that residents are authorised to use, written notices— (i) warning residents that their telephone calls (other 30 than exempt calls) may be monitored; and stating in general terms the purposes for which information obtained from monitoring may be used; and (ii) (c) at the start of every outward resident call that is being 35 or is to be monitored, the resident hears, and there is 32 Public Safety (Public Protection Orders) Bill Part 1 cl 50 transmitted to the device to which the call is made, a message to the effect that the call may be monitored.
Compare: 2004 No 50 s 116 Authorised disclosure of information 50 (1) An authorised person may disclose a resident call for a purpose 5 set out in section 45 as a purpose of monitoring resident calls.
(2) An authorised person may disclose a resident call if the au- thorised person believes on reasonable grounds that the dis- closure— (a) is necessary to avoid prejudice to the maintenance of the 10 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 15 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.
20 (b) (c) (d) (3) An authorised person may disclose a resident call to the resi- dent concerned.

(4) An authorised person who is listening to a resident call may 25 allow any eligible employee to listen to the call for the purpose of interpreting it.

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

Compare: 2004 No 50 s 117 33 Part 1 cl 51 Public Safety (Public Protection Orders) Bill Restrictions on disclosure of information 51 (1) An authorised person must not knowingly disclose a resident call otherwise than under section 50 or in accordance with the Privacy Act 1993.
(2) An authorised person who is listening to a resident call must 5 not knowingly allow any other person to listen to it, except under section 50.

(3) An eligible employee (other than an authorised person) who, under section 50, has been allowed to listen to a resident call or a recording of a resident call, or to read a transcript of a 10 resident call, must not knowingly disclose the call except to an authorised person.
(4) A person who, under section 50(2), has heard a resident call or a recording of a resident call, or read a transcript of a resi- dent call, must not knowingly disclose the call except to an 15 authorised person.

Compare: 2004 No 50 s 118 20 25 Application of Privacy Act 1993 The Privacy Act 1993 applies to the monitoring of resident calls under sections 45 to 55.
Compare: 2004 No 50 s 119 Destruction of recordings The chief executive must take all practicable steps to ensure that every recording of a resident call held by the chief execu- tive is destroyed, or completely erased,— (a) on or before the expiration of the period of 6 months after the call was made; or as soon after that expiration as it appears that no infor- mation contained in it would be likely to be— (i) (b) required for the purposes of an investigation into 30 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 35 prosecution for an offence; or (ii) (iii) 52 53 (1) 34 Public Safety (Public Protection Orders) Bill Part 1 cl 53 (iv) required to be disclosed under the Privacy Act 1993. 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, 5 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 resident call held by the Police or that department that was obtained by the monitoring of the 15 call under this Act is destroyed, or completely erased, as soon as it appears that no proceedings (or no further proceedings) will be taken in which any information contained in it would be likely to be required to be produced in evidence.
(3) 10 (4) Nothing in subsections (1) and (3) applies to any record of 20 any information adduced in proceedings in any court or tri- bunal.

Subsection (6) applies if— (a) (5) 2 or more recordings of resident calls are stored in such a way that it is not practicable to destroy or completely 25 erase one without destroying or completely erasing the others; and subsection (1) requires the destruction or complete erasure of 1 or more, but not all, of them.
(b) (6) If this subsection applies, an authorised person may arrange 30 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- 35 sible in evidence to the same extent that the destroyed record- ing it is a copy of would have been.
Compare: 2004 No 50 s 120 35 Part 1 cl 54 Public Safety (Public Protection Orders) Bill Notice to be given of intention to produce evidence of recording Particulars of a recording of a resident call must not be re- ceived in evidence by any court against any person unless the party intending to offer it has given the person reasonable no- 5 tice of the party’s intention to do so, together with— (a) either— (i) (ii) a transcript of the recording, if the party intends to offer it in the form of a recording; or a written statement setting out the full particulars 10 of the recording, if the party intends to offer oral evidence of it; and (b) a statement of the time, place, and date of the call, and of the names and addresses of the parties to the call, if they are known.
Compare: 2004 No 50 s 121 Privileged evidence This subsection applies to evidence that— (a) (b) has been obtained by the monitoring of a resident call under sections 45 to 54; and but for the monitoring, would have been privileged by virtue of— (i) any provision of subpart 8 of Part 2 of the Evi- dence Act 2004; or any rule of law governing legal professional priv- 25 ilege.
(ii) Evidence to which subsection (1) applies remains privileged, and must not be given in any court except with the consent of the person entitled to waive the privilege.
Compare: 2004 No 50 s 122 30 Restrictions on contacts with persons outside residence Visits from, or oral communication with, certain persons may be excluded The residence manager may decline to permit a resident to 35 receive visits from any person or to communicate orally with any person if there are reasonable grounds for believing that 15 20 54 55 (1) (2) 56 (1) 36 Public Safety (Public Protection Orders) Bill Part 1 cl 57 such visits or communications are likely to be harmful to the resident or to any other person or to the orderly functioning of the residence.
(2) Visits from, or oral communications with, a person specified in section 42(3) may not be declined, but any visit that, in 5 the opinion of the residence manager unduly interferes with the programme of the residence, may be rescheduled to a rea- sonable time and date agreed on by the manager, the visitor, and the resident.

(3) Any decision taken under subsection (1) must be recorded 10 in a register as prescribed in guidelines or instructions.
Searches 57 (1) Search of residents and residence For the purpose of detecting a prohibited item or an item that may endanger the health and safety of a resident or any other 15 person, the residence manager, a staff member of the resi- dence, or a corrections officer may conduct— (a) (b) a search of any resident: a search of the residence or any part of the residence.
(2) A search conducted under subsection (1)(a) may include a 20 strip-search of the resident if the person conducting the search has reasonable grounds for believing that the resident has in his or her possession any item of the kind referred to in sub- section (1).

Every resident must be strip-searched by the residence man- 25 ager, a staff member of the residence, or a corrections officer when the resident enters or leaves the prison within which the residence is physically located.
(3) (4) Despite subsections (1) and (2), a corrections officer may not search a resident while the resident is in the residence.

30 (5) Despite subsection (2), a resident may not be strip searched under that subsection by a person other than the residence manager without the prior approval of that manager.

(6) Any search conducted under this section must comply with any guidelines or instructions issued that are relevant to the 35 conduct of searches.
37 Part 1 cl 58 Public Safety (Public Protection Orders) Bill Drug or alcohol tests 58 (1) (2) (3) Resident may be required to submit to drug or alcohol test If the manager has reasonable grounds to believe that a resi- dent has used drugs (other than drugs prescribed for the resi- dent under the Medicines Act 1981, or consumed alcohol with- 5 out permission, the manager may require the resident to submit to a test for the purpose of detecting whether the resident has used drugs, consumed alcohol, or both.
The tests administered under subsection (1) must comply with any guidelines or instructions that are relevant to the ad- 10 ministration of such tests.

The guidelines or instructions may specify the kinds of sample that a resident may be required to supply (including, without limitation, a sample of saliva, hair, breath, or urine, or other bodily sample) and the circumstances and manner in which 15 any sample is to be supplied.
(4) However, in no case may a resident be required to supply a sample of his or her blood.

59 Resident must be informed of results of test If, under section 58, a resident submits to a test, the man- 20 ager must ensure that the resident is informed, promptly and in writing, of the result of the procedure.
Compare: 1954 No 51 s 36BC Restrictions on use of result of test 60 (1) Neither the fact that a resident has been required, under sec- 25 tion 58, to submit to a drug or alcohol test nor any information obtained from that test is admissible as evidence against any resident or any other person in any proceedings other than any application under section 15, 16, 72, 75, or 76.
To avoid doubt, subsection (1) does not prevent any fact 30 or information from being presented to, or considered by, the review panel.
(2) 38 61 (1) (2) (3) (4) Public Safety (Public Protection Orders) Bill Part 1 cl 61 Seclusion 5 Seclusion For the purposes of this section, seclusion, in relation to a resident, means placing the resident without others in a room or other area that— (a) provides a safe environment for the resident throughout the resident’s stay in the room or area; but does not allow the resident to leave without help.
(b) The manager may place a resident in seclusion if it is necessary to prevent the resident from doing 1 or more of the following: 10 endangering the health or safety of the resident or of (a) others: seriously compromising the care and well-being of other persons: significantly disrupting the orderly functioning of the 15 residence.
(b) (c) The manager who places a resident in seclusion— (a) must ensure that the resident is not placed in seclusion for longer than is necessary to achieve the purpose of placing the resident in seclusion; and (b) must comply with guidelines or instructions that are 20 relevant to placing the resident in seclusion.
The following provisions must be followed when a resident is placed in seclusion: (a) in cases other than an emergency, seclusion must be 25 authorised by the manager personally: in an emergency, a resident may be placed in seclusion, without the prior authority of the manager, by a person who, under a delegation given by the manager, has im- mediate responsibility for the resident, but that person 30 must immediately bring the case to the attention of the manager: the duration and circumstances of each episode of seclu- sion must be recorded in a register kept in accordance with guidelines or instructions.
35 (b) (c) Compare: 2003 No 116 s 60 39 Part 1 cl 62 Public Safety (Public Protection Orders) Bill Restraint Restraint of residents 62 (1) A residence manager may restrain a resident if that is neces- sary to prevent the resident from doing 1 or more of the fol- lowing: (a) endangering the health or safety of the resident or of others: seriously damaging property: seriously compromising the care and well-being of the resident or of other persons.
(b) (c) (2) A resident may not be restrained under subsection (1) by the application of a mechanical restraint if— (a) 1 or more authorised individuals can personally restrain the resident to achieve the purpose for which the resi- dent is to be restrained; and it is reasonably practicable for those individuals to do so.
(b) 5 10 15 The following provisions must be followed when a resident is restrained: (a) (b) (c) (d) (e) a person exercising the power of restraint may not use a 20 greater degree of force, and may not restrain the resident for longer, than is required to achieve the purpose for which the resident is restrained: no resident may be kept under mechanical restraint for more than 24 hours unless the restraint is approved in 25 writing by a medical practitioner: a person exercising the power of restraint must comply with guidelines or instructions that are relevant to the restraint of the resident: in cases other than an emergency, the restraint of a resi- 30 dent must be authorised by the manager personally: in an emergency, a resident may be restrained, without the prior authority of the manager, by a person who, under a delegation given by the resident’s manager, has immediate responsibility for the resident, but that per- 35 son must immediately bring the case to the attention of the manager: (3) 40 Public Safety (Public Protection Orders) Bill Part 1 cl 64 (f) the duration and circumstances of each episode of re- straint must be recorded in a register kept in accordance with guidelines or instructions.
Compare: 2003 No 116 s 61 Escort of persons subject to detention orders 63 (1) A staff member of the residence, corrections officer, or Police employee who is directed by the chief executive or the resi- dence manager to escort a person subject to an interim deten- tion order or a public protection order to or from a place or to supervise that person while outside the residence or a prison 10 has, in relation to that person, all the functions and powers spe- cified in subsections (2) and (3).
5 15 (2) A person who may exercise any power under subsection (1) may use any force, and apply any mechanical restraint, that is reasonably necessary for that purpose.
The functions and powers, in relation to the person described in subsection (1), are— (a) (b) (3) preventing that person’s escape from lawful custody: preventing, or detecting and reporting on, the commis- sion or attempted commission by that person of unlaw- 20 ful acts: ensuring good order and discipline on that person’s part: attending to that person’s well-being: attending to the security of any property of that person that is in that person’s possession.
25 (c) (d) (e) Emergencies 64 (1) In emergency, manager of prison may assist manager of residence If there is an emergency in a residence, the manager of the prison in which the residence is physically located may, on 30 request by the residence manager, direct 1 or more corrections officers to assist in restoring order at the residence.
(2) A corrections officer who is directed under subsection (1) may— (a) apply any physical force that is reasonably necessary to 35 prevent residents from— 41 Part 1 cl 65 Public Safety (Public Protection Orders) Bill (i) (ii) harming, or continuing to harm, themselves or others; or damaging, or continuing to damage, property; and detain and take to a prison any resident who appears to 5 pose such an unacceptably high risk to the resident or to others, or to both, that the resident cannot be safely managed in the residence.
(b) (3) An officer who uses physical force for any of the purposes referred to in subsection (2) may not use any more physical 10 force than is reasonably necessary in the circumstances.
(4) A resident who is taken to a prison under subsection (2)(b) may be detained in the prison, but if the resident’s detention exceeds a period of 24 hours, the chief executive must, within the next working day after the day on which that period of 24 15 hours expires, apply to the court, in respect of the resident, for a prison detention order and an interim detention order.

If the court declines to grant an application under subsection (4), the resident must be immediately returned to a residence.
In this section, emergency means a state of affairs, brought 20 about by the conduct of 1 or more persons in a residence, that leads the residence manager reasonably to believe that persons or property in the residence cannot be protected from harm or damage without assistance.
Compare: 2004 No 50 s 83(2) (5) (6) 25 Subpart 5—Inspections and complaints into alleged breaches of rights Visits by inspectors 65 (1) An inspector must visit each residence for which he or she is (2) responsible at regular intervals in each year.

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

(3) An inspector may, without previous notice, visit a residence as often as the inspector thinks fit.
30 35 42 Public Safety (Public Protection Orders) Bill Part 1 cl 68 (4) An inspector may visit a residence at any time and for any length of time that the inspector thinks fit.

Compare: 1992 No 46 s 96 Inspectors’ access to persons and documents 66 (1) An inspector who visits a residence for the purposes of this 5 (2) Act must be given access to every part of the residence and to every person in it, whether or not that person is a resident under this Act.
The manager must present to the inspector the following docu- ments: (a) every record relating to a resident, including the resi- dent’s court order and management plan: every communication or article withheld by the man- ager under section 41.

(b) Compare: 1992 No 46 s 97 10 15 Complaints about breaches of rights 67 (1) Anyone may complain to an inspector about the breach of a (2) resident’s rights.
The manager or staff member of a residence who receives a complaint about a breach of the resident’s rights must refer 20 the complaint to an inspector.

Investigation by inspectors 68 (1) An inspector may, on his or her own initiative or on receipt of a complaint, commence an investigation into an alleged breach of this Act or of regulations made under this Act or of any 25 guidelines or instructions.
(2) An inspector who receives an oral or written complaint made by or on behalf of a resident must investigate the complaint unless satisfied that the complaint is frivolous or vexatious or is not made in good faith.
If, after investigating the complaint, the inspector is satisfied that the complaint has substance, the inspector must— (a) conduct an inquiry under section 70 into the com- plaint; or (3) 30 43 Part 1 cl 69 Public Safety (Public Protection Orders) Bill (b) report the matter, together with any recommendations, to the manager.

(4) The inspector must send a copy of any report prepared under subsection (3)(b) to the chief executive.
Compare: 2003 No 116 s 98 5 69 Resident to be informed of outcome of investigation (1) On receiving a report on an investigation under section 67(3)(b), the manager must report in writing the outcome of the investigation to— (a) the resident whose rights were in issue in the investiga- 10 tion; and any person who complained on behalf of the resident.
(b) If the resident is not satisfied with the outcome of the com- plaint, he or she may request the chief executive to examine the complaint, and the chief executive must consider if further 15 investigation is warranted.

Compare: 1992 No 46 s 75 (2) Inquiries by inspector 70 (1) Any inspector may inquire into an alleged breach of this Act (2) (3) or of regulations made under this Act or of any guidelines or 20 instructions.
The chief executive may direct an inspector to conduct an in- quiry under subsection (1), and that inspector must comply with that direction.

For the purpose of conducting an inquiry under this Act, an 25 inspector has the same powers and authority to summon wit- nesses and receive evidence as are conferred on commissions of inquiry by the Commissions of Inquiry Act 1908; and the provisions of that Act, except sections 11 and 12 (which relate to costs), apply accordingly.
30 (4) As soon as practicable after concluding an inquiry under this section, the inspector must send a full report of the inquiry to— (a) (b) the manager and to the chief executive; and if applicable, the resident whose rights were in issue in the investigation; and 35 44 71 72 (1) (2) Public Safety (Public Protection Orders) Bill Part 1 cl 73 (c) if applicable, any person who complained on behalf of the resident.
Compare: 1992 No 46 s 95 Duty of manager to correct deficiencies On receiving a report under section 68(3)(b) or 70(4)(a), the 5 manager must take all steps reasonably necessary to correct every deficiency identified in the report.

Compare: 2003 No 116 s 100 Subpart 6—Prison detention orders Order for detention in prison The court may, on the application of the chief executive, order that a person subject to a public protection order be detained in a prison instead of a residence.
The court may make an order under subsection (1) only if satisfied that— (a) 10 15 the person would, if detained or further detained in a residence, pose such an unacceptably high risk to him- self or herself or to others, or to both, that the person cannot be safely managed in the residence; and all less restrictive options for controlling the behaviour 20 of the person have been considered and any appropriate options have been tried.
(b) (3) The court may make an order under subsection (1) against a person immediately after making a public protection order against that person.

25 (4) A prison detention order ceases to have effect if the person against whom it is made ceases to be subject to a public pro- tection order.
73 Rights and obligations of person subject to prison detention order A person who is subject to a prison detention order, during the currency of that order,— (a) must be treated in the same way as a prisoner who is committed to prison solely because he or she is awaiting trial; and 30 35 45 Part 1 cl 74 Public Safety (Public Protection Orders) Bill (b) (c) has the rights and obligations of such a prisoner; and has all the rights conferred on residents by this Act, to the extent that those rights are compatible with the provisions of the Corrections Act 2004 that apply to prisoners described in paragraph (a).
Review by review panel Review of prison detention orders by review panel 74 (1) During the currency of a prison detention order, the review panel must review the continuing justification of the order— (a) (b) within 1 month after the order is made; and then— (i) 5 10 (ii) within every succeeding 6 months after the most recent previous review of the order by the review panel; but if an application (other than an application for 15 leave) under section 75 or 76 is pending before the court, within 6 months after the date on which the application is determined or withdrawn.
(2) Despite subsection (1)(b), the review panel is not to conduct a review of a prison detention order at any time while an appli- 20 cation (other than an application for leave) under section 75 or 76 in respect of that order is pending before the court and, if that order continues in effect after the application to the court is determined or withdrawn, the review panel must conduct the next review 6 months after the date of that determination 25 or withdrawal.
If the review panel considers that the person subject to the prison detention order is no longer eligible to have an order under section 72 imposed on him or her, the review panel may direct the chief executive to apply to the court for a review 30 of the order under section 75.
(3) 46 Public Safety (Public Protection Orders) Bill Part 1 cl 78 Review by court 75 Application by chief executive for review of prison detention order (1) During the currency of a prison detention order, the chief ex- ecutive must apply to the court for a review of the continuing 5 justification of the order— (a) (b) within 1 year after the order is made; and then, after the first or any subsequent review, at intervals not exceeding 1 year after each previous review; and whenever the review panel directs the chief executive 10 to apply.
(c) (2) 76 77 78 For the purpose of calculating any period specified in subsec- tion (1), if the court grants leave for an application under sec- tion 76, the period is suspended until the application is deter- mied or withdrawn.

Application for cancellation by person subject to prison detention order A person who is subject to a prison detention order may, with the leave of the court, apply to the court for the cancellation of the order.
15 20 Court must be provided with relevant reports on person subject to prison detention order On an application under section 75 or 76, the court must be provided with all reports provided to the review panel and may call for any further or supplementary reports by any per- 25 son, including the chief executive, the manager of the prison in which the person subject to the prison detention order is de- tained, and any health assessor.
Cancellation of prison detention order The court may, on an application under section 75 or 76, 30 cancel a prison detention order if satisfied that the person sub- ject to the prison detention order is no longer eligible to have an order under section 72 imposed on him or her.
47 Part 1 cl 79 Public Safety (Public Protection Orders) Bill Consequence of cancellation of prison detention order Where, as a result of the cancellation under section 78, a per- son ceases to be subject to a prison detention order but con- tinues to be subject to a public protection order, the person must be transferred from prison to a residence and then has 5 the status, rights, and obligations of a resident under this Act.
Subpart 7—Protective supervision Replacement of public protection order with protective supervision order If, following a review under section 17, the court is satisfied 10 that there is no longer a very high risk of imminent serious sexual or violent offending by the person who is subject to the public protection order, the court must— (a) (b) If the court imposes a protective supervision order on a person, the chief executive must notify every victim of the person of that order.
cancel the public protection order; and impose a protective supervision order on the person.
15 Requirements may be included in protective supervision order The court may include in any protective supervision order under section 80 any requirements that the court considers necessary to— (a) reduce the risk of reoffending by the person under pro- tective supervision; or facilitate or promote the rehabilitation and reintegra- tion into the community of the person under protective supervision; or provide for the reasonable concerns of victims of the person under protective supervision.
(b) (c) Notification of requirements Notice of any requirements imposed by the court on a person under a protective supervision order must be provided, in writ- ing, to the following: (a) the person under protective supervision: 20 25 30 35 79 80 (1) (2) 81 82 48 Public Safety (Public Protection Orders) Bill Part 1 cl 86 the chief executive: the Police.
(b) (c) Compare: 2002 No 10 s 107K(8) 83 (1) Court may vary requirements of protective supervision order The chief executive or the person subject to a protective super- vision order may apply to the court at any time for a variation or the discharge of a requirement of a protective supervision order.

5 (2) On a review under section 86 or on an application under sub- 10 section (1), the court may vary or discharge any requirement forming part of the order.
84 85 86 (1) Review panel may modify requirements to render them less restrictive The review panel may, on an application by the chief executive 15 or the person subject to a protective supervision order, modify a requirement of a protective supervision order, but only if the review panel is satisfied that the modification will render the requirement less restrictive.
Notification of changes If the requirements of a protective supervision order are varied or discharged, the chief executive must give notice of the vari- ation or discharge to— (a) (b) (c) Compare: 2002 No 10 s 107O(1) the person subject to the protective supervision order: the probation officer involved: the Police.
20 25 Application by chief executive for review of protective supervision order The chief executive must apply to the court for a review of a 30 protective supervision order— (a) (b) (c) within 5 years after the order is made; and then within 5 years after the first review; and then at intervals of not more than 10 years.

49 Part 1 cl 87 Public Safety (Public Protection Orders) Bill (2) 87 The chief executive may apply at any time for a review of the protective supervision order.
Application for review by person subject to protective supervision order A person who is subject to a protective supervision order may, 5 with the leave of the court, apply to the court for a review of the order.

Review of protective supervision order 88 (1) On a review of a protective supervision order, the court must be provided by the chief executive with current reports on the 10 person subject to the order.
(2) On a review, the court must consider the continuing appropri- ateness of the requirements included in the protective supervi- sion order and, where the court has jurisdiction under section 89, whether the order should be cancelled.
15 (2) Cancellation of protective supervision order 89 (1) On a review or on an application made for the purpose by the chief executive or the person who is subject to a protective supervision order, the court may cancel the order if, during a period of 5 years in which the person has been subject to the 20 order, the person has neither— committed any serious sexual or violent offences; nor (a) breached any requirements included in the order.
(b) If a protective supervision order is cancelled, the chief execu- tive must give notice of the cancellation to— (a) (b) (c) (d) the person under protective supervision: the probation officer involved: the Police: every victim of the person formerly subject to protect- ive supervision; but the chief executive may withhold 30 notice of a particular matter if disclosure of the matter would unduly interfere with the privacy of any other person (other than the person formerly subject to pro- tective supervision).
25 50 Public Safety (Public Protection Orders) Bill Part 2 cl 92 90 Offence to breach protective supervision order A person who is subject to a protective supervision order and who breaches, without reasonable excuse, any requirements included in that order is liable on conviction to imprisonment for a term not exceeding 2 years.
5 Part 2 Procedural, administrative, and miscellaneous matters Subpart 1—Procedural matters Procedure governing applications to court 10 Service of applications 91 (1) When the chief executive makes an application to the court under this Act, the person to whom the application relates must be served personally with— (a) (b) a copy of the application; and copies of any affidavits accompanying the application; and a copy of any health assessor’s report to be provided to the court; and a notice setting out the respondent’s rights and the pro- 20 cedures relating to the application.
(c) (d) 15 (2) 92 (1) (2) (3) (4) The service must comply with the High Court Rules governing personal service.

Respondent who fails to appear may be brought to court If a respondent who has been duly summoned to attend a hear- 25 ing fails to appear at the hearing, the Judge may issue a warrant for the respondent to be detained and brought before the court.

The warrant must be directed to every constable.

The warrant may be executed by any constable.


For the purposes of executing the warrant, the constable exe- 30 cuting it may at any time enter any premises, by force if ne- cessary, if he or she has reasonable grounds to believe that the respondent is on those premises.
51 Part 2 cl 93 Public Safety (Public Protection Orders) Bill 93 (1) Court may order interim detention of, or interim imposition of conditions on, respondent This section applies when, before an application for a public protection order is finally determined, 1 or more of the follow- ing events occur: (a) (b) a respondent is released from detention: a respondent who is subject to an extended supervision order ceases to be subject to conditions of the kind re- ferred to in section 7(1)(b) or (c): the respondent is brought before the court under sec- 10 tion 92: the court orders further assessment reports on the re- spondent under section 12: a respondent to whom section 7(1)(d) applies arrives in New Zealand.
(c) (d) (e) 15 5 (2) The court may, on an application by the chief executive, order that, until the application for a public protection order is finally determined, the respondent is to be detained by a person, and in a place, specified in the order.

(3) When the court makes an order under subsection (2) (an in- 20 terim detention order), the court may suspend that order sub- ject to any conditions that the court thinks fit.
(4) An order under this section ceases to have effect when the application for a public protection order is finally determined or discontinued.

25 Evidence in proceedings under this Act In a proceeding under this Act, a court may receive as evi- dence any statement, document, information, or matter that it considers relevant, whether or not it would be otherwise ad- missible in a court of law.
Court may determine whether hearings are held in open or closed court The court may determine whether to hold any hearing related to a public protection order, prison detention order, or protect- ive supervision order in closed or open court.
30 35 94 95 52 96 (1) (2) 97 (1) Public Safety (Public Protection Orders) Bill Part 2 cl 97 Court may suppress evidence and submissions The court may make an order forbidding publication of any report or account of the whole or any part of the evidence given or the submissions made in any proceeding under this Act.
The court may make an order under subsection (1) only if 5 the court is satisfied that publication would be likely to— (a) cause undue hardship to any victim of a person subject to an order under this Act or against whom such an order is sought; or endanger the safety of any person; or lead to the identification of a person whose name is sup- pressed by order or by law; or prejudice the maintenance of the law, including the pre- vention, investigation, and detection of offences; or prejudice the security or defence of New Zealand.
10 15 (b) (c) (d) (e) Matters governing reviews by review panel Reports to be provided to review panel For the purposes of any review under section 14 or 74, the chief executive must provide the review panel with— (a) 25 a copy of the public protection order made against the 20 person and, where applicable, of the prison detention order and of all reports about the person that were before the court when either order was made; and a copy of the report on the most recent assessment of the person by a health assessor; and in the case of a resident, the resident’s management plan and a report by the manager of that residence; and in the case of a person subject to a prison detention order, a report by the manager of the prison; and in the case of a person currently detained in, or on leave 30 from, a hospital, a report from the responsible clinician (or the most suitable other health professional to pro- vide such a report) concerning the person and any care programmes that the hospital has put, or intends to put, in place for the person; and any further or supplementary reports requested by the review panel, to be provided by any person, includ- ing the chief executive, the manager of the prison or 35 (b) (c) (d) (e) (f) 53 Part 2 cl 98 Public Safety (Public Protection Orders) Bill (2) 98 99 (1) (2) the residence in which the person is detained, and any health assessor.
The responsible clinician (or other health professional) re- ferred to in subsection (1)(e) must, on request by the chief executive, supply a report on the person to the chief executive.

5 Interview of person For the purposes of any review under section 14 or 74, the review panel must interview the person who is subject to a public protection order or prison detention order, unless the person indicates to the review panel that he or she does not 10 wish to be interviewed.
Subpart 2—Matters relating to management or administration Establishment of residences The Minister may, by notice in the Gazette, declare any build- 15 ing located in prison precincts or any part of that building and any land adjacent to that building to be a residence.

Before making a declaration under subsection (1), the Min- ister must be satisfied that the proposed residence will be sep- arate and secure.
20 (3) When the notice takes effect, the building or the part of the building and any adjacent land are excluded from the prison and cease to be subject to the Corrections Act 2004.
(4) Despite subsection (2), for the purposes of the Resource Management Act 1991, the land specified in the notice con- 25 tinues to be part of the prison in which it is located and the use of the land as a residence is deemed to be an authorised use under any existing designation or provisions of any plan that applies to the prison under that Act.

Every notice under this section takes effect from the date spe- 30 cified in the notice.
The building or the part of the building and any adjacent land declared to be a residence may be described in the notice in any way that is sufficient to identify it.
(5) (6) 54 Public Safety (Public Protection Orders) Bill Part 2 cl 101 100 Appointment of residence manager (1) For every residence that is not subject to a residence manage- ment contract, the chief executive must appoint under the State Sector Act 1988— (a) (b) (c) a suitable person as the residence manager; and a suitable person as the deputy residence manager; and as many other suitable persons as are required as em- ployees for the purposes of the residence.
(2) For every residence that is subject to a residence management contract, the contractor must appoint— (a) (b) (c) a suitable person as the residence manager; and a suitable person as the deputy residence manager; and as many other suitable persons as are required as em- ployees for the purposes of the residence.

5 10 (3) A person must not perform any functions under the Correc- 15 tions Act 2004 while that person is a residence manager or an employee for the purposes of the residence.
101 Powers and functions of residence managers (1) The residence manager has, in relation to the residence for which the manager is appointed as manager, the following 20 powers and functions: (a) ensuring that the residence operates in accordance with the objective set out in section 4 and the principles set out in section 5: ensuring the welfare of residents, staff, and visitors: ensuring the safe custody of residents: (b) (c) (d) making rules for the residence under section 104: (e) protecting the rights of residents and ensuring that any limitation of those rights is lawful: any other powers and functions conferred under this Act 30 or regulations made under this Act or any other enact- ment.
25 (f) (2) On the occurrence from any cause of a vacancy in the office of the residence manager, and in the case of the absence from duty of the person appointed as residence manager (from what- 35 ever cause arising), and for so long as any such vacancy or ab- sence continues, the deputy residence manager has and may 55 Part 2 cl 102 Public Safety (Public Protection Orders) Bill exercise and perform all of the powers, duties, and functions of the residence manager.
(3) A person must not perform any functions under the Correc- tions Act 2004 while that person is a residence manager or an employee for the purposes of the residence.

Compare: 2004 No 50 s 12 5 (2) (3) 102 Manager of residence may delegate powers and functions The residence manager may delegate any of his or her powers (1) or functions, except this power of delegation and the power to make rules under section 104, to a person who is suitably 10 qualified to exercise them.
The manager must make the delegation in writing and sign it.

The delegation may be subject to any conditions or limits, or both.

The manager is not prevented from exercising, or affected in 15 his or her exercise of, any of the delegated powers or functions.

The delegate may exercise the powers or functions in the same manner and with the same effect as if they had been conferred on the delegate directly by this Act.
Every person purporting to act under a delegation is, in the 20 absence of proof to the contrary, presumed to be acting in ac- cordance with the terms of the delegation.

(5) (4) (6) 103 Status of delegations (1) A delegation made under section 102 continues in force ac- (2) (3) cording to its tenor until it is revoked.

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

25 30 104 Manager may make rules for residence (1) The chief executive may authorise the residence manager to make rules that the manager considers appropriate for the man- agement of the residence and for the conduct and safe custody of the residents.
35 56 Public Safety (Public Protection Orders) Bill Part 2 cl 105 (3) (2) An authorisation given by the chief executive under subsec- tion (1) may be subject to any conditions or any limitations placed on the scope or subject matter of the rules.
Rules made under subsection (1), may, without limitation, authorise the manager to permit residents to possess prohibited 5 items, subject to limits specified in the rules and subject to the manager being satisfied of certain matters specified in the rules concerning the protection of the order of the residence and the health and safety of any person.

(4) Any rules made under subsection (1) may be revoked at any 10 time by the residence manager or the chief executive.
(5) Any rules made under subsection (1) must not be inconsist- ent with this Act or any regulations made under this Act.
Compare: 2004 No 50 s 33 105 Chief executive may provide guidelines or instructions (1) The chief executive may provide to residence managers and to persons exercising powers under section 63(1)— (a) 15 guidelines on the exercise of powers under this Act or any regulations made under this Act: instructions or guidelines relating to procedures to be 20 followed or standards to be met— (i) (ii) in the management of residences: in escorting persons pursuant to directions under section 63.
(b) (2) The chief executive must ensure that guidelines are provided, 25 under subsection (1), relating to the exercise of coercive powers.

(3) All instructions issued under subsection (1) are regulations for the purposes of the Regulations (Disallowance) Act 1989, but are not regulations for the purposes of the Acts and Regu- 30 lations Publication Act 1989.
The chief executive must— (a) publish all instructions provided under subsection (1) on the Internet site maintained by the department; and (b) make sufficient copies of any instructions provided 35 under subsection (1) available for public inspection, (4) 57 Part 2 cl 106 Public Safety (Public Protection Orders) Bill free of charge, at the head office of the department during normal office hours; and (c) make sufficient copies of those instructions available either for distribution free of charge or for purchase at a reasonable price during normal office hours at the head 5 office of the department.
Compare: 2003 No 116 s 148 106 Matters to be included in annual report of department The department’s annual report under section 43 of the Public Finance Act 1989 must state in respect of the year to which the 10 report relates— (a) 15 20 the number of persons who, at the end of that year, are detained, under this Act, in residences and state, for each person so detained, the number of months for which the person has been detained in a residence: the number of persons who, at the end of that year, are detained, under this Act, in prisons and state, for each person so detained, the number of months for which the person has been detained in prison, and the reasons for that detention: the number of persons who have been released on pro- tective supervision: the number of persons who were on protective supervi- sion and who have again been detained under this Act: the number of times that the chief executive applied to 25 the court, ahead of time and pursuant to a direction of the review panel, for a review of a public protection order: the number of appeals against orders made under this Act, and the outcome of each appeal: the number and nature of any serious incidents involv- ing residents or staff members of residences, or both: the number and nature of any incidents involving the use of significant force or restraints on residents: the number of times seclusion was imposed on resi- 35 dents, and the duration of, and reasons for, each episode of seclusion: the number of times that residents were hospitalised: 30 (b) (c) (d) (e) (f) (g) (h) (i) (j) 58 Public Safety (Public Protection Orders) Bill Part 2 cl 108 (k) (l) (m) the number of residents who died: the number of emergencies in residences that required assistance from correction officers: any other matter that the chief executive considers should be included in the annual report.
5 Review panel 107 Establishment and constitution of review panel (1) A review panel is established.

(2) (3) (4) (5) The review panel consists of 6 members appointed by the Min- ister of Justice by written notice.

The Minister of Justice must nominate 1 member of the review panel as its chairperson and another member of the review panel as its deputy chairperson, and a member so nominated must hold, or have held, office as a High Court Judge or as a District Court Judge.
Before the Minister of Justice appoints a person as a mem- ber, the Minister of Justice must be satisfied that the person has experience and expertise in assessing the potential for in- dividuals to pose a high risk to public safety.

The review panel must include— (a) (b) at least 2 members who are health assessors; and at least 4 members who have experience in the operation of the New Zealand Parole Board.
10 15 20 108 Meetings of review panel (1) The quorum necessary for any meeting of the review panel is 25 3 members, who must include— (a) (b) (c) the chairperson or deputy chairperson; and 1 health assessor; and 1 member who has experience in the operation of the New Zealand Parole Board and who is not a health as- 30 sessor.

(2) The decision of the majority of members in attendance at a meeting is the decision of the review panel.
(3) At any meeting of the review panel, the review panel may receive and take into consideration whatever information it 35 59 Part 2 cl 109 Public Safety (Public Protection Orders) Bill thinks fit, whether or not the information would be admissible as evidence in a court of law.

The review panel may regulate its own procedure.

(4) 109 Term of appointment, and reappointment (1) Every member of the review panel, including the chairperson, 5 must be appointed for a term of 3 years or less.
(2) A member continues in office despite the expiry of his or her term of office until— (a) (b) the member is reappointed; or the member’s successor is appointed.

10 (3) A member who participates in a review that is not complete on the date that he or she ceases to be in office may complete his or her participation in the review after that date and is, for that purpose, deemed to be in office until the review is complete.

(4) Any member may be reappointed any number of times.
(5) A member may at any time resign from office by written notice 15 to the Minister of Justice.

Compare: 2002 No 10 ss 120, 121(1) 110 Remuneration and expenses of members (1) The remuneration of any member of the review panel who is a 20 District Court Judge or a Judge of the High Court must, so far as it relates to the Judge’s membership of the review panel, be determined by the Remuneration Authority.
Every other member of the review panel must be paid fees and expenses in accordance with the framework determined 25 by the Government from time to time for the classification and remuneration of statutory and other bodies.

(2) (3) A person is not employed in the service of the Crown, for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956, merely as a result of being a 30 member of the review panel.
Compare: 2002 No 10 s 122 Immunity of members No member of the review panel is personally liable for any act or omission done in pursuance, or intended pursuance, of the 35 111 60 Public Safety (Public Protection Orders) Bill Part 2 cl 113 panel’s functions, unless the act or omission was done in bad faith.
Compare: 2002 No 10 s 123 Appointment of inspectors 112 (1) (2) Inspectors For the purposes of this Act, the chief executive may, by writ- ten notice, designate, on any terms and conditions specified in the notice, appoint 1 or more lawyers to be independent in- spectors.

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

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

(2) (3) A specified office holder is not entitled, under subsection (1), to communicate with any resident except in relation to— his or her treatment in the residence; or (a) (b) a complaint that the resident makes about that treatment.
For the purposes of this section, each of the following is a specified office holder: (a) a member of Parliament: (4) 20 25 30 35 61 Part 2 cl 114 Public Safety (Public Protection Orders) Bill a Judge or an officer of the High Court or another court: an Ombudsman: the Privacy Commissioner: the Health and Disability Commissioner: a Human Rights Commissioner.
(b) (c) (d) (e) (f) Compare: 2004 No 50 s 161 5 114 Crimes of Torture Act 1989 not limited Nothing in this Act limits the operation of Part 2 of the Crimes of Torture Act 1989.

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

For the purposes of the Ombudsmen Act 1975 and the Official Information Act 1982, every contract residence is to be treated as part of the department.
Compare: 2004 No 50 s 198 (3) 15 20 116 Requirements of residence management contracts (1) Every residence management contract must provide for— (a) objectives and performance standards for the contrac- tor in relation to the management of the residence that 25 are no lower than the standards applicable to residences managed by the department; and objectives and performance standards for the contractor in relation to the management and care of residents in the residence that are no lower than the standards ap- 30 plicable to residents in residences managed by the de- partment; and the appointment or engagement by the contractor of— (b) (c) 62 Public Safety (Public Protection Orders) Bill Part 2 cl 117 (i) (ii) a suitable person as manager of the residence, which appointment or engagement must be sub- ject to approval by the chief executive; and sufficient suitable staff members to enable the contractor to carry out the contractor’s statutory 5 and contractual obligations in relation to the resi- dence.
(2) Every residence management contract must impose on the contractor, in relation to the management of the residence, a duty to comply with— (a) 10 (b) (c) (d) (e) the requirements of this Act, of any regulations made under this Act, and of any instructions or guidelines, in so far as those requirements are applicable to the con- tract residence; and the requirements of the New Zealand Bill of Rights Act 15 1990, as if the residence were a residence managed by the department; and the requirements of the Public Records Act 2005, as if records relating to the residence and to residents in the residence were records created or received by the 20 department; and all relevant international obligations and standards; and the requirements of sections 56(1) and (2) and 58(3) of the State Sector Act 1988 (which relate to personnel and equal employment policies), as if the contractor were 25 the chief executive of a department within the meaning of that Act and as if those requirements applied, not only in respect of employees of a contractor, but in respect of all staff members of a contract residence.
Compare: 2004 No 50 s 199 30 117 Delegation of powers and functions of contractor Without limiting sections 41 and 42 of the State Sector Act 1988, those sections of that Act apply in relation to a contract residence as if— (a) the contractor were the chief executive of the depart- 35 ment; and 63 Part 2 cl 118 Public Safety (Public Protection Orders) Bill (b) each staff member of the residence were an employee of the department.
Compare: 2004 No 50 s 199A 118 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, for which the Crown is held liable (in whole or in part); and for any act or omission of the contractor, or the contrac- 10 tor’s employees or agents, that results in damage to, or loss of, any property of the Crown.
(b) 5 (2) (3) 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 15 contractor’s employees or agents are to be treated as agents of the Crown.

This section does not limit any other right to indemnification that may be provided in a residence management contract.
Compare: 2004 No 50 s 199B 20 119 Control of contract residence in emergency (1) This section applies if the chief executive believes, on reason- able grounds,— (a) that either— (i) there exists in respect of any contract residence 25 an emergency affecting the safety or health of the residents or any class or group of residents, or the security of the residence; or there is an imminent threat of such an emergency; and 30 (ii) (b) that the contractor responsible for the management of that residence is unwilling or unable to immediately deal with that emergency or, as the case requires, that threat to the satisfaction of the chief executive.
If this section applies, the chief executive may take over the 35 management of the contract residence from the contractor for any period that the chief executive considers necessary in (2) 64 Public Safety (Public Protection Orders) Bill Part 2 cl 119 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 residence, all of the powers, functions, and duties that would otherwise be exercisable or performed by the 5 contractor: has all other powers that are necessary or desirable.
(b) If the chief executive takes over the management of a contract residence under this section, the chief executive must imme- diately give written notice to the contractor of that action, and 10 of the reasons for that action.
(3) (4) Without limiting any other remedy available to the chief ex- ecutive (whether under the residence management contract or otherwise), if the chief executive acts under subsection (2), then, unless it would be unreasonable or unfair in the circum- 15 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 20 to the Crown.
(b) (5) This section applies despite anything in any residence manage- ment contract, and nothing in this section limits or affects— (a) any other right or remedy available to the chief execu- tive or the Crown, whether under any residence man- 25 agement contract or otherwise; or any liability of the contractor under the residence man- agement 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 30 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 35 acted, or failed to act, in bad faith.
Compare: 2004 No 50 s 199H 65 Part 2 cl 120 Public Safety (Public Protection Orders) Bill 120 Residence management contracts to be presented to House of Representatives (1) Within 12 sitting days after a residence management contract is entered into, the Minister must present a copy of that con- tract to the House of Representatives.
5 (2) Within 12 sitting days after a residence management contract is varied or renewed, the Minister must present a copy of the terms of that variation or renewal to the House of Representa- tives.
Compare: 2004 No 50 s 199I 10 121 Release of resident information to and by contract residences For the purposes of enabling the chief executive or any staff member of the department to exercise or perform any of his or her powers, duties, or functions, the chief executive or any 15 staff member of the department may access any information that is held (or deemed for the purposes of the Official Infor- mation Act 1982 to be held) by a contract residence and that relates to that contract residence or to any resident.
For the purposes of enabling any staff member of a contract 20 residence to exercise or perform any of his or her powers, du- ties, or functions, any staff member of a contract residence may have access to any information that is held (or deemed for the purposes of the Official Information Act 1982 to be held) by the department and that relates to any resident.
If the department is authorised by any enactment to access or to disclose information relating to any resident,— (a) 25 a staff member of a contract residence is authorised to access or disclose that information as if the contract residence were a part of the department; and the chief executive may require the contractor to access or disclose that information.
(b) 30 Compare: 2004 No 50 s 199J (1) (2) (3) 66 Public Safety (Public Protection Orders) Bill Part 2 cl 125 Subpart 3—Miscellaneous matters 122 Regulations The Governor-General may, by Order in Council, make regu- lations for all or any of the following purposes: (a) (b) (c) ensuring the good management of residences: ensuring the safe custody of residents: providing for the management, care, treatment, well- being, and rehabilitation of residents or persons subject to prison detention orders, and for their reintegration into the community: providing for any other matters contemplated by the Act, necessary for its administration, or necessary for giving it full effect.
(d) 5 10 123 Sentence of preventive detention not affected by this Act This Act does not affect the imposition of any sentence of pre- 15 ventive detention under the Sentencing Act 2002, and, in con- sidering whether to impose such a sentence, the court must not take into account the jurisdiction conferred by this Act to impose orders on offenders who have served determinate sen- tences.
20 124 Claims by persons subject to orders under this Act not affected by Prisoners’ and Victims’ Claims Act 2005 A person is not a person under control or supervision within the meaning of section 4 of the Prisoners’ and Victims’ Claims Act 2005 merely because the person is, or has at any time been, 25 a resident, a person subject to a prison detention order, or a person under protective supervision.
125 Consequential amendments The Acts specified in the Schedule are amended in the man- ner indicated in that schedule.

30 67 Schedule Public Safety (Public Protection Orders) Bill Schedule Consequential amendments s 125 Corrections Act 2004 (2004 No 50) After section 25(1)(ad), insert: “(ae) to supervise persons released subject to a protective supervision order under the Public Safety (Public Pro- 5 tection Orders) Act 2012 and to ensure that the require- ments included in the order are complied with:”.
After section 65(2)(ab), insert: “(ac) a prisoner is the subject of an application for a public protection order under the Public Safety (Public Protec- 10 tion Orders) Act 2012; or”.

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

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

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

In section 47(2) and (4), after “prison”, insert “or, as the case requires, a residence established under section 99 of the Public Safety (Public 5 Protection Orders) Act 2012”.
In section 47(3), after “prison”, insert “or, as the case requires, the residence established under section 99 of the Public Safety (Public Protection Orders) Act 2012”.

After section 48(1)(d)(iii), insert: 10 “(iv) in the case of a person subject to a public protec- tion order under the Public Safety (Public Pro- tection Orders) Act 2012, the date on which that order is cancelled.” 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2012 69