Corrections Amendment Act 2009

1: Title
This Act is the Corrections Amendment Act 2009.
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates. Section 2 brought into force 3 April 2009 Corrections Amendment Act 2009 Commencement Order 2009
3: Principal Act amended
This Act amends the Corrections Act 2004 OIC SR 2009/61 2009-04-03 Corrections Act 2004
1: Amendments to Corrections Act 2004
4: Interpretation
1: Section 3(1) 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: transmitting sound:
ii: computing information:
iii: functioning as a telephone:
iv: communicating in any other way using any technology (including telecommunication, radiocommunication, Internet, and broadcasting technology):
b: includes any part of an electronic communication device (for example, a SIM card) regardless of whether the part—
i: is capable of any of the actions specified in paragraph (a)
ii: is detachable and may be used in other electronic communication devices:
c: includes any device that enables or facilitates the functioning of an electronic communication device (for example, a recharger or charging device):
d: does not include—
i: any telephone facility provided for the use of prisoners under section 77; and
ii: any telephone facility or telephone system (whether inside or outside a prison) that a prisoner is permitted to use by a person under whose control or supervision the prisoner is .
2: Paragraph (a)(v) of the definition of officer section 3(1) of 2 of 1
3: Paragraph (a) of the definition of officer section 3(1) ; but
vi: in respect of any provision, any employee of the department whom the chief executive designates to carry out the powers and functions of an officer under that provision in respect of 1 or more prisons; but .
4: The definition of official agency section 3(1) ; or
k: a national preventive mechanism (as defined in section 16 of the Crimes of Torture Act 1989) .
5: The definition of staff member of a prison staff member section 3(1) or independent contractor
6: The definition of unauthorised item section 3(1)
c: any electronic communication device: .
7: The definition of unauthorised item section 3(1)
fa: any thing or substance that could be used to tamper with any sample that a prisoner is required to supply in accordance with a prescribed procedure under section 124: .
5: Restrictions on exercise of certain powers
Section 23
3: Despite sections 21 and 22, the following provisions do not apply to a member of the armed forces, or an officer who is not also a member of the police:
a: sections 18 and 18A of the Misuse of Drugs Act 1975 (which confer powers of search and seizure):
b: section 13A of the Misuse of Drugs Amendment Act 1978 (which confers powers in relation to internal concealment):
c: sections 56 to 58 of the Misuse of Drugs Amendment Act 2005 (which confer enforcement powers in relation to restricted substances):
d: sections 200B, 200F, and 200G of the Summary Proceedings Act 1957 (which confer powers in relation to tracking devices).
6: Religious and spiritual needs
Section 79
3: Section 129(a) does not apply to a prisoner who, during a religious service (whether inside or outside a prison),—
a: consumes a small quantity of wine provided at the service by a prison chaplain or minister of religion for the purposes of the Eucharist, Holy Communion, Mass, or Communion, with the express authority of the prison manager or chief executive; or
b: consumes a small quantity of wine or other alcohol provided at the service as part of the ritual of the religion in question, by the person conducting the service, with the express authority of the prison manager or chief executive.
7: Possession, carriage, and use of firearms prohibited
1: The heading to section 86 prohibited restricted
2: Section 86
1: No officer or staff member may possess, carry, or use any firearm within a prison except as provided under subsection (3)
3: Section 86
3: The chief executive may, in writing, authorise an officer or staff member to possess, carry, or use a firearm within a prison, but only in a specified area of the prison for 1 or more of the following purposes:
a: for the purpose of any specified prison industry:
b: for the purpose of humanely killing sick or injured animals:
c: for the purpose of pest control.
4: If subsection (3)
a: may only be used by an officer or staff member who holds a current firearms licence under section 24 of the Arms Act 1983 and in accordance with that Act; and
b: must not be used while prisoners are present; and
c: must not be stored in a prison.
8: Definition of strip search
1: Section 90(2)
g: lift or raise any part of his or her body (including, for example, rolls of fat, genitalia, and breasts).
2: Section 90(3) and to conduct a visual examination of the anal and genital areas (without the use of any instrument or device designed to illuminate or magnify), and ears,
9: Authority to search property
Section 96
7: Authority to search any cell or other place, vehicle, or item, includes the authority to use an aid or aids such as a chemical substance or x-ray or imaging equipment or some other mechanical, electrical, or electronic device, or other similar aid.
10: Search of prisoners and cells
1: Section 98(6)(g) or immediately after immediately before
2: Section 98(6)(g)
iv: any hearing before the New Zealand Parole Board: .
3: Section 98(6)
j: if the prisoner is required under section 124 to submit to a prescribed procedure in the situation referred to in section 124(2)(d)
4: Section 98(8) (other than in the situation referred to in section 124(2)(d) section 124
11: Search of staff lockers and other places
Section 100
1: For the purpose of detecting an unauthorised item, an officer may, with the prior approval of the prison manager, and in the presence of another officer, search any place set aside in a prison for the exclusive use of any person other than a prisoner (for example, a staff member’s locker).
12: New section 103A inserted
The following section is inserted above section 104
103A: Interpretation
In this section and in sections 104 to 110A authorised officer 110A
13: General considerations relating to mail
Section 104 staff members authorised officers
14: Opening of mail
Section 106(2)
a: omitting a staff member an authorised officer
b: omitting staff member authorised officer
15: Reading of correspondence
1: Section 107(1)
1: An authorised officer may read correspondence between a prisoner and another person for the purpose of ascertaining whether it may be withheld under section 108(1).
2: Section 107(2) manager authorised officer
16: Withholding mail
1: Section 108(1)(d) has read under section 107(1), and the manager believes on reasonable grounds that it believes on reasonable grounds
2: Section 108(1)(d) ; or
v: prejudice the maintenance of the law (including the prevention, detection, investigation, prosecution, and punishment of offences, and the right to a fair trial); or
vi: breach an order or direction of any court or constitute contempt of court.
17: Mail between prisoners, official agencies, and members of Parliament
Section 109 A staff member An authorised officer
18: Mail between prisoners and legal advisers
Section 110(1) A staff member An authorised officer
19: New sections 110A to 110C inserted
The following sections are inserted after section 110
110A: Restrictions on disclosure of mail
An authorised officer must not disclose any information obtained from correspondence contained in any mail between a prisoner and another person unless—
a: the disclosure is made to another authorised officer for the purpose of determining whether—
i: mail may be withheld under section 108(1); or
ii: mail that is withheld under section 108(1) should be forwarded to an enforcement officer under section 108(2); or
iii: paragraph (c)
b: the officer believes on reasonable grounds that the disclosure—
i: is necessary to avoid prejudice to the maintenance of the law by a public sector agency (within the meaning of the Privacy Act 1993), including the prevention, detection, investigation, prosecution, and punishment of offences; or
ii: is necessary for the conduct of proceedings (already commenced or reasonably in contemplation) before a court or tribunal; or
iii: 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
iv: has been authorised by the Privacy Commissioner under section 54(1) of the Privacy Act 1993; or
c: the disclosure is required by any enactment or rule of law.
110B: Warnings in relation to mail
The chief executive must take all practicable steps to ensure that when, or reasonably promptly after, prisoners are received at a prison they are informed in writing—
a: that their correspondence—
i: may be opened and read; and
ii: may be withheld, and the grounds on which it may be withheld; and
b: about the types of correspondence that are exempted from being opened, read, and withheld, and the extent to which the exemptions apply.
110C: Application of Privacy Act 1993
The Privacy Act 1993 applies to any activity authorised under any of sections 104 to 110B
20: Prisoner may be required to submit to drug or alcohol test
1: Section 124(2)(c)(i) that aims to reduce that has as one of its aims the reduction of
2: Section 124(2)
d: if the prisoner has submitted to a prescribed procedure under this section by supplying a sample and the prison manager believes, on reasonable grounds, that the sample supplied is dilute, tainted, or otherwise contaminated.
21: Offences by prisoner
Section 128(1)(d) communication electronic
22: Offences by prisoners relating to drugs and alcohol
Section 129(a) or unless section 79(3) medical officer
23: Powers of hearing adjudicator in relation to offences against discipline
Section 133(4)
a: any offence against section 128(1), 129, 130, or 131, the hearing adjudicator may, after giving the prisoner an opportunity to provide reasons why the order should not be made, and whether or not he or she imposes a penalty under subsection (3), order that any article or thing used to commit the offence or in respect of which the offence was committed be forfeited to the Crown: .
24: Powers of Visiting Justice in relation to offences by prisoners
Section 137(4)
a: any offence against section 128(1), 129, 130, or 131, the Visiting Justice may, after giving the prisoner an opportunity to provide reasons why the order should not be made, and whether or not he or she imposes a penalty under subsection (3), order that any article or thing used to commit the offence or in respect of which the offence was committed be forfeited to the Crown: .
25: Unauthorised deliveries, communications, and recordings
1: The heading to section 141 and recordings recordings, and possession of unauthorised items
2: Section 141(1)
a: omitting Every person Subject to subsection (1A)
b: omitting and is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both
3: Section 141(1)(e) the safety of any other person, the well-being of any victim of an offence committed by that prisoner, the safety of any person,
4: Section 141(1)(f) the safety of any other person, the well-being of any victim of an offence committed by that prisoner, the safety of any person,
5: Section 141(1)
g: without reasonable excuse, has in his or her possession any unauthorised item while in a prison:
h: attempts to do any of the things described in paragraphs (a) to (g)
6: Section 141
1A: Subsection (1)(g) does not apply to a prisoner.
1B: A person is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $5,000, or to both, who—
a: commits an offence against subsection (1)(a), (b), (c), or (g)
b: commits an offence against subsection (1)(h) (g)
1C: A person is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both, who—
a: commits an offence against any of subsection (1)(d) to (f); or
b: commits an offence against subsection (1)(h)
7: Section 141(3)
a: omitting subsection (1) subsection (1B) or (1C)
b: by omitting or (d) (d), or (g)
26: New section 141A inserted
The following section is inserted after section 141
141A: Unauthorised use or possession of electronic communication device by prisoner
1: Every prisoner (whether inside or outside a prison) commits an offence who, except with the express authority of the prison manager or the chief executive,—
a: uses an electronic communication device knowing that he or she is not authorised to use it; or
b: knowingly has an electronic communication device in his or her possession.
2: A prisoner who commits an offence against subsection (1)
27: Restricted communications with, or deliveries to, prisoner outside prison
1: Section 143(1) and is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both
2: Section 143
2A: A person who commits an offence against subsection (1)(a) or (b) is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both.
2B: Despite subsection (2A)
3: Section 143(3)(a) the safety of any other person, the well-being of any victim of an offence committed by that prisoner, the safety of any person,
28: Contravention of section 118
1: The heading to section 146 110A or section
2: Section 146 110A section
29: Power of seizure
Section 150
3: Anything that is forfeited to the Crown—
a: under subsection (2) may, subject to any order of a court, be sold, used, destroyed, or disposed of in any manner that the chief executive directs:
b: under any provision of section 133 or 137 may be sold, used, destroyed, or disposed of in any manner that the chief executive directs.
30: New heading and sections 179A to 179E inserted
The following heading and sections are inserted after section 179 Emergency management
179A: Detention of prisoners eligible for release during outbreak or spread of infectious disease
1: A prisoner who is eligible for release under the Parole Act 2002 may be detained beyond his or her statutory release date in any part of the prison if that detention is pursuant to any order or requirement under section 70 or 79 of the Health Act 1956.
2: In this section, statutory release date
179B: No compensation for detention in prison under Health Act 1956
1: To avoid doubt, the Crown is not liable to make a payment to or otherwise compensate any person in respect of any detention in a prison if that detention is pursuant to any order or requirement under the Health Act 1956.
2: This section does not—
a: limit section 179E
b: affect any cause of action relating to unlawful arrest or detention.
179C: Interpretation
In this section and sections 179D and 179E act or omission section 179E(1)(a) epidemic emergency affecting a prison or prisoners
a: that occurs while an epidemic notice is in force; and
b: in respect of which the chief executive reasonably believes that the corrections system is no longer able to fulfil its purpose in section 5(1)(a) in relation to the prison or prisoners affected epidemic notice failure section 179E(1)(b) prison emergency
a: affecting the safety or health of the prisoners or any class or group of prisoners, or the security of the prison; and
b: in respect of which the chief executive reasonably believes that the corrections system is no longer able to fulfil its purpose in section 5(1)(a) in relation to the prison or prisoners affected regulations state of emergency affecting a prison or prisoners
a: within the meaning of section 4 of the Civil Defence Emergency Management Act 2002; and
b: in respect of which the chief executive reasonably believes that the corrections system is no longer able to fulfil its purpose in section 5(1)(a) in relation to the prison or prisoners affected.
179D: Notification of emergency
1: The chief executive must notify the Minister within 7 days of determining the existence of—
a: an epidemic emergency affecting a prison or prisoners; or
b: a prison emergency; or
c: a state of emergency affecting a prison or prisoners.
2: A notice under subsection (1)
a: be in writing and signed by the chief executive; and
b: state the date on which it is signed; and
c: state the nature of the emergency that exists; and
d: specify the actions taken to date in respect of the emergency; and
e: specify any action proposed to be taken to enable the corrections system to fulfil its purpose in section 5(1)(a).
3: The chief executive must notify the Minister within 7 days of determining that the emergency no longer exists.
4: A notice under subsection (3)
a: be in writing and signed by the chief executive; and
b: state the date on which it is signed; and
c: specify the actions taken in respect of the emergency.
179E: Exclusion of liability while epidemic notice in force or during emergency
1: There is no cause of action against the Crown, a Minister of the Crown, an officer or employee of a Minister of the Crown, the chief executive, an employee of the department, a contractor, or an independent contractor, to recover damages for any harm or loss that is due directly or indirectly to—
a: any act or omission by any person that occurs while carrying out his or her functions or duties or exercising his or her powers under a provision of this Act or the regulations that has been modified by Order in Council under the Epidemic Preparedness Act 2006 while an epidemic notice is in force; or
b: any failure by any person to comply (or comply fully) with any provision of this Act or the regulations if—
i: the failure occurs during an epidemic emergency affecting a prison or prisoners, a prison emergency, or a state of emergency affecting a prison or prisoners; and
ii: it is impossible or unreasonable in the circumstances to comply (or comply fully) with this Act or the regulations.
2: A person is not exempt from liability under subsection (1)
3: A person may apply to the High Court for leave to bring proceedings against any person referred to in subsection (1)
4: The court must not grant leave unless it is satisfied that there are grounds for the contention that the act or omission, or failure, constitutes bad faith or gross negligence on the part of the person against whom proceedings are sought to be brought.
5: An application for leave under subsection (3)
a: within 2 years after the act or omission, or failure, to which the application relates; or
b: in the case of a continuance of injury or damage, within 2 years after the ceasing of the injury or damage.
6: Nothing in this section—
a: prevents the Crown from making any ex gratia payment it considers justifiable on the basis of hardship or fairness:
b: limits the operation of section 86 of the State Sector Act 1988:
c: affects any cause of action relating to unlawful arrest or detention.
31: New heading and section 181A inserted
The following heading and section are inserted after section 181 Information sharing about highest-risk offenders
181A: Disclosure of information relating to highest-risk offenders
1: A specified agency that enters into an information sharing agreement under section 182D (as modified by subsection (5) subsection (3)
2: Nothing in subsection (1)
3: The purposes for which personal information about highest-risk offenders may be disclosed under an information sharing agreement between specified agencies are—
a: to assist the monitoring of compliance of highest-risk offenders with their conditions of release:
b: to assist in facilitating the rehabilitation of highest-risk offenders:
c: to facilitate the reintegration of highest-risk offenders into the community:
d: to manage the risk that the offender may commit further offences:
e: to identify any increased risk that the offender may breach his or her conditions or will commit further offences.
4: For the purposes of this section,— highest-risk offender specified agency
a: the Department of Corrections:
b: the New Zealand Police:
c: any public sector agency (as that term is defined in section 2 of the Privacy Act 1993) that the Minister of Justice, after consultation with the Privacy Commissioner, identifies as a specified agency for the purposes of this section by notice in the Gazette
5: Sections 182D and 182E apply to information sharing agreements about highest-risk offenders as if every reference in those sections to a child sex offender were a reference to a highest-risk offender.
6: Information disclosed for the purposes of this section may be disclosed prior to the offender’s release from prison.
7: This section does not limit or affect any information sharing agreement under section 182D in relation to a child sex offender who is also a highest-risk offender.
32: Offender information may be disclosed to facilitate monitoring of certain offenders
1: The heading to section 182 certain offenders persons on temporary release
2: Section 182(1)
3: Section 182(3)
4: Section 182(4)
5: Section 182(5) or subsection (4)
6: Section 182(6)
33: Information sharing about child sex offenders
Section 182A
4: Information disclosed for the purposes of this section may be disclosed prior to the offender’s release from prison.
34: New heading and sections 189A to 189C inserted
The following heading and sections are inserted after section 189 Detection, interception, etc, of radiocommunications within prison boundaries
189A: Interpretation
In this section and sections 189B and 189C harmful interference interference radiocommunications unauthorised electronic communication
a: means any electronic communication made in contravention of section 141A(1)(a)
b: includes any electronic communication received on an electronic communication device that the prisoner uses or possesses in contravention of that section.
189B: Detection, interception, etc, of radiocommunications within prison boundaries
For the purpose of stopping or preventing unauthorised electronic communications to or from prisoners within prison boundaries, and the delivery, possession, or use of electronic communication devices by any person in contravention of section 141,—
a: any person authorised by the chief executive for the purpose of this section may use any equipment or device to detect, intercept, monitor, disable, disrupt, or interfere with radiocommunications within prison boundaries; but
b: no interference may be made under this section that would result in harmful interference outside prison boundaries.
189C: Recordings of unauthorised communications
If a prison manager believes on reasonable grounds that an unauthorised electronic communication contains information relating to the commission or attempted commission of an offence, a record of that communication may be made and given—
a: to an enforcement officer:
b: to the chief executive or any other employee of the department.
2: Amendments to other enactments
Crimes Act 1961
35: Amendment to Crimes Act 1961
1: This section amends the Crimes Act 1961
2: Section 216B(4)
a: omitting monitoring any monitoring of a
b: adding or any interception of a private communication if the interception is authorised under section 189B Corrections Act 2004 OIC SR 2009/61 2009-04-03 Crimes Act 1961 Parole Act 2002
36: Amendments to Parole Act 2002
1: This section and section 37 Parole Act 2002
2: Section 17
3: Subsection (2) is subject to section 179A OIC SR 2009/61 2009-04-03 Parole Act 2002
37: Conditions applying to release at statutory release date
Section 18
4: A prisoner to whom section 179A
a: is not, during the period between the statutory release date and the date of actual release, subject to any release conditions that will apply on or after his or her statutory release date; but
b: from the statutory release date the time begins to run on the prisoner’s release conditions.