Corrections Act 2004

1: Title
This Act is the Corrections Act 2004.
1: Preliminary provisions
2: Commencement
1: This Act (except sections 182A to 182E sections 200 to 203
1A: Sections 182A to 182E Parole (Extended Supervision) Amendment Act 2004
2: Sections 200 to 203
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 1 June 2005 clause 2 Corrections Act Commencement Order 2005 Section 2(1A) brought into force 7 July 2004 section 2 Parole (Extended Supervision) Amendment Act 2004 Section 2(1) amended 7 July 2004 section 14(1) Parole (Extended Supervision) Amendment Act 2004 Section 2(1A) inserted 7 July 2004 section 14(2) Parole (Extended Supervision) Amendment Act 2004 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Interpretation
1: In this Act at-risk assessment section 49(2) at-risk cell section 61H at-risk management plan section 61D at-risk prisoner attendance for judicial purposes
a: any court of justice:
b: the House of Representatives or any Committee of that House:
c: any arbitrator or umpire, or any person or body of persons authorised by law to make an inquiry and take evidence on oath:
d: any legal tribunal by which any legal right or liability can be established:
e: any person acting as a court or tribunal having the power to hold a judicial proceeding:
f: any family group conference within the meaning of section 2(1) Oranga Tamariki Act 1989
g:
h: any other person or body of persons the proceedings, or any part of the proceedings, of whom or of which are deemed to be a judicial proceeding for the purposes of section 108 authorised property section 45A prisoners may be issued with or allowed to keep biometric information section 2(1) chief executive complainant subpart 6 complaint
a: includes a complaint about—
i: the treatment of a person who is or was under control or supervision; or
ii: the conditions in the prison, community work centre, probation office, or any other place (including a dwellinghouse) at which a person referred to in subparagraph (i) is or was detained, or is or was required to attend, work, or live; or
iii: a decision in respect of a request by a person referred to in subparagraph (i) for information; or
iv: a decision relating to a person referred to in subparagraph (i) for which no other right of appeal or review exists under any enactment; but
b: does not include any action taken by a prisoner to review or appeal a decision by a hearing adjudicator or Visiting Justice under subpart 5 contract prison prison management contract contractor prison management contract corrections prison
a: includes a prison operated by the department (including a temporary prison) and a contract prison; but
b: does not include a Police jail correspondence
a: means a handwritten, typed, or printed message that is mail or is contained in any mail; and
b: includes a handwritten, typed, or printed manuscript contained in any mail; but
c: does not include an electronic message or a fax courtroom custodial duty courtroom custodial services department Director-General of an intelligence and security agency section 4 disciplinary offence subpart 5 disciplinary proceedings subpart 5 drug
a: a controlled drug within the meaning of the Misuse of Drugs Act 1975
b: a prescription medicine or restricted medicine within the meaning of the Medicines Act 1981
c: a psychoactive substance within the meaning of section 9 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); and
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
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 electronic message employee enforcement officer
a: means a person who is a constable
i: is an officer or employee of the public service (as defined in section 10
ii: is acting in the course of his or her official duties (being duties consisting of or including the detection, investigation, or prosecution of offences); but
b: does not include an officer (as defined in this subsection) escort duty
a: means the transport of persons in custody—
i: to or from a prison or Police station; or
ii: to or from any place at which their attendance is or has been required for judicial purposes; or
iii: to or from a residence (within the meaning of the Oranga Tamariki Act 1989
iv: in connection with any temporary removal from custody under section 62
v: for the purposes of the Mental Health (Compulsory Assessment and Treatment) Act 1992
b: includes their custody, control, and supervision during that transport, and any custody, control, and supervision while they are at any place to or from which they are transported (other than a prison or Police station) that is incidental to that transport escort services family
a: any person to whom the person is related; and
b: the person's spouse, civil union partner, or de facto partner; and
c: the person's family group family group
a: in which there is at least 1 adult member—
i: with whom the person has a biological or legal relationship; or
ii: to whom the person has a significant psychological attachment; or
b: that is the person's whanau or other culturally recognised family group firearm section 2 Health and Disability Commissioner health centre manager section 19A hearing adjudicator section 15 imaging technology search section 92B Independent Police Conduct Authority inspector of corrections inspector section 28 intelligence and security agency section 4 investigating officer section 2(1) section 49 legal adviser
a: means a lawyer (within the meaning of the Lawyers and Conveyancers Act 2006
b: includes, in relation to any member of the Armed Forces detained in a prison, any other member of the Armed Forces responsible for representing that member in the Court Martial mail medical practitioner section 114(1)﻿(a) medicine section 3 member of the Human Rights Commission Minister monitor section 199E(1) or (2) nurse section 114(1)﻿(a) offender
a: means a person who is under control or supervision; and
b: includes a person who is dealt with or is liable to be dealt with for non-payment of a sum of money, disobedience of a court order, or contempt of court; but
c: does not include—
i: a person who is under control or supervision by reason only that the person is in custody awaiting trial; or
ii: a person who is detained solely as a consequence of a warrant or other order issued under the Immigration Act 2009 officer
a: means—
i: the manager of a prison:
ii: any person appointed or engaged under section 11
iii: any person appointed under section 17(1)
iv: any person appointed or engaged under section 17(2) section 18(1)
v: any employee of the department who the chief executive designates to carry out the powers and functions of an officer in respect of 1
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
b: does not include any employee or independent contractor appointed or engaged to provide non-custodial services in respect of any prison or any prisoner official agency
a: an inspector of corrections; or
b: a monitor; or
c: a security monitor; or
d: a Visiting Justice; or
da: the Inspector-General of Intelligence and Security; or
e: an Ombudsman; or
f: the Commissioner for Children; or
g: the Health and Disability Commissioner; or
h: the Human Rights Commission; or
i: the Independent Police Conduct
j: the Privacy Commissioner ; or
k: a national preventive mechanism (as defined in section 16 Ombudsman person under control or supervision
a: a prisoner:
b: a person who is subject to a community-based sentence:
c: a person who is subject to a sentence of home detention:
d:
e: a person who is subject to conditions under the Parole Act 2002 section 80N 93 Police jail section 32(1)﻿(b) prescribed prison
a: means a prison established or deemed to be established under section 32
b: to avoid doubt, includes any land or building declared to be a prison prison management contract section 198(1) prison manager manager
a: means a person appointed or engaged as the manager of a prison under section 11
b: includes, in relation to any site within a prison declared by the chief executive to be a discrete site for the purposes of this Act, the person (if any) appointed or engaged by the chief executive to exercise the powers and perform the functions of the prison manager in relation to that site prisoner
a: the chief executive:
b: the Commissioner of Police prisoner property
a: is part of a prisoner's personal belongings, and is in the prisoner's possession at the time of admission to a prison; or
b: is acquired by a prisoner while in a prison; or
c: is received by a staff member of a prison on behalf of a prisoner Privacy Commissioner private visitor promptly random-testing programme
a: under which a class or classes of prisoners are identified so that certain prisoners in that class or those classes may be required to submit to a prescribed procedure for the purpose of detecting whether or not the prisoners have used drugs, consumed alcohol, or both; and
b: under which the prisoners from a particular class who are to be required to submit to a prescribed procedure are selected by a method that ensures that each prisoner in that class has an equal chance of being selected; and
c: that is established and operated in accordance with any applicable regulations made under this Act reasonably promptly registered health professional Health Practitioners Competence Assurance Act 2003 rehabilitative programme
a: means a programme designed to reduce reoffending by facilitating the rehabilitation of prisoners sentenced to imprisonment and their reintegration into society; and
b: includes any medical, psychological, social, therapeutic, cultural, educational, employment-related, rehabilitative, or reintegrative programme rub-down search section 89 scanner search section 92A scope of practice section 5(1) security contract section 166 security contractor security monitor section 172 security officer section 17 self-care unit self-harm sentence of imprisonment section 4 service prisoner section 2(1) shared cell specified visitor
a: a person or class of persons approved by the chief executive as an official visitor to 1 or more prisons:
b: a person (other than a staff member) approved by the prison manager as an official visitor to that prison for 1 or more prescribed purposes staff member of a prison staff member
a: means—
i: any officer of a prison; and
ii: any employee
b: in relation to any particular prison, means—
i: any officer of that prison; and
ii: any employee statutory visitor
a: an inspector of corrections; or
b: a Visiting Justice; or
c: a monitor; or
d: a security monitor; or
e: the Minister; or
f: the chief executive; or
g: an Ombudsman; or
h: a member of the Human Rights Commission; or
i: a member of Parliament exercising the right conferred by section 161
j: a Justice of the Peace exercising the right conferred by section 162
k: a commanding officer of a prisoner who is a service prisoner, or a representative of that commanding officer; or
l: a service authority nominated by the commanding officer of a prisoner who is a service prisoner for the purpose of visiting that prisoner; or
m: a consular representative; or
n: an investigating officer strip search section 90 trust account section 46 unauthorised item
a: any article that could, while in the possession of any prisoner, be harmful to that prisoner or to any other person:
b: any drug, alcohol, or other intoxicating substance:
ba: tobacco:
bb: any equipment used for smoking tobacco or any other substance:
bc: any vaping product or smokeless tobacco product within the meaning of section 2
c: any electronic communication device:
d: any thing that could be used for the purpose of facilitating the escape from lawful custody of any person:
e: in relation to any person, any thing that may not lawfully be retained in the person's possession:
f: any article or thing that is in the possession of any person in contravention or intended contravention of section 128 section 129(a) , section 129(aa), section 141 section 143 section 144
fa: any thing or substance that could be used to tamper with or dilute or contaminate section 124
g: any offensive weapon within the meaning of section 202A
h: any disabling substance within the meaning of that section:
i: any article or thing declared to be an unauthorised item by regulations made under this Act Visiting Justice
a: a District Court Judge; or
b: a person appointed under section 19(2) visitor
a: means a person (other than a staff member, a security officer, or another prisoner) who visits a prison; and
b: includes a statutory visitor and a specified visitor.
2: If any provision of this Act requires that any person employed or engaged for any position be suitable for that position, and that position involves dealing with persons under control or supervision, that person's suitability must be determined in accordance with whether or not that person is competent to exercise or perform his or her powers, duties, and functions under this Act, or any regulations made under this Act, in a fair and humane manner, because of—
a: his or her character and personality; and
b: his or her training, skills, qualifications, or work experience; and
c: other relevant experience. 1954 No 51 s 2 SR 2000/81 r 3 Section 3(1) amended 15 December 2005 section 3 Corrections Amendment Act 2005 Section 3(1) at-risk assessment inserted 29 October 2019 section 4(2) Corrections Amendment Act 2019 Section 3(1) at-risk cell inserted 29 October 2019 section 4(2) Corrections Amendment Act 2019 Section 3(1) at-risk management plan inserted 29 October 2019 section 4(2) Corrections Amendment Act 2019 Section 3(1) at-risk prisoner inserted 29 October 2019 section 4(2) Corrections Amendment Act 2019 Section 3(1) attendance for judicial purposes amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 3(1) attendance for judicial purposes repealed 1 July 2009 section 87 Court Martial Act 2007 Section 3(1) authorised property replaced 4 June 2013 section 4(1) Corrections Amendment Act 2013 Section 3(1) authorised property amended 17 December 2016 section 28(1) Statutes Amendment Act 2016 Section 3(1) biometric information inserted 22 August 2017 section 15 Enhancing Identity Verification and Border Processes Legislation Act 2017 Section 3(1) contract prison amended 8 December 2009 section 8(1) Corrections (Contract Management of Prisons) Amendment Act 2009 Section 3(1) contractor amended 8 December 2009 section 8(1) Corrections (Contract Management of Prisons) Amendment Act 2009 Section 3(1) Director-General of an intelligence and security agency inserted 29 October 2019 section 4(2) Corrections Amendment Act 2019 Section 3(1) drug inserted 28 April 2020 section 4(1) Corrections Amendment Act 2019 Section 3(1) electronic communication device inserted 3 April 2009 section 4(1) Corrections Amendment Act 2009 Section 3(1) enforcement officer amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 3(1) enforcement officer amended 7 August 2020 section 135 Public Service Act 2020 Section 3(1) escort duty amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 3(1) family replaced 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 3(1) health centre manager inserted 4 June 2013 section 4(5) Corrections Amendment Act 2013 Section 3(1) imaging technology search inserted 29 October 2019 section 4(2) Corrections Amendment Act 2019 Section 3(1) Independent Police Conduct Authority inserted 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007 Section 3(1) intelligence and security agency inserted 29 October 2019 section 4(2) Corrections Amendment Act 2019 Section 3(1) legal adviser replaced 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 3(1) legal adviser amended 1 July 2009 section 87 Court Martial Act 2007 Section 3(1) monitor amended 8 December 2009 section 8(1) Corrections (Contract Management of Prisons) Amendment Act 2009 Section 3(1) nurse inserted 4 June 2013 section 4(5) Corrections Amendment Act 2013 Section 3(1) offender amended 29 November 2010 section 406(1) Immigration Act 2009 Section 3(1) officer amended 3 April 2009 section 4(2) Corrections Amendment Act 2009 Section 3(1) officer amended 3 April 2009 section 4(3) Corrections Amendment Act 2009 Section 3(1) officer inserted 3 April 2009 section 4(3) Corrections Amendment Act 2009 Section 3(1) official agency inserted 28 September 2017 section 251 Intelligence and Security Act 2017 Section 3(1) official agency amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007 Section 3(1) official agency amended 3 April 2009 section 4(4) Corrections Amendment Act 2009 Section 3(1) official agency inserted 3 April 2009 section 4(4) Corrections Amendment Act 2009 Section 3(1) person under control or supervision replaced 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 3(1) person under control or supervision repealed 17 December 2016 section 28(2) Statutes Amendment Act 2016 Section 3(1) Police Complaints Authority repealed 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007 Section 3(1) prison management contract inserted 8 December 2009 section 4 Corrections (Contract Management of Prisons) Amendment Act 2009 Section 3(1) rub-down search inserted 29 October 2019 section 4(2) Corrections Amendment Act 2019 Section 3(1) scanner search inserted 29 October 2019 section 4(2) Corrections Amendment Act 2019 Section 3(1) scope of practice inserted 29 October 2019 section 4(2) Corrections Amendment Act 2019 Section 3(1) self-care unit inserted 29 October 2019 section 4(2) Corrections Amendment Act 2019 Section 3(1) shared cell inserted 29 October 2019 section 4(2) Corrections Amendment Act 2019 Section 3(1) staff member of a prison staff member amended 3 April 2009 section 4(5) Corrections Amendment Act 2009 Section 3(1) staff member of a prison staff member amended 3 April 2009 section 4(5) Corrections Amendment Act 2009 Section 3(1) strip search inserted 29 October 2019 section 4(2) Corrections Amendment Act 2019 Section 3(1) unauthorised item inserted 5 March 2013 section 4(2) Corrections Amendment Act 2013 Section 3(1) unauthorised item inserted 5 March 2013 section 4(2) Corrections Amendment Act 2013 Section 3(1) unauthorised item inserted 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 3(1) unauthorised item replaced 3 April 2009 section 4(6) Corrections Amendment Act 2009 Section 3(1) unauthorised item amended 5 March 2013 section 4(3) Corrections Amendment Act 2013 Section 3(1) unauthorised item inserted 3 April 2009 section 4(7) Corrections Amendment Act 2009 Section 3(1) unauthorised item amended 4 June 2013 section 4(4) Corrections Amendment Act 2013
4: Act binds the Crown
This Act binds the Crown. 1954 No 51 s 2A
5: Purpose of corrections system
1: The purpose of the corrections system is to improve public safety and contribute to the maintenance of a just society by—
a: ensuring that the community-based sentences, sentences of home detention,
b: providing for corrections facilities to be operated in accordance with rules set out in this Act and regulations made under this Act that are based, amongst other matters, on the United Nations Standard Minimum Rules for the Treatment of Prisoners; and
c: assisting in the rehabilitation of offenders and their reintegration into the community, where appropriate, and so far as is reasonable and practicable in the circumstances and within the resources available, through the provision of programmes and other interventions; and
d: providing information to the courts and the New Zealand Parole Board to assist them in decision-making.
2: Subsection (1) does not affect the application or operation of any other Act. Section 5(1)﻿(a) amended 1 October 2007 section 58 Sentencing Amendment Act 2007
6: Principles guiding corrections system
1: The principles that guide the operation of the corrections system are that—
a: the maintenance of public safety is the paramount consideration in decisions about the management of persons under control or supervision:
b: victims' interests must be considered in decisions related to the management of persons under control or supervision:
c: in order to reduce the risk of reoffending, the cultural background, ethnic identity, and language of offenders must, where appropriate and to the extent practicable within the resources available, be taken into account—
i: in developing and providing rehabilitative programmes and other interventions intended to effectively assist the rehabilitation and reintegration of offenders into the community; and
ii: in sentence planning and management of offenders:
d: offenders must, where appropriate and so far as is reasonable and practicable in the circumstances, be provided with access to any process designed to promote restorative justice between offenders and victims:
e: an offender's family must, so far as is reasonable and practicable in the circumstances and within the resources available, be recognised and involved in—
i: decisions related to sentence planning and management, and the rehabilitation and reintegration of the offender into the community; and
ii: planning for participation by the offender in programmes, services, and activities in the course of his or her sentence:
f: the corrections system must ensure the fair treatment of persons under control or supervision by—
i: providing those persons with information about the rules, obligations, and entitlements that affect them; and
ii: ensuring that decisions about those persons are taken in a fair and reasonable way and that those persons have access to an effective complaints procedure:
g: sentences and orders must not be administered more restrictively than is reasonably necessary to ensure the maintenance of the law and the safety of the public, corrections staff, and persons under control or supervision:
h: offenders must, so far as is reasonable and practicable in the circumstances within the resources available, be given access to activities that may contribute to their rehabilitation and reintegration into the community:
i: contact between prisoners and their families must be encouraged and supported, so far as is reasonable and practicable and within the resources available, and to the extent that this contact is consistent with the maintenance of safety and security requirements.
2: Persons who exercise powers and duties under this Act or any regulations made under this Act must take into account those principles set out in subsection (1) that are applicable (if any), so far as is practicable in the circumstances.
3: Subsection (1) does not affect the application or operation of any other Act.
2: Corrections system
1: Statutory roles and responsibilities
Minister, chief executive, and Commissioner of Police
7: Powers and functions of Minister
1: The Minister has the following powers and functions:
a: declaring land or buildings to be a community work centre or prison in accordance with section 30 section 32
b: approving rates of earnings for prisoners in accordance with section 66
c: fixing the weekly rate of the cost of detaining prisoners for the purpose of enabling deductions to be made under section 68
d: placing notifications in the Gazette section 170
e: presenting a copy of the terms of any prison management contract, and of the terms of any variation to a prison management contract, to the House of Representatives in accordance with section 199I
f: any other powers and functions conferred under this Act or regulations made under this Act.
2: The Minister may give general directions to the chief executive in relation to the exercise of powers and functions conferred on the chief executive under this Act or any regulations made under this Act.
3: Subsection (2) does not authorise the Minister to give directions about the exercise of powers and functions in relation to a particular person.
4: As soon as practicable after giving a direction under subsection (2), the Minister must publish in the Gazette Section 7(1)﻿(e) replaced 8 December 2009 section 8(1) Corrections (Contract Management of Prisons) Amendment Act 2009
8: Powers and functions of chief executive
1: The chief executive has the following powers and functions:
a: ensuring that the corrections system operates in accordance with the purposes set out in section 5 section 6
b: ensuring the safe custody and welfare of prisoners (other than prisoners detained in Police jails or in institutions that are not corrections prisons):
c: ensuring the welfare of offenders Parole Act 2002 Sentencing Act 2002
d: exercising the powers conferred by section 62
e: visiting and inspecting any prison, community work centre, or probation office and, at his or her discretion, interviewing any person under control or supervision:
f: inquiring into the treatment and conduct of persons under control or supervision:
g: inquiring into all abuses or alleged abuses within each prison, community work centre, or probation office or in connection with it:
h: inquiring into any complaint made to him or her by a person under control or supervision:
i: exercising all or any of the powers and functions of a prison manager:
j: issuing instructions or guidelines under section 196
k: ensuring that processes are established and maintained to—
i: identify the communities significantly affected by policies and practices in the corrections system; and
ii: provide opportunities for those identified communities to give their views on those policies and practices; and
iii: ensure that those views are taken into account:
l: any other powers and functions conferred by or under this Act or regulations made under this Act.
2: The chief executive must consult with the Commissioner of Police, or any person nominated for the purpose by the Commissioner, about the manner in which powers and functions conferred under this Act or any regulations made under this Act on the chief executive are to be exercised in relation to—
a: any Police jail; or
b: any prisoner detained in a Police jail.
3: The chief executive must comply with any general direction given by the Minister under section 7(2) 1954 No 51 s 3 Section 8(1)﻿(c) replaced 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 8(1)﻿(c) amended 17 December 2016 section 29 Statutes Amendment Act 2016
9: Powers and functions of Commissioner of Police
The Commissioner of Police has, in relation to every Police jail and every prisoner detained in a Police jail, the following powers and functions:
a: ensuring the safe custody and welfare of prisoners detained in Police jails:
b: the powers and functions conferred by or under this Act or any regulations made under this Act.
10: Delegation of powers and functions of chief executive
Despite anything in clauses 2 to 4
a: the power to make an application under section 60(1)
b: the power to make an application under section 107
c: the power to designate employees as hearing adjudicators under section 15
d: the power to appoint inspectors of corrections under section 28
e: the power to authorise extended periods of detention in a Police jail under section 34(5)
ea: the power to reconsider a prisoner's security classification under section 48(2)
f: the powers conferred by section 58 section 59(1)﻿(b)
g: the power to grant approvals under sections 66(5)﻿(a) 66A(2)
gaa: the power under section 81AB
ga: the power to approve an employee for the purposes of any regulations made under this Act; or
h: the power to appoint security monitors under section 172
i: the power to issue guidelines or instructions under section 196
j: the power to appoint monitors under section 199E(1) or (2)
k: any power, function, or duty conferred or imposed on the chief executive by or under this enactment or any other enactment where the power, function, or duty relates to the review of any act or omission of any staff member of a contract prison. 1954 No 51 s 3A Section 10 amended 7 August 2020 section 135 Public Service Act 2020 Section 10(ea) inserted 4 June 2013 section 5(1) Corrections Amendment Act 2013 Section 10(g) replaced 4 June 2013 section 5(2) Corrections Amendment Act 2013 Section 10(gaa) inserted 29 October 2019 section 5 Corrections Amendment Act 2019 Section 10(ga) inserted 4 June 2013 section 5(2) Corrections Amendment Act 2013 Section 10(j) amended 8 December 2009 section 8(1) Corrections (Contract Management of Prisons) Amendment Act 2009 Other persons with other powers and functions in relation to prisoners
11: Prison manager and other staff of prisons
1: For every prison (not being a contract prison or a Police jail), the chief executive must appoint under the Public Service Act 2020
a: a suitable person as prison manager; and
b: as many other suitable persons as are required as employees.
2: For every contract prison, the contractor must appoint—
a: a suitable person as prison manager; and
b: as many other suitable persons as are required as employees.
3: For every Police jail, the Commissioner of Police must appoint or designate—
a: a suitable person as prison manager (who may be called the jail manager); and
b: as many other suitable persons as are required as employees.
4: The chief executive (in the case of a corrections prison), the contractor responsible for managing a contract prison (in the case of a contract prison), or the Commissioner of Police (in the case of a Police jail) may, from time to time,—
a: engage any suitable person as an independent contractor to provide non-custodial services in respect of the prison; or
b: enter into other arrangements to provide access to those services.
5: For the purposes of subsection (4), non-custodial services
a: chaplaincy, counselling, educational, health, or other specialist services for the prisoners in the prison; or
b: any other services provided to assist the rehabilitation of prisoners in the prison and their reintegration into the community; or
c: laundry, cleaning, catering, or other services in relation to the prison.
6: Every prison must have the number of staff members of each gender that is sufficient to ensure that all duties required by this Act or by any regulations made under this Act to be carried out in the prison by staff members, are able to be carried out in that prison. 1954 No 51 s 6 Section 11(1) amended 7 August 2020 section 135 Public Service Act 2020
12: Powers and functions of prison managers
The prison manager has, in relation to the prison for which the manager is appointed or designated as manager, the following powers and functions:
a: ensuring that the prison operates in accordance with the purposes set out in section 5 section 6
b: ensuring the safe custody and welfare of prisoners received in the prison:
c: carrying out the functions conferred on the manager by section 33
d: establishing and maintaining processes to—
i: identify the communities significantly affected by policies and practices at the prison; and
ii: provide opportunities for those identified communities to give their views on those policies and practices; and
iii: ensure those views are taken into account:
e: any other powers and functions conferred under this Act or regulations made under this Act. 1954 No 51 s 7
13: Delegation of powers and functions of prison managers
1: The prison manager may, either generally or particularly, delegate to any other person who has powers or functions under this Act, or who is an employee of the department and in the opinion of the chief executive is suitably qualified to exercise the power or function, any of the powers or functions of the prison manager under this Act or any regulations made under this Act, including powers or functions delegated to the prison manager under this Act.
2: Subject to any general or special directions given or conditions imposed by the prison manager, the person to whom any powers or functions are delegated under this section may exercise those powers or functions in the same manner and with the same effect as if they had been conferred on that person directly by this Act or any regulations made under this Act, as the case may be, and not by delegation.
3: Despite anything in subsection (1) or any other enactment, the prison manager must not delegate to any person—
a: the power to make rules under section 33
b: the power of delegation conferred by subsection (1).
4: The power of the prison manager to delegate under this section—
a: is subject to any prohibitions, restrictions, or conditions contained in this Act or any other enactment in relation to the delegation of the prison manager's functions or powers; but
b: does not limit any power of delegation conferred on the prison manager by any other enactment.
5: Every person purporting to act under any delegation under this section must, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
6: Any delegation under this section—
a: must be in writing:
b: may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or a specified class of offices:
c: may be revoked at any time.
7: No delegation under this Act affects or prevents the exercise of any power or function by the prison manager, or affects the responsibility of the prison manager for the actions of any person acting under the delegation.
14: Powers and functions of officers
1: An officer appointed or designated under section 11(1)﻿(b), (2)﻿(b), or (3)﻿(b)
a: ensuring the safe custody and welfare of prisoners under his or her control:
b: any other powers and functions conferred under this Act or regulations made under this Act.
2: In the exercise of powers and functions referred to in subsection (1), an officer is subject to the directions of the prison manager.
15: Hearing adjudicators
1: The chief executive must designate in respect of each prison (other than a contract prison or a Police jail) as many suitable employees of the department as hearing adjudicators as are required for the purposes of this Act.
2: The contractor responsible for the management of a contract prison must designate in respect of that prison as many suitable persons as hearing adjudicators as are required for the purposes of this Act.
3: The contractor may only designate persons who have been approved for the purpose by the chief executive.
16: Powers and functions of hearing adjudicators
A hearing adjudicator has the following powers and functions:
a: the powers and functions conferred on the adjudicator under subpart 5
b: any other powers and functions conferred under this Act or any regulations made under this Act.
17: Appointment or engagement of security officers
1: The chief executive may appoint under the Public Service Act 2020
2: Every security contractor must, subject to the terms of the security contract, appoint or engage as many suitable persons as security officers as are required to carry out the obligations of the security contractor. 1954 No 51 s 36I(1), (2) Section 17(1) amended 7 August 2020 section 135 Public Service Act 2020
18: Powers and functions of security officers
1: A security officer has the following functions in respect of every prisoner who is under that security officer's control while the officer undertakes courtroom custodial duties or escort duties:
a: preventing that prisoner's escape from lawful custody:
b: preventing, or detecting and reporting on, the commission or attempted commission by that prisoner of unlawful acts:
c: ensuring good order and discipline on that prisoner's part:
d: attending to that prisoner's well-being:
e: attending to the security of any property of that prisoner that is in that prisoner's possession.
2: A security officer has any other powers and functions that are conferred or imposed on security officers under this Act or under any other enactment.
3: For the purposes of this Act and any regulations made under this Act, a security officer has, in relation to the performance of the functions set out in subsection (1) and the powers and functions referred to in subsection (2), but only in relation to those powers and functions, all the powers and privileges of an officer. 1954 No 51 s 36J
19: Visiting Justices
1: Every District Court Judge is a Visiting Justice for every prison.
2: The Governor-General may, on the recommendation of the Minister of Justice, appoint any Justice of the Peace or barrister or solicitor of the High Court to be a Visiting Justice for every prison.
3: When recommending the appointment of any person under subsection (2), the Minister of Justice must have regard to the desirability of ensuring that the persons holding office under subsection (2) represent a reasonable balance between—
a: Justices of the Peace; and
b: barristers or solicitors of the High Court.
4: Every Visiting Justice has the following powers in respect of each prison:
a: visiting and inspecting the prison and, at his or her discretion, interviewing any prisoner:
b: examining the treatment and conduct of prisoners:
c: inquiring into all abuses or alleged abuses within the prison or in connection with it:
d: inquiring into any matter referred to him or her by the chief executive:
e: for any of the purposes of this section, taking evidence on oath or otherwise:
f:
g: dealing with offences against discipline in accordance with this Act and any regulations made under this Act:
h: reporting in writing to the chief executive on any of the matters referred to in paragraphs (a) to (g) or on any other matters related to the prison, as often as the Visiting Justice considers appropriate, and whenever requested to do so by the chief executive.
5: Whenever a Visiting Justice reports to the chief executive under subsection (4)﻿(h) about any matter concerning a Police jail or a prisoner detained in a Police jail, the Visiting Justice must forward a copy of his or her report to the Commissioner of Police.
6: A Visiting Justice appointed under subsection (2)—
a: holds office for a term of 3 years; and
b: may, from time to time, be reappointed; and
c: unless he or she sooner vacates, or ceases to hold, or is removed from office under subsection (7), continues to hold office until his or her successor comes into office, even though the term for which he or she was appointed has expired.
7: A Visiting Justice appointed under subsection (2)—
a: may resign from the office by delivering to the Minister of Justice a notice in writing to that effect and stating when the resignation takes effect:
b: ceases to hold office if he or she dies:
c: ceases to hold office if he or she is, under the Insolvency Act 2006
d: may, at any time, be removed from the office by the Governor-General for inability to perform the functions of office, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General:
e: has and enjoys, in the performance of his or her duties under this Act, the same protection as a Justice of the Peace acting in his or her criminal jurisdiction has and enjoys under sections 4A to 4F 1954 No 51 s 10 Section 19(4)﻿(f) repealed 4 June 2013 section 6 Corrections Amendment Act 2013 Section 19(7)﻿(c) amended 3 December 2007 section 445 Insolvency Act 2006 Section 19(7)﻿(e) amended 1 July 2013 section 6 Corrections Amendment Act 2011
19A: Health centre managers
1: For every prison (not being a contract prison or Police jail), the chief executive must appoint, under the Public Service Act 2020
2: A contractor must appoint a health centre manager for every contract prison managed by that contractor.
3: Each health centre manager must be a medical practitioner or a nurse.
4: Every health centre manager is responsible for ensuring the provision of health care and treatment to prisoners. Section 19A inserted 4 June 2013 section 7 Corrections Amendment Act 2013 Section 19A(1) amended 7 August 2020 section 135 Public Service Act 2020
19B: Delegation of powers and functions of health centre managers
1: A health centre manager may, either generally or particularly, delegate any of the powers and functions of the health centre manager under this Act or regulations made under this Act to a person specified in subsection (2) or (3).
2: In the case of a health centre manager appointed to a corrections prison that is not a contract prison, the delegation may be made to a registered health professional who is an employee of the department.
3: In the case of a health centre manager appointed to a contract prison, the delegation may be made to a registered health professional who is an employee of the contractor (or subcontractor, within the meaning of section 199C
4: Section 13(2) and (5) to (7) Section 19B inserted 29 October 2019 section 6 Corrections Amendment Act 2019
20: Medical officers
1: The chief executive must ensure that every prison (other than a Police jail) has a sufficient number of medical officers to meet prisoners' needs for medical care and medical treatment.
2: Every contractor must ensure that every contract prison managed by that contractor has a sufficient number of medical officers to meet prisoners' needs for medical care and medical treatment.
3: Each medical officer must be a medical practitioner. Section 20 replaced 4 June 2013 section 8 Corrections Amendment Act 2013
21: Protection of officers in discharge of functions
Every officer, while acting in that capacity, has all the powers, authority, protections, and privileges of a member of the Police (including a constable). 1954 No 51 s 8
22: Protection of members of Armed Forces
If, in accordance with section 9 section 2(1)
a: all the powers and functions of an officer; and
b: all the powers, authority, protections, and privileges of a member of the Police (including a constable). 1954 No 51 s 8A
23: Restrictions on exercise of certain powers
1: Despite sections 21 22 sections 121 , 128 129 177 constable
2: Despite sections 21 22 section 3(2)﻿(a)﻿(ii)
3: Despite sections 21 22 constable
a: section 18
b: section 13A
c:
d: section 23
e: sections 48 49 1954 No 51 s 8B Section 23(1) amended 1 October 2012 section 324(2) Search and Surveillance Act 2012 Section 23(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 23(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 23(3) replaced 3 April 2009 section 5 Corrections Amendment Act 2009 Section 23(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 23(3)﻿(a) replaced 1 October 2012 section 324(3) Search and Surveillance Act 2012 Section 23(3)﻿(c) repealed 18 July 2013 section 110(1) Psychoactive Substances Act 2013 Section 23(3)﻿(d) replaced 1 October 2012 section 324(4) Search and Surveillance Act 2012 Section 23(3)﻿(e) inserted 1 October 2012 section 324(4) Search and Surveillance Act 2012 Persons with powers and functions in relation to administration of community-based sentences, sentences of home detention, conditions of release, or parole Heading replaced 1 October 2007 section 58 Sentencing Amendment Act 2007 Heading amended 17 December 2016 section 30 Statutes Amendment Act 2016
24: Probation officers
1: The chief executive must appoint under the Public Service Act 2020
2: Despite anything in subsection (1), the chief executive may appoint any person, or the holder for the time being of any office or appointment, to act as a part-time probation officer, with all the powers and functions of a probation officer, if there are insufficient duties to justify the appointment of a full-time probation officer under that subsection.
3: The chief executive may designate persons to carry out any particular function or functions, or to exercise any particular power or powers, of a probation officer that the chief executive may specify in respect of that person.
4: The chief executive may designate persons appointed under this section to manage or work at 1 or more community work centres within any probation area.
5: Any appointment or designation under this section may be combined with any office, appointment, or position if the chief executive is satisfied that the functions of that office, appointment, or position are not inconsistent with those of a probation officer.
6: Any person appointed under subsection (2) may be paid out of money appropriated by Parliament for the purpose any remuneration by way of salary or fees, and any allowances, that are determined by the Minister.
7: In this section and in sections 25 27 section 4(1) 1985 No 120 s 124 Section 24(1) amended 7 August 2020 section 135 Public Service Act 2020
25: Functions of probation officers
1: It is the function of every probation officer—
a: to supervise all persons placed under the officer's supervision under a sentence of supervision or intensive supervision or community detention or home detention,
ab: to supervise all persons placed under the officer's supervision under an extended supervision order made under Part 1A
ac: to supervise all offenders released on parole and to ensure that the conditions of parole are complied with:
ad: to supervise offenders released on compassionate release under section 41
ae: to supervise persons released subject to a protective supervision order under the Public Safety (Public Protection Orders) Act 2014
b: to arrange and administer community-based sentences and sentences of home detention imposed under section 80A
c: to co-ordinate and arrange community involvement (including the use of volunteers) in the administration of any particular community-based sentence or sentence of home detention imposed under section 80A Parole Act 2002
d: to arrange, provide, and monitor rehabilitative and reintegrative programmes or related services for offenders, where appropriate, if directed to do so by a controlling officer:
e: to provide all the reports and information that a court, the New Zealand Parole Board, or a prison manager may require under any enactment:
f: to perform any other function that is prescribed by or under this Act or any other enactment.
2: It is the function of every probation officer or person who is designated or appointed to manage or be employed at a community work centre—
a: to monitor the compliance by offenders with the conditions of the sentence of community work; and
b: to ensure that authorised work is available for offenders sentenced to community work; and
c: to perform any other function that is prescribed by or under this Act or any other enactment; and
d: to report to the controlling officer in the officer's probation area on the matters specified in paragraphs (a) to (c) and on any other matter relating to community work that he or she thinks fit.
3: A probation officer may commence or prosecute any proceedings in any court on behalf of any other probation officer. 1985 No 120 s 125 Section 25(1)﻿(a) replaced 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 25(1)﻿(a) amended 17 December 2016 section 31 Statutes Amendment Act 2016 Section 25(1)﻿(ab) inserted 7 July 2004 section 14(3) Parole (Extended Supervision) Amendment Act 2004 Section 25(1)﻿(ac) inserted 15 December 2005 section 4 Corrections Amendment Act 2005 Section 25(1)﻿(ad) inserted 15 December 2005 section 4 Corrections Amendment Act 2005 Section 25(1)﻿(ae) inserted 12 December 2014 section 144 Public Safety (Public Protection Orders) Act 2014 Section 25(1)﻿(b) replaced 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 25(1)﻿(c) amended 1 October 2007 section 58 Sentencing Amendment Act 2007
26: Probation officers may delegate power to supervise offenders on community work
A probation officer may delegate, in writing, to any suitably trained employee of the department his or her powers to control, direct, and supervise offenders subject to a sentence of community work in accordance with section 65 1985 No 120 s 124A
27: Controlling officer of probation area
1: The chief executive must appoint under the Public Service Act 2020
2: A controlling officer must oversee the administration of all community-based sentences or sentences of home detention imposed under section 80A
3: Subject to any directions given by the chief executive, a controlling officer may delegate, in writing, to any probation officer or to any other officer or employee of the department all or any of his or her powers and functions as a controlling officer in respect of his or her probation area.
4: A person appointed or designated to manage a community work centre may, if permitted by a delegation referred to in subsection (3), delegate to any employee engaged at the centre any power so delegated.
5: The fact that any officer or employee of the department exercises or performs any power or function of a controlling officer is conclusive evidence of his or her authority to do so.
6: A controlling officer has and may exercise all the powers of a probation officer in respect of his or her probation area. 1985 No 120 s 127 Section 27(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 27(2) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 General
28: Inspectors of corrections
The chief executive must appoint as many suitable employees of the department as inspectors of corrections as are required for the purposes of this Act. 1954 No 51 s 5(1)
29: Powers and functions of inspectors of corrections
1: Inspectors of corrections have the following powers and functions:
a: the powers and functions conferred by subpart 6
b: visiting and inspecting any prison, community work centre, probation office, or other place (including a dwellinghouse) at which a person under control or supervision is or was detained or required to attend, work, or live, and, at his or her discretion, interviewing any person who is or was under control or supervision:
c: examining the treatment and conduct of persons who are or were under control or supervision:
d: inquiring into all abuses or alleged abuses relating to the management of the sentence of a person who is or was under control or supervision:
e: inquiring into any matter referred to him or her by the chief executive:
f: for the purposes of this section, taking evidence under oath, or otherwise:
g: reporting in writing to the chief executive on any of the matters outlined above, or any other matter relating to any prison, community work centre, probation office, or any other place (including a dwellinghouse) at which a person under control or supervision is required to attend, work, or live, as often as he or she sees fit, and whenever he or she is requested to do so by the chief executive:
h: any other powers and functions conferred under this Act or any other enactment.
2: Whenever an inspector of corrections reports to the chief executive under subsection (1)﻿(g) about any matter concerning a Police jail or a prisoner detained in a Police jail, the inspector must forward a copy of his or her report to the Commissioner of Police. 1954 No 51 s 5(2)
2: Establishment and operation of community work centres
30: Establishment of community work centres
1: The Minister may, by notice in the Gazette
2: The Minister may, in the same way, declare any land or building or any part of any land or building to be added to, or excluded from, any community work centre.
3: Every notice under this section takes effect from the date specified in the notice. 1985 No 120 s 126
31: Chief executive may make rules for community work centres and offenders carrying out community work
1: The chief executive may make any rules that the chief executive considers appropriate for—
a: the management of any community work centre; and
b: the conduct and welfare of the offenders subject to a sentence of community work while carrying out that sentence at a community work centre or at any other place.
2: Any rules made under subsection (1) may be made for—
a: community work centres, or for any community work centre or class of community work centres specified in the rules:
b: all offenders subject to a sentence of community work or any class of those offenders specified in the rules.
3: Any rules made under subsection (1) must not be inconsistent with this Act, the Sentencing Act 2002 Parole Act 2002
4: Rules under subsection (1) are secondary legislation ( see Part 3 1985 No 120 s 129 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 31(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Establishment and operation of prisons
32: Establishment of prisons
1: The Minister may, by notice in the Gazette
a: a corrections prison:
b: a Police jail.
2: The Minister may, in the same way, declare any land or building or any part of any land or building to be added to, or excluded from, any prison.
2A: Nothing in section 9 Gazette
3: Every notice under this section takes effect from the date specified in the notice.
4: Despite subsections (1) to (3), the Minister may, by notice in writing, declare any land or building, or part of any land or building that is the subject of a direction under section 191
5: A declaration under subsection (4)—
a: comes into effect on the date of the declaration:
b: continues in force until the Minister, by notice in writing, declares that the land and buildings that were the subject of the declaration under subsection (4) are no longer required for use as a temporary corrections prison.
6: The Minister must—
a: make a declaration under subsection (5)﻿(b) in respect of any land and buildings as soon as practicable after receiving a notice from the chief executive under section 194(2)﻿(a)
b: publish in the Gazette 1954 No 51 s 4 Section 32(2A) inserted 8 December 2009 section 4 Corrections (Use of Court Cells) Amendment Act 2009
33: Manager may make rules for prison
1: The chief executive may , subject to subsection (6),
2: The Commissioner of Police may , subject to subsection (6),
3: An authorisation given by the chief executive or the Commissioner of Police under subsection (1) or subsection (2) may be subject to—
a: any conditions imposed by the chief executive or, as the case requires, the Commissioner of Police:
b: any limitations placed on the scope or subject matter of the rules by the chief executive or, as the case requires, the Commissioner of Police.
4: Any rules made under subsection (1) or subsection (2) may be revoked at any time by the prison manager and,—
a: in the case of rules made by the manager of a corrections prison, by the chief executive:
b: in the case of rules made by the manager of a Police jail, by the Commissioner of Police.
5: Any rules made under subsection (1) or subsection (2) must not be inconsistent with this Act, the Sentencing Act 2002 Parole Act 2002
6: No rules may be made under this section that relate to matters for which rules must or may be made under section 45A
7: Rules under this section are secondary legislation ( see Part 3 1954 No 51 s 7(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 33(1) amended 4 June 2013 section 9(1) Corrections Amendment Act 2013 Section 33(2) amended 4 June 2013 section 9(1) Corrections Amendment Act 2013 Section 33(6) inserted 4 June 2013 section 9(2) Corrections Amendment Act 2013 Section 33(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Detention and custody of prisoners
34: Detention of prisoners
1: A person who is sentenced to imprisonment
2: Despite subsection (1), any person sentenced to imprisonment may be detained in a Police jail on 1 or more occasions for a period not exceeding—
a: the maximum period of detention; or
b: any longer period required for the purposes of section 65(1)
3: A person may be held in custody on remand in—
a: any Police jail on 1 or more occasions for a period not exceeding—
i: the maximum period of detention; or
ii: any longer period required for the purposes of section 65(1)﻿(a)
b: any corrections prison designated for the purpose by the chief executive.
4: Subsections (1) to (3) are subject to the provisions of this Act and any other enactment.
5: In this section, maximum period of detention
a: a period of detention not exceeding 7 days; or
b: if the chief executive considers that there is a shortage of accommodation in corrections prisons in the relevant area, or that the safety of the prisoner is in danger, one period of detention not exceeding 14 days after the date on which the chief executive authorises that extended period of detention in a Police jail; or
c: if a Visiting Justice is satisfied, on application by the chief executive after the chief executive has given an authorisation under paragraph (b), that—
i: there is a shortage of accommodation in corrections prisons in the relevant area or that the safety of the prisoner is in danger; and
ii: a further period of detention in a Police jail that extends beyond the period authorised under paragraph (b) is justified,— a period of detention not exceeding 14 days after the date on which the Visiting Justice authorises that extended period of detention in a Police jail.
6: The chief executive must consult with the Commissioner of Police before exercising the power conferred by subsection (5)﻿(b).
7: In this section, references to persons sentenced to imprisonment include references to persons committed to prison or otherwise liable to be detained in custody, except for the purposes of any remand pending or during trial or sentence. 1954 No 51 s 12 Section 34(1) amended 17 December 2016 section 32 Statutes Amendment Act 2016
34A: Detention of child or young person serving sentence of imprisonment
1: Notwithstanding anything in this Act,—
a: any young person who is serving a sentence of imprisonment may be detained under that sentence in any residence approved by the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989
b: any child who is serving a sentence of imprisonment must be detained under that sentence in such a residence.
2: The provisions of this Act and of the Parole Act 2002
3: For the purposes of this section, the terms child young person residence Oranga Tamariki Act 1989 1985 No 120 s 142A Section 34A inserted 1 July 2013 section 4 Corrections Amendment Act 2011 Section 34A(1)﻿(a) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 34A(3) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
35: Detention during transit
1: While any prisoner or other person in custody is being taken to or from any prison, he or she may be detained in any other prison or in a Police station or hospital.
2: A prisoner may, for the purposes of section 65(1)
a: any prison; or
b: a hospital, Police station, or other place authorised by the court or Judge or Registrar—
i: for not more than 7 days; or
ii: for any longer period that the court or Judge or Registrar considers necessary or appropriate and specifies in the order. 1954 No 51 ss 13, 26(3)
36: Police station deemed Police jail for certain purposes
While any person is detained in a Police station under section 35 constable 1954 No 51 s 14 Section 36 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
37: Effect of warrant, etc, for specified prisons
1: Except where otherwise allowed by law, no person may be received in a prison without a valid committal order.
2: Any committal order issued, whether before or after the commencement of this Act, for the detention of any person in any specified prison is sufficient authority for the reception and detention of that person in any other prison to which he or she might have been committed.
3: Any committal order identifying the prison by reference to its location or by any other sufficient description is not invalid by reason only that the prison is usually known by another name or description.
4: In this section, committal order 1954 No 51 s 15 SR 2000/81 r 33
38: Legal custody of prisoners
1: The chief executive has the legal custody of—
a: every person lawfully detained in a corrections prison:
b: every person under the control of a security officer or officer of a corrections prison, while that person carries out courtroom custodial duties or escort duties.
2: The Commissioner of Police has the legal custody of—
a: every person lawfully detained in—
i: a Police jail; or
ii: if section 35
b: every person under the control of a Police employee
3: Legal custody under subsection (1) commences as soon as the person is received within a corrections prison or placed under the control of any security officer or officer of a corrections prison and continues while the person—
a: is detained in the prison; or
b: is for any reason outside the prison under the control or supervision of any security officer or officer of a corrections prison, staff member of a corrections prison, or probation officer, under the authority of this Act.
4: Legal custody under subsection (2) commences as soon as the person is received within a Police jail or is placed under the control of a Police employee
a: is detained in the prison; or
b: is for any reason outside the prison under the control of any Police employee
5: Despite subsections (3) and (4), a person who is temporarily released from custody under section 62
6: If any prisoner is for any reason outside a prison under the control or supervision of any probation officer under the authority of this Act, that probation officer has the powers of an officer to give any lawful order to the prisoner, and is an officer for the purposes of the following provisions:
a: section 21
b: section 40
c: section 128(1)
d: section 184
7: The status of any person under this section as a person in the legal custody of the chief executive or the Commissioner of Police, as the case may be, is not affected by the person's presence in a courtroom (whether or not, for the purposes of any other enactment, the person is also in the custody of the court before, during, or after that period).
8: However, any security officer, other officer, or Police employee
a: carry out, or facilitate the carrying out of, any directions given by the presiding Judge about the treatment or containment of the prisoner while the prisoner is on court premises; and
b: facilitate the exercise of powers by a courts security officer under section 26 1954 No 51 s 16(1)–(3) Section 38(2)﻿(b) amended 1 October 2008 section 130(1) Policing Act 2008 Section 38(4) amended 1 October 2008 section 130(1) Policing Act 2008 Section 38(4)﻿(b) amended 1 October 2008 section 130(1) Policing Act 2008 Section 38(8) amended 1 October 2008 section 130(1) Policing Act 2008
39: Duty of prisoner to return if control or supervision ceases
1: If, owing to the illness or incapacity of the officer, staff member, or probation officer having the control or supervision of any prisoner outside the prison, or for any other reason, that control or supervision ceases, the prisoner must return to the prison immediately.
2: If the prisoner fails, without reasonable excuse (the proof of which lies on the prisoner), to return, he or she is deemed to have escaped from lawful custody and to be unlawfully at large, and is liable accordingly. 1954 No 51 s 16(4)
40: Prisoners must obey lawful orders
A prisoner must promptly obey every lawful order given to him or her by—
a: an officer; or
b: a staff member. SR 2000/81 r 142
41: Collection of biometric information, etc, from prisoner
1: An officer may direct that a prisoner submit to—
a: photographs being taken of the prisoner:
b: biometric information being collected from the prisoner:
c: measurements being taken from the prisoner:
d: any other prescribed procedure designed to create a record to enable the subsequent identification of the prisoner.
2: No procedure that purports to authorise the taking of a bodily sample from a prisoner may be prescribed for the purposes of subsection (1)﻿(d).
3: The powers conferred by subsection (1)—
a: may be exercised only for the purpose of—
i: facilitating the management and security of the prison; and
ii: verifying the identity of prisoners upon release into the community to ensure public safety; and
b: must be exercised subject to the provisions of this Act and any other enactment.
4: If necessary, reasonable force may be used by an officer to compel the prisoner to submit to the taking of photographs, the collection of biometric information, the taking of measurements, or other prescribed procedures.
5: The chief executive must ensure that, if the prisoner is a person accused of an offence and subsequently acquitted, all information collected or taken from the prisoner under this section during the prisoner’s detention in respect of the charge, and any record of identifying information created in reliance on subsection (1) during that period, are immediately destroyed. Section 41 replaced 22 August 2017 section 16 Enhancing Identity Verification and Border Processes Legislation Act 2017
42: Certain information to be given to recently received prisoners
1: The manager of a prison must ensure that, on the reception of a prisoner, or reasonably promptly after the prisoner is received, the prisoner is given, in writing, relevant and sufficient information about—
a: the operation of the prison; and
b: the rules of the prison made under section 33
c: the rules about authorised property made under section 45A
d: the entitlements of prisoners; and
e: offences against discipline under sections 128 to 131
f: the complaints system operating at the prison.
2: The manager of a prison must ensure that, on the reception into the prison of a prisoner who is a citizen of another country, or promptly after the prisoner is received, the prisoner is given, in writing, advice that—
a: the prisoner may require the manager to inform a consular representative of the country of which the prisoner is a citizen of his or her detention; and
b: any correspondence addressed to a representative by the prisoner will be forwarded to that representative without delay.
3: The manager of a prison must, as far as is practicable, also provide the information and advice in a form and language that are accessible and appropriate to the prisoner. SR 2000/81 r 34 Section 42(1) replaced 28 April 2020 section 7(1) Corrections Amendment Act 2019 Section 42(3) inserted 28 April 2020 section 7(2) Corrections Amendment Act 2019 Prisoners' property
43: Authorised property
1: A prisoner may be issued with, or allowed to keep, authorised property subject to—
a: any condition set out in rules made under section 45A
b: any special conditions imposed by the prison manager relating to the use of the property; and
c: the condition described in section 44(1)
2: Despite subsection (1), the prison manager may refuse to issue or allow a prisoner to keep an item of property if he or she has reasonable grounds to believe that—
a: the item may be used to injure the prisoner or any other person, or to damage property; or
b: the item is a camera, tape recorder, or electronic device that may be used to record security features or actions in the prison; or
c: the item may be used to circumvent practices or procedures in the prison; or
d: the item has been obtained through coercion of a prisoner or as a result of other improper behaviour; or
e: the item is objectionable; or
f: the item may assist a prisoner to—
i: discover new methods of committing offences; or
ii: continue offending; or
g: the item may interfere with the effective management of the prison.
3: Despite subsection (1), the prison manager may refuse to issue or allow a prisoner to keep any item of authorised property—
a: if the prisoner is—
i: subject to a penalty of forfeiture of privileges imposed under subpart 5
ii: the subject of a direction under section 60
iii: subject to cell confinement imposed as a penalty under subpart 5
b: if the prisoner is detained in a Police jail and, in the opinion of the manager, having regard to the facilities available at the Police jail and the resources available, it is not practicable to allow the prisoner to keep the item; or
c: in any other circumstances specified in regulations made under this Act or rules made under section 45A SR 2000/81 r 113 Section 43(1) replaced 4 June 2013 section 11(1) Corrections Amendment Act 2013 Section 43(3)﻿(c) amended 4 June 2013 section 11(2) Corrections Amendment Act 2013
44: Standard conditions of issue and transfer of issued items
1: The condition referred to in section 43(1)﻿(c)
a: the prisoner accepts full responsibility for the property; and
b: the corrections authorities are not liable for any loss of, or damage to, the property; and
c: the property may not be transferred to another prisoner without the prior approval of the prison manager; and
d: the prisoner will comply with any special conditions imposed under section 43(1)﻿(b)
2: This section does not—
a: apply to any item of property declared by rules made under section 45A
b: apply to any property while it is under the immediate control and supervision of any of the corrections authorities; or
c: limit any conditions set out in rules made under section 45A
3: In this section, the corrections authorities
a: the Crown:
b: a staff member:
c: a contractor:
d: an employee of a contractor:
e: a security contractor:
f: an employee of a security contractor:
g: a constable
h: a security officer. SR 2000/81 r 114 Section 44(1) amended 4 June 2013 section 12(1) Corrections Amendment Act 2013 Section 44(2)﻿(a) amended 4 June 2013 section 12(2) Corrections Amendment Act 2013 Section 44(2)﻿(c) amended 4 June 2013 section 12(3) Corrections Amendment Act 2013 Section 44(3)﻿(g) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
45: Disposal and destruction of prisoner property
1: An item of prisoner property may be destroyed or disposed of in a manner approved by the prison manager if the prison manager considers the item to be—
a: a dangerous item or substance; or
b: a health hazard; or
c: inflammable; or
d: alcohol; or
e: a controlled drug (within the meaning of the Misuse of Drugs Act 1975
f: objectionable; or
g: perishable.
2: An item of prisoner property may be destroyed or disposed of in a manner approved by the prison manager if the prison manager requires the item to be removed from the prison in accordance with any regulations made under this Act, and the prisoner concerned fails to comply with that requirement reasonably promptly.
3: Any destruction of a prisoner's property must be carried out in the prisoner's presence unless—
a: destruction in his or her presence is dangerous or impracticable; or
b: the prisoner cannot be identified or located. SR 2000/81 r 120 Section 45(1)﻿(d) replaced 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012
45A: Rules about authorised property
1: The chief executive—
a: must, in respect of all corrections prisons, make rules declaring the items of property that prisoners may be issued with or allowed to keep; and
b: may make rules imposing conditions that attach to an item of property so declared.
c:
d:
e:
2: The Commissioner of Police—
a: must, in respect of all Police jails, make rules declaring the items of property that prisoners may be issued with or allowed to keep; and
b: may make rules specifying conditions that attach to an item of property so declared.
c:
3: Rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	publish it on a website •	make it available for inspection free of charge •	make it available for sale at a reasonable price Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 45A inserted 4 June 2013 section 13 Corrections Amendment Act 2013 Section 45A(1)﻿(c) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 45A(1)﻿(d) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 45A(1)﻿(e) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 45A(2)﻿(c) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 45A(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Trust account and purchasing system
46: Trust account and purchasing system for prisoners
1: The chief executive must ensure that 1 or more trust accounts in which money belonging to prisoners is held exclusively for particular prisoners are opened and operated.
2: A trust account must be operated and maintained in the prescribed manner.
3: A prisoner must be paid all the money held exclusively for the prisoner in a trust account when the prisoner is discharged from a prison.
4: If a prisoner dies while in legal custody,—
a: the entries in any trust account that relate to the prisoner must be balanced as at the date of death; and
b: any money held exclusively for that prisoner must be paid to the executor or administrator of the prisoner's estate.
5: The chief executive must ensure that, in respect of each corrections prison, a purchasing system is established through which prisoners may buy approved items.
6: A prisoner may buy an item through the purchasing system only if the prisoner—
a: uses money held exclusively for him or her in the trust account; and
b: has enough money in the trust account to buy it. SR 2000/81 rr 125, 128 Security classifications
47: Security classifications
1: The chief executive must ensure that every prisoner who is subject to a sentence of imprisonment for a term exceeding 3 months is assigned a security classification that reflects the level of risk posed by that prisoner while inside or outside prison, including the risk of escape and the risk that escape would pose to the public.
2:
3: The security classification of each prisoner must—
a: be undertaken and reviewed in the prescribed manner; and
b: be reviewed—
i: at least once in every 6 months, unless an exemption from this requirement is prescribed; or
ii: whenever there is a significant change in the prisoner's circumstances.
4: For the purposes of subsection (3)﻿(b)﻿(ii), there is a significant change in a prisoner's circumstances if—
a: there is a change to the length of the period that the prisoner is required to serve in detention (whether as a consequence of the imposition of another sentence or as a consequence of an increase, or reduction, of the term of the prisoner's existing sentence, on appeal or otherwise); or
b: the prisoner escapes, or attempts to escape; or
c: the prisoner does anything that, in the opinion of the prison manager, involves serious misconduct; or
d: in the opinion of the prison manager, there is an event, or a change in the prisoner's circumstances or behaviour, that indicates that the prisoner's present security classification may be inappropriate. 1954 No 51 s 17A Section 47(2) repealed 17 December 2016 section 33 Statutes Amendment Act 2016
48: Further provisions relating to security classifications
1: If a security classification is assigned to a prisoner, or the security classification assigned to a prisoner is changed, the manager of the prison in which the prisoner is detained must ensure that the prisoner is promptly informed in writing of—
a: that classification or, as the case may be, that changed classification; and
b: the reasons for the assignment of that classification or, as the case may be, that changed classification.
2: A prisoner who is dissatisfied with the security classification for the time being assigned to that prisoner may apply to the chief executive for a reconsideration of that classification, and the chief executive must ensure that the security classification is reconsidered promptly in the prescribed manner.
3: Despite subsection (2), a prisoner may not make an application under subsection (2) if the security classification that applies to the prisoner was reconsidered, as a consequence of an earlier application under subsection (2), within the previous 6 months.
4: Whenever a security classification is assigned to a prisoner or a security classification assigned to a prisoner is reconsidered, the prisoner must be informed in writing of the decision. 1954 No 51 s 17B Assessment, use of time, management plans, and programmes
49: Prisoners must be assessed on reception and have needs addressed
1: The chief executive must ensure that—
a: every prisoner is assessed promptly after reception at a prison to identify any immediate physical or mental health, safety, or security needs; and
b: any needs identified by that assessment are addressed.
2: The assessment under subsection (1)﻿(a) must include an at-risk assessment to determine whether the prisoner is at risk of self-harm. Section 49(2) inserted 28 April 2020 section 8 Corrections Amendment Act 2019
50: Prisoners' use of time
The chief executive must ensure that, as far as is practicable, every prisoner is provided with an opportunity to make constructive use of his or her time in prison.
51: Management plans
1: This section applies to every prisoner who is—
a: sentenced to imprisonment for a term of more than 2 months; or
b: in custody for a continuous period of more than 2 months on remand.
2: The chief executive must ensure that an individual management plan is devised for every prisoner to whom this section applies.
3: Each plan must be prepared, and revised at regular intervals, in accordance with any prescribed requirements and any relevant instructions issued under section 196
3A: A plan may comprise more than 1 document, and those documents may be kept in different physical or electronic locations.
4: Each plan must—
a: be based on an assessment of the needs, capacities, and disposition of the prisoner; and
b: make provision for the safe, secure, and humane containment of the prisoner; and
c: outline how the prisoner can make constructive use of his or her time in the prison (including, in the case of a person sentenced to imprisonment, ways of addressing offending behaviour and preventing reoffending); and
d: outline how the prisoner may be prepared for eventual release from the prison and successful reintegration into the community; and
e: include any prescribed matter or other matter required to be included in the plan by instructions issued under section 196
f: be consistent with the resources available to the chief executive to manage the prisoner. Section 51(3A) inserted 29 October 2019 section 9 Corrections Amendment Act 2019
52: Rehabilitative programmes
The chief executive must ensure that, to the extent consistent with the resources available and any prescribed requirements or instructions issued under section 196 1954 No 51 s 17A(2) Transfer of prisoners
53: Transfer from one prison to another
1: A prisoner may be transferred, on the direction of the chief executive, from any prison to any other prison in which he or she may be lawfully detained.
2: A prisoner may be transferred, on the direction of an inspector of corrections, from any prison to any other prison in which he or she may be lawfully detained if the inspector considers it necessary to transfer the prisoner to avoid or reduce any immediate danger to the prisoner or any other person.
3: A direction given by an inspector of corrections under subsection (2) may be revoked at any time by the chief executive. 1954 No 51 s 22 SR 2000/81 r 35(1)
54: Reasons for transfer
1: A prisoner may be transferred by the chief executive from one prison to another for 1 or more of the following reasons:
a: to assist in reducing the likelihood of reoffending by the prisoner:
b: to assist in facilitating the—
i: rehabilitation of the prisoner; or
ii: reintegration of the prisoner into the community on his or her release:
c: to place that prisoner in a prison closer to his or her family:
d: to respond to the needs of that prisoner, as identified in the management plan:
e: to ensure the safety of that prisoner or any other person:
f: to implement a change in the security classification of that prisoner:
g: to provide medical or psychiatric care for that prisoner:
h: to reduce the risk of self-harm by that prisoner if he or she is identified as being at risk:
i: to reduce the risk to that prisoner if he or she is identified as being vulnerable to mistreatment by other prisoners:
j: to grant a request by a prisoner for a transfer.
2: A prisoner may be transferred by the chief executive from one prison to another in order to ensure compliance with the requirements of this Act or any regulations made under this Act concerning—
a: the separation of convicted prisoners from accused prisoners; or
b: the separation of prisoners who are under a specified age from prisoners who are of or over that age.
3: A prisoner may be transferred by the chief executive from one prison (the first prison
a: to restore or maintain the security and order of the first prison:
b: to enable effective management of the national prisoner muster:
c: to allow repairs or alterations at the first prison:
d: in response to the closure or change of use of the first prison or part of that prison.
4: When considering whether to transfer a prisoner for 1 or more of the reasons set out in subsection (1) or when considering how a transfer for 1 or more of the reasons set out in subsection (2) or subsection (3) is to be effected, the chief executive must, as far as is reasonably practicable, have regard to—
a: the desirability of providing the least restrictive environment for the prisoner that is consistent with the maintenance of public safety and the safety of staff members and other prisoners; and
b: the need to facilitate the rehabilitation and reintegration of the prisoner into the community, taking into account the availability and location of appropriate services and programmes that will contribute to the achievement of those objectives; and
c: the desirability of ensuring that the prisoner is detained at a location as close as is practicable to his or her family.
5: A decision by the chief executive to transfer a prisoner must be made in the prescribed manner. SR 2000/81 rr 35(1)﻿(b), 36
55: Information to be given to prisoners
1: A prisoner must be—
a: informed of an impending transfer, and the destination, at least 7 days in advance; and
b: provided with a reasonable opportunity to inform a member of his or her family of the impending transfer, and the destination, before the transfer is made.
2: Subsection (1) does not apply if—
a: the prisoner to be transferred is expected to create a management difficulty before the transfer is made or as a result of the transfer; or
b: the transfer is being made because there are reasonable grounds to believe that the safety of the prisoner or others at the prison within which the prisoner currently resides is at risk; or
c: the transfer is being made to restore or maintain the security and order of the prison from which the prisoner is being transferred; or
d: the transfer is being made to allow for the effective management of the national prisoner muster; or
e: the transfer is being made under section 65(1) or (3)
3: A prisoner to whom subsection (2)﻿(a), (b), or (c) applies must, on arrival at the destination, be allowed 1 free phone call within New Zealand to advise a member of his or her family of that destination.
4: Subsection (3) does not apply to a prisoner if that prisoner—
a: is informed of the impending transfer and the destination; and
b: is provided with a reasonable opportunity to inform a member of his or her family of the impending transfer before it is made.
5: A prisoner to whom subsection (2)﻿(d) applies must be informed of the transfer before departure and, if the prisoner does not have a reasonable opportunity to inform a member of his or her family before the transfer is made, then, on arrival at the destination, that prisoner must be allowed 1 free phone call within New Zealand to advise a member of his or her family of that destination. SR 2000/81 r 37
56: Information about reasons for transfer
1: A prisoner who is transferred from one prison to another under section 53(1)
2: A request under subsection (1) must—
a: be in writing; and
b: be forwarded to the manager within 1 month after the prisoner has been transferred to the other prison.
3: Reasonably promptly, and in any case no later than 1 month, after receiving a request under subsection (1), the manager must inform the prisoner, in writing, of the reasons for the prisoner's transfer. SR 2000/81 r 35(2)–(4) Denial or restriction of ability to associate
57: Denial or restriction of prisoner’s opportunity to associate with other prisoners
The opportunity of a prisoner to associate with other prisoners must not be denied or restricted, except in accordance with this Act. Section 57 replaced 28 April 2020 section 10 Corrections Amendment Act 2019
58: Segregation for purpose of security, good order, or safety
1: The prison manager may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if, in the opinion of the manager,—
a: the security or good order of the prison would otherwise be endangered or prejudiced; or
b: the safety of another prisoner or another person would otherwise be endangered.
2: If a direction is given under subsection (1),—
a: the prisoner concerned must promptly be given the reasons in writing for the direction and any subsequent direction under subsection (3)﻿(c):
b: the chief executive must promptly be informed of the direction and the reasons for it.
3: A direction under subsection (1)—
a: must be revoked by the prison manager if there ceases to be any justification, under subsection (1), for continuing to restrict or deny the opportunity of the prisoner to associate with other prisoners:
b: may be revoked at any time by the chief executive or a Visiting Justice:
c: expires after 14 days unless, before it expires, the chief executive directs that it continue in force:
d: if it continues in force because of a direction under paragraph (c), must—
i: be reviewed by the chief executive at intervals of not more than 1 month:
ii: expire after 3 months unless a Visiting Justice directs that it continue in force:
e: if it continues in force because of a direction under paragraph (d)﻿(ii), must be reviewed by a Visiting Justice at intervals of not more than 3 months. 1954 No 51 s 7(1A)–(1C)
59: Segregation for purpose of protective custody
1: The prison manager may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if—
a: the prisoner requests that his or her opportunity to associate be restricted or denied and the manager considers, having regard to any information supplied by the prisoner or otherwise available to the manager, that it is in the best interests of the prisoner to give that direction; or
b: the prison manager is satisfied that—
i: the safety of the prisoner has been put at risk by another person; and
ii: there is no reasonable way to ensure the safety of the prisoner otherwise than by giving that direction.
2: If a direction is given under subsection (1)﻿(a),—
a: the direction is ineffective unless, either before or after the giving of the direction, the prisoner concerned gives his or her consent in writing to the giving of the direction:
b: the direction ceases to have effect if the prisoner withdraws his or her consent to the giving of the direction, but the prison manager may give a further direction under subsection (1)﻿(b) without that prisoner's consent if subsection (1)﻿(b) applies.
3: If a direction is given under subsection (1)﻿(b),—
a: the prisoner concerned must promptly be given the reasons in writing for the direction, and any subsequent direction under subsection (4)﻿(c):
b: the chief executive must promptly be informed of the direction and the reasons for it.
4: If a direction is given under subsection (1)﻿(b), the direction—
a: must be revoked by the prison manager if there ceases to be any justification, under subsection (1)﻿(b), for continuing to restrict or deny the opportunity of the prisoner to associate with other prisoners:
b: may be revoked, at any time, by the chief executive:
c: expires after 14 days unless, before it expires, the chief executive directs that it continue in force:
d: must, if it continues in force because of a direction under paragraph (c), be reviewed by the chief executive at intervals of not more than 3 months.
60: Segregation for purpose of medical oversight
1: A prison manager may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if the health centre manager
a: in order to assess or ensure the prisoner's physical health , except against the risk of self-harm
b: in order to assess or ensure the prisoner's mental health
1A: Before a health centre manager makes a recommendation under subsection (1) that relates to a matter outside his or her scope of practice, he or she must consult a medical practitioner whose scope of practice includes that matter.
2: If a direction is given under this section,—
a: the prisoner concerned must promptly be given the reasons for the direction in writing:
b: the chief executive must promptly be informed of the direction and the reasons for it.
3: A direction under this section continues in force while the prisoner continues to be detained in the prison unless the prison manager or the chief executive revokes it.
4: The prison manager may not revoke a direction under this section unless the health centre manager
5: While a direction under this section is in force, the health centre manager must, unless he or she is satisfied that it is not necessary in the circumstances, ensure that a registered health professional visits the prisoner concerned at least once a day.
6: Section 60(1) amended 4 June 2013 section 14(1) Corrections Amendment Act 2013 Section 60(1)﻿(a) amended 28 April 2020 section 11(1) Corrections Amendment Act 2019 Section 60(1)﻿(b) amended 28 April 2020 section 11(2) Corrections Amendment Act 2019 Section 60(1A) inserted 4 June 2013 section 14(2) Corrections Amendment Act 2013 Section 60(4) amended 4 June 2013 section 14(3) Corrections Amendment Act 2013 Section 60(5) replaced 28 April 2020 section 11(3) Corrections Amendment Act 2019 Section 60(6) repealed 28 April 2020 section 11(3) Corrections Amendment Act 2019
61: Accommodation to be provided if segregation direction in force
1: A prisoner who is subject to a direction under section 58 section 59 section 60
2: Those items, features, and standards may—
a: differ from the items and features provided in, or the standards required to be met for, accommodation for prisoners who are not subject to a direction under section 58 section 59 section 60
b: differ depending on whether the direction was issued under section 58 section 59 section 60
c: differ depending on the particular reason for the issue of a direction under any of those sections. Prisoners at risk of self-harm Heading inserted 28 April 2020 section 12 Corrections Amendment Act 2019
61A: Ongoing assessment for risk of self-harm
A prisoner who has been assessed, in accordance with section 49(2) Section 61A inserted 28 April 2020 section 12 Corrections Amendment Act 2019
61B: Initial steps that prison manager and health centre manager must take in respect of at-risk prisoner
The initial steps that must be taken in respect of an at-risk prisoner are—
a: the prison manager must ensure that the prisoner is promptly placed in an at-risk cell or alternative accommodation that the prison manager considers adequate to protect the prisoner from self-harm; and
b: the prison manager must ensure that the prisoner is observed by an officer at the intervals that the prison manager specifies; and
c: the health centre manager must ensure that a registered health professional visits the prisoner at least twice per day (unless the health centre manager is satisfied that it is not necessary in the circumstances). Section 61B inserted 28 April 2020 section 12 Corrections Amendment Act 2019
61C: Confirmation of at-risk prisoner assessment
1: The prison manager must, in respect of an at-risk prisoner, obtain the advice of the health centre manager within 24 hours after the prisoner’s at-risk assessment.
2: After considering the advice, the prison manager must—
a: reverse the at-risk assessment, if the prison manager considers that the prisoner is not at risk of self-harm; or
b: confirm the at-risk assessment, if the prison manager considers that the prisoner is at risk of self-harm. Section 61C inserted 28 April 2020 section 12 Corrections Amendment Act 2019
61D: At-risk management plan established
1: If a prison manager confirms a prisoner’s at-risk assessment, the prison manager must ensure that an at-risk management plan is established for the prisoner as soon as practicable.
2: The plan must be established in consultation with—
a: the health centre manager; and
b: any other person within or outside the department that the prison manager considers has relevant expertise or knowledge. Section 61D inserted 28 April 2020 section 12 Corrections Amendment Act 2019
61E: Content of at-risk management plan
1: An at-risk management plan must specify—
a: the restrictions (if any) on the opportunity of the prisoner to associate with other prisoners; and
b: the steps to be taken to address the prisoner’s risk of self-harm; and
c: the situations in which the prisoner must be strip searched.
2: The plan may specify restrictions on the opportunity of the prisoner to associate with other prisoners only to the extent that those restrictions are necessary for the safety of the prisoner or the safety of other prisoners.
3: If the plan specifies restrictions on the opportunity of the prisoner to associate with other prisoners, the prison manager must ensure that—
a: the prisoner is promptly informed in writing of the reasons for the restrictions; and
b: the chief executive is promptly informed in writing of the restrictions and of the reasons for those restrictions.
4: The chief executive may, at any time, revoke or modify a restriction on the opportunity of a prisoner to associate with other prisoners and amend the plan accordingly.
5: The plan must be revised as necessary at regular intervals, in accordance with any requirements prescribed by regulations made under this Act and any relevant instructions issued under section 196 Section 61E inserted 28 April 2020 section 12 Corrections Amendment Act 2019
61F: Revocation of confirmed at-risk assessment
1: The prison manager must revoke the confirmed at-risk assessment of an at-risk prisoner if the prison manager is satisfied, after obtaining the advice of the health centre manager, that the prisoner is no longer at risk of self-harm.
2: On the revocation of a prisoner’s at-risk assessment by the prison manager, the at-risk management plan for that prisoner ends. Section 61F inserted 28 April 2020 section 12 Corrections Amendment Act 2019
61G: Health centre manager must consult registered health professional if advice outside scope of practice
A health centre manager must not give advice under section 61C 61F Section 61G inserted 28 April 2020 section 12 Corrections Amendment Act 2019
61H: Designation of at-risk cell
1: The prison manager may designate a cell as an at-risk cell.
2: The designation must be in writing and may be revoked at any time.
3: An at-risk cell must have items and features, including items and features necessary for the safety of the prisoner, prescribed by regulations made under this Act and must meet prescribed standards. Section 61H inserted 28 April 2020 section 12 Corrections Amendment Act 2019 Temporary release from custody and temporary removal of prisoners
62: Temporary release from custody or temporary removal from prison
1: This section applies to every prisoner who is a member of a class of prisoners specified in regulations made under this Act as a class of prisoners who may be—
a: temporarily released from custody under this section; or
b: temporarily removed from prison under this section while remaining in custody under the control or supervision of an officer, staff member, or probation officer during the period of removal.
2: The chief executive may give authority for the temporary release from custody or temporary removal from prison of a prisoner to whom this section applies—
a: for any purpose specified in regulations made under this Act that the chief executive considers will facilitate the achievement of 1 or more of the following objectives:
i: the rehabilitation of the prisoner and his or her successful reintegration into the community (whether through release to work (including self-employment), to attend programmes, or otherwise):
ii: the compassionate or humane treatment of the prisoner or his or her family:
iii: furthering the interests of justice; or
b: in any circumstances that, in the opinion of the chief executive, are exceptional and that will facilitate the achievement of 1 or more of the objectives described in paragraph (a).
3: In exercising the powers conferred by subsection (2), the chief executive must consider—
a: whether the release or removal of the prisoner might pose an undue risk to the safety of the community while the prisoner is outside the prison:
b: the extent to which the prisoner should be supervised or monitored while outside the prison:
c: the benefits to the prisoner and the community of removal or release in facilitating the reintegration of the prisoner into the community:
d: whether removal or release would undermine the integrity of any sentence being served by the prisoner. 1954 No 51 ss 21(1), 21A(1)–(4), (6), (7)
63: Temporary release from custody
1: Any temporary release from custody under section 62
1A: The conditions that may be imposed by the chief executive under subsection (1) include, without limitation, a condition requiring the person who is temporarily released from custody to submit to the electronic monitoring of compliance with any temporary release conditions that relate to his or her whereabouts.
2: The chief executive or the prison manager may, at any time, direct the return to a prison of any person temporarily released from custody under section 62
3: Every person temporarily released from custody under section 62
a: is at large after the expiry of the period for which he or she was so released; or
b: is at large after the giving of a direction for his or her return to a prison under subsection (2); or
c: breaches any condition imposed under subsection (1) requiring the person to stay at any place or within any geographical area, to stay with a particular person or group, or to attend a particular programme or course.
4: If any person released under this section is at large without reasonable excuse (the proof of which excuse lies on him or her) after the expiry of the period for which he or she was released, after the giving of a direction under subsection (2), or after the person breaches any condition referred to in subsection (3)﻿(c), he or she is deemed to have escaped from lawful custody and is liable accordingly. 1954 No 51 ss 21(2)–(5), 21A(2)–(9) Section 63(1A) inserted 22 December 2016 section 4 Corrections (Electronic Monitoring of Offenders) Amendment Act 2016
64: Temporary removal from prison
1: Any temporary removal from prison under section 62
a: is for a period fixed by the chief executive; and
b: is subject to the condition that the person removed must be under the control or supervision of an officer, a staff member, or a probation officer during the period of removal; and
c: may be subject to any other condition imposed by the chief executive.
2: The conditions that may be imposed by the chief executive under subsection (1)﻿(c) include, without limitation, a condition requiring the person who is to be removed to submit to the electronic monitoring of compliance with any temporary removal conditions that relate to his or her whereabouts. 1954 No 51 ss 27, 28 Section 64(2) inserted 22 December 2016 section 5 Corrections (Electronic Monitoring of Offenders) Amendment Act 2016
64A: Electronic monitoring for persons temporarily released from custody or temporarily removed from prison
1: This section applies to electronic monitoring imposed as a condition under section 63 64
2: The purposes of an electronic monitoring condition are—
a: to deter the person who is subject to electronic monitoring from breaching a condition that relates to his or her whereabouts; and
b: to monitor compliance with a condition that relates to his or her whereabouts.
3: Information about a person that is obtained through electronic monitoring may be used both for the purposes specified in subsection (2)
a: to verify compliance with conditions that relate to the whereabouts of the person:
b: to detect non-compliance with conditions that relate to the whereabouts of the person and the commission of offences:
c: to provide evidence of non-compliance with conditions that relate to the whereabouts of the person and of the commission of offences:
d: to verify that the person who is subject to the electronic monitoring condition has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.
4: A person who is subject to an electronic monitoring condition may be required to have electronic monitoring equipment attached to his or her body.
5: Where there is evidence indicating that the person who is subject to the electronic monitoring condition may have tampered with or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately, the person is deemed to be unlawfully at large unless there is evidence that he or she is not unlawfully at large. Section 64A inserted 22 December 2016 section 6 Corrections (Electronic Monitoring of Offenders) Amendment Act 2016
65: Removal of prisoner for judicial purposes
1: A prisoner may be—
a: brought up for trial
b: removed by or under the direction of the prison manager from one prison to another or from one place of confinement to another for any of these purposes or for the purpose of undergoing sentence.
2: Subsection (3) applies if—
a: a prisoner is charged with an offence, not being the offence for which the prisoner is in custody; or
ab: a prisoner is the subject of an application under Part 1A
ac: a prisoner is the subject of an application for a public protection order under the Public Safety (Public Protection Orders) Act 2014
b: in any other case, the interests of justice require the attendance for judicial purposes of a prisoner.
3: If this subsection applies, any court or Judge or Registrar may, by order in writing, direct the manager of the prison in which the prisoner is detained to bring the prisoner, or to ensure that the prisoner is brought, before the court or, as the case may require, to arrange the attendance of the prisoner for those judicial purposes, as often as is necessary, and the manager must obey the order.
4: The court or Judge or Registrar making any order under subsection (3) must, if the order is made in a civil proceeding, and may, if it is made in any other proceeding, require any person applying for the order to deposit a sum sufficient to pay the expenses of bringing the prisoner before the court or, as the case may require, arranging the attendance of the prisoner for judicial purposes, and returning the prisoner to the prison in which he or she is required by law to be detained.
5: In subsection (4), expenses 1954 No 51 s 26(1), (2), (4) Section 65(1)﻿(a) amended 1 July 2013 section 6 Corrections Amendment Act 2011 Section 65(2)﻿(ab) inserted 7 July 2004 section 14(4) Parole (Extended Supervision) Amendment Act 2004 Section 65(2)﻿(ab) amended 12 December 2014 section 29(2) Parole (Extended Supervision Orders) Amendment Act 2014 Section 65(2)﻿(ac) inserted 12 December 2014 section 144 Public Safety (Public Protection Orders) Act 2014 Electronic monitoring of prisoners employed in work or accommodated outside secure perimeter Heading inserted 22 December 2016 section 7 Corrections (Electronic Monitoring of Offenders) Amendment Act 2016
65A: Electronic monitoring of prisoners employed in work or accommodated outside secure perimeter
1: This section applies to a prisoner who—
a: is employed in work directed or provided by the prison manager under section 66
b: is accommodated in a building that is outside the secure perimeter but still within the prison.
2: However, this section does not apply to a prisoner who has been temporarily released from custody or temporarily removed from prison under section 62
3: The prison manager may require the prisoner to submit to electronic monitoring of his or her whereabouts while the prisoner is outside the secure perimeter (in this section, an electronic monitoring condition
4: The purposes of an electronic monitoring condition are—
a: to deter the prisoner from attempting to escape from lawful custody; and
b: to help locate and arrest a prisoner who escapes from lawful custody; and
c: to deter and detect the commission of offences against section 128(1)﻿(e)
5: Information about a prisoner that is obtained through an electronic monitoring condition may be used both for the purposes in subsection (4) and for the following purposes:
a: to verify that the prisoner has not escaped from lawful custody:
b: to detect that the prisoner has escaped from lawful custody, and the commission of offences:
c: to provide evidence of escape from lawful custody, and the commission of offences:
d: to verify that the prisoner has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.
6: A prisoner who is subject to an electronic monitoring condition may be required to have electronic monitoring equipment attached to his or her body.
7: Where there is evidence indicating that the prisoner who is subject to the electronic monitoring condition may have tampered with or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately, the prisoner is deemed to be unlawfully at large unless there is evidence that he or she is not unlawfully at large. Section 65A inserted 22 December 2016 section 7 Corrections (Electronic Monitoring of Offenders) Amendment Act 2016 Work and earnings
66: Work and earnings
1: Every prisoner (other than a prisoner who is only awaiting trial or on remand or who is detained under the Immigration Act 2009
a: be employed in any work that is directed or provided by the prison manager; and
b: be employed in that work outside the prison in which he or she is detained.
2: A prisoner who is detained only because he or she is awaiting trial or on remand or who is detained under the Immigration Act 2009
3: Earnings at a rate or rates approved by the Minister may be—
a: credited to each prisoner employed under this section; or
b: applied or paid in accordance with regulations made under this Act; or
c: dealt with under both paragraphs (a) and (b).
4: The manager of a prison in which any industry provides work under this section to prisoners in that prison must ensure that, in the operation of that industry, there are adopted only those accounting methods that are from time to time approved by the chief executive.
5: Prisoners may—
a: be employed under this section only in work of a kind described in subsection (6) that is approved by the chief executive and under the conditions approved by the chief executive; and
b: only be directed, under subsection (1)﻿(a), to perform work of a kind specified in subsection (6)﻿(b).
6: The work referred to in subsection (5) is work that is—
a: intended to provide the prisoner with work experience or to assist his or her rehabilitation or reintegration into the community; or
b: intended to reduce the costs of keeping prisoners in custody (for example, cooking, cleaning, and maintenance within the prison or any other prison).
7: Any work in which a prisoner is employed under this section must be carried out in accordance with any prescribed requirements. 1954 No 51 s 20 Section 66(1) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 66(2) amended 29 November 2010 section 406(1) Immigration Act 2009
66A: Self-employment
1: Every prisoner (other than a prisoner who is only awaiting trial or on remand or who is detained under the Immigration Act 2009
2: The prison manager must not approve a prisoner to be self-employed under this section unless the work—
a: is of a kind described in subsection (3) that is approved by the chief executive; and
b: is done under the conditions approved by the chief executive.
3: The work referred to in subsection (2) is work that is intended to provide the prisoner with work experience or to assist his or her rehabilitation or reintegration into the community.
4: Any work in which a prisoner is employed under this section must be carried out in accordance with any prescribed requirements. Section 66A inserted 4 June 2013 section 15 Corrections Amendment Act 2013
67: Earnings of employed prisoner
1: The net amount of wages or salary payable to any prisoner for work done by the prisoner during any period or periods for which the prisoner is temporarily released from custody under section 62
2: Every prisoner described in subsection (4) must pay to the chief executive to the credit of the prisoner, at the times that the chief executive directs, those sums on account of his or her earnings in that employment that the chief executive determines.
3: A person who receives money on behalf of a prisoner engaged in self-employment must, after deducting any commission, pay to the chief executive to the credit of the prisoner, those sums on account of the prisoner's earnings in that employment that the chief executive determines.
4: Subsections (2) and (3) apply to a prisoner who is—
a: temporarily released from custody under section 62
b: engaged in self-employment at the prison. 1954 No 51 s 21C(1), (3) Section 67(2) replaced 4 June 2013 section 16 Corrections Amendment Act 2013 Section 67(3) inserted 4 June 2013 section 16 Corrections Amendment Act 2013 Section 67(4) inserted 4 June 2013 section 16 Corrections Amendment Act 2013
68: Application of money
Any money paid to the chief executive under section 67
a: any expenses incidental to the prisoner's employment or self-employment
b: the cost of the prisoner's detention for each week during which he or she is allowed, at any time, to engage in employment or self-employment section 62
ba: the cost of the prisoner's detention for each week during which he or she is allowed, at any time, to engage in self-employment while in the custody of the chief executive, but not exceeding the weekly rate fixed by the Minister:
c: the maintenance of any of the prisoner's dependants:
d: the prisoner's requirements on his or her release from the sentence under which the prisoner is detained:
e: any fine or reparation or other sum of money that the prisoner was ordered to pay on his or her conviction for any offence:
f: the satisfaction in whole or in part of any judgment debt owing by the prisoner or of any other debt acknowledged in writing by the prisoner as owing by him or her:
g: the purchase by the prisoner of any article of a type approved for the time being by the chief executive. 1954 No 51 s 21C(4) Section 68(a) amended 4 June 2013 section 17(1) Corrections Amendment Act 2013 Section 68(b) amended 4 June 2013 section 17(2) Corrections Amendment Act 2013 Section 68(ba) inserted 4 June 2013 section 17(3) Corrections Amendment Act 2013 Minimum entitlements
69: Minimum entitlements
1: Every prisoner has the following minimum entitlements:
a: physical exercise, as provided for in section 70
b: a bed and bedding, as provided for in section 71
c: food and drink, as provided for in section 72
d: access to private visitors, as provided for in section 73
e: access to statutory visitors and specified visitors:
f: access to legal advisers, as provided for in section 74
g: to receive medical treatment, as provided for in section 75
h: to send and receive mail, as provided for in section 76
i: to make outgoing telephone calls, as provided for in section 77(3)
j: to exercise any right conferred on prisoners by regulations made under this Act to communicate using any specified device or medium of communication:
k: access to information and education, as provided for in section 78
2: A prisoner may be denied, for a period of time that is reasonable in the circumstances, 1 or more of the minimum entitlements set out in subsection (1) if—
a: there is an emergency in the prison; or
b: the security of the prison is threatened; or
c: the health or safety of any person is threatened.
3: A prisoner detained in a Police jail may be denied 1 or more of the minimum entitlements set out in subsection (1) (other than the entitlements referred to in subsection (1)﻿(b), (c), (f), and (g), and the entitlement under subsection (1)﻿(e) of access to statutory visitors) if, in the opinion of the prison manager or other person in charge, it is not practicable to provide those entitlements, having regard to the facilities available at the Police jail and the resources available.
4: A prisoner—
aa: may be denied, for not more than 2 consecutive days at a time, the minimum entitlement referred to in subsection (1)﻿(a) if—
i: the prisoner has been temporarily released from custody or temporarily removed from prison under section 62 section 65
ii: in the opinion of the prison manager, it is not practicable to provide the entitlement during the times the prisoner is in the prison:
a: may be denied the minimum entitlements referred to in subsection (1)﻿(d), (i), (j), and (k) if the prisoner is undergoing a penalty of cell confinement imposed under subpart 5
b: may be denied the minimum entitlement referred to in subsection (1)﻿(k) if a direction under section 58 59
5: The minimum entitlements conferred by subsection (1) are not privileges referred to in section 43(3)﻿(a)﻿(i) section 133(3)﻿(a) section 137(3)﻿(a)
6: Subsections (2), (3), and (4) override sections 70 to 78 SR 2000/81 r 42 Section 69(4)﻿(aa) inserted 4 June 2013 section 18 Corrections Amendment Act 2013 Exercise
70: Exercise
1: Every prisoner (other than a prisoner who is engaged in outdoor work) may, on a daily basis, take at least 1 hour of physical exercise.
2: The physical exercise referred to in subsection (1) may be taken by the prisoner in the open air if the weather permits. SR 2000/81 r 49 Bedding
71: Bedding
1: Every prisoner must be provided with a separate bed, and sufficient bedding for warmth, health, and reasonable comfort.
2: A prisoner's bedding must be laundered as often as is necessary to maintain cleanliness.
3: All bedding must be laundered before it is reissued to another prisoner.
4: In this section,— bed bedding SR 2000/81 r 53 Diet
72: Diet
1: Every prisoner must be provided with a sufficient quantity of wholesome food and drink based on the food and nutritional guidelines for the time being issued by the Ministry of Health, and drinking water must be made available to every prisoner whenever he or she needs it
2: As far as practicable in the circumstances, in providing food and drink to prisoners, allowance must be made for the various religious, spiritual, and cultural needs of the prisoners.
3: A medical officer or health centre manager SR 2000/81 r 56 Section 72(1) amended 4 June 2013 section 19(1) Corrections Amendment Act 2013 Section 72(3) amended 4 June 2013 section 19(2) Corrections Amendment Act 2013 Visiting
73: Entitlement to private visitors
1: A prisoner is entitled to receive at least 1 private visitor each week for a minimum duration of 30 minutes.
2: Subsection (1) is subject to any regulations made under this Act that regulate the visiting of prisoners , and to directions given under section 168A
3: Subsection (1) does not limit visits to a prisoner—
a: by his or her legal adviser under section 74
b: by a statutory visitor who is authorised by any enactment to visit the prisoner or by a specified visitor; or
c: by any person or class of person authorised by regulations made under this Act to visit the prisoner at more frequent intervals. SR 2000/81 r 82 Section 73(2) amended 1 July 2019 section 49 Family Violence (Amendments) Act 2018
74: Legal adviser may visit prisoner
1: The legal adviser of a prisoner may visit the prisoner at any time agreed to by the prison manager if the purpose of the visit is to discuss the prisoner's legal affairs.
2: If the manager does not agree to a particular time for a visit by a legal adviser, the manager must nominate an alternative time that is reasonable in the circumstances.
3: An interview between a legal adviser, and a prisoner—
a: must be held out of the hearing of any other person; and
b: may, with the agreement of the prison manager, be held out of the sight of any other person. SR 2000/81 r 85 Medical treatment and health care
75: Medical treatment and standard of health care
1: A prisoner is entitled to receive medical treatment that is reasonably necessary.
2: The standard of health care that is available to prisoners in a prison must be reasonably equivalent to the standard of health care available to the public. SR 2000/81 r 58 Mail to and from prisoners
76: Prisoners may send and receive mail
1: A prisoner may send and receive as much mail as the prisoner wishes.
2: Subsection (1) is subject to—
a: sections 105 108 of this Act, and directions given under section 168A
b: any restrictions relating to the manner in which mail is received or sent, the provision of materials for writing letters, and the payment of postage contained in regulations made under this Act. SR 2000/81 r 97(1) Section 76(2)﻿(a) amended 1 July 2019 section 50 Family Violence (Amendments) Act 2018 Telephone calls
77: Outgoing telephone calls
1: The chief executive must ensure that every corrections prison has telephone facilities for prisoners to make outgoing telephone calls.
2: The Commissioner of Police must ensure that every Police jail has telephone facilities for prisoners to make outgoing telephone calls.
3: Every prisoner is entitled to make at least 1 outgoing telephone call of up to 5 minutes' duration per week.
4: The entitlement in subsection (3) is in addition to any telephone call made to—
a: an official agency; or
b: the prisoner's legal adviser.
4A: The entitlement in subsection (3) is overridden by directions given under section 168A
5: The chief executive (in the case of a corrections prison) or the Commissioner of Police (in the case of a Police jail) may impose conditions on, and maintain records of, the use of telephone facilities by prisoners.
6: Every prisoner who makes an outgoing telephone call may be required to—
a: meet the cost of the call; or
b: pay a fee set by the chief executive.
7: Despite subsection (6), a prisoner is not required to meet the cost of an outgoing telephone call or to pay a fee if this Act, or any regulations made under this Act, provides otherwise. SR 2000/81 r 107 Section 77(4A) inserted 1 July 2019 section 51 Family Violence (Amendments) Act 2018 Section 77(6) replaced 29 October 2019 section 13 Corrections Amendment Act 2019 Section 77(7) inserted 29 October 2019 section 13 Corrections Amendment Act 2019
78: Information and education needs of prisoners
1: A prisoner is entitled—
a: to reasonable access to news:
b: so far as is practicable, to access to library services:
c: to access to further education that, in the opinion of the prison manager, will assist in—
i: his or her rehabilitation; or
ii: a reduction in his or her reoffending; or
iii: his or her reintegration into the community.
2: The Crown is not required to provide a prisoner with any of the education referred to in subsection (1)﻿(c) free of charge unless—
a: there is an entitlement to receive that education free of charge (whether under the Education and Training Act 2020
b: the education is—
i: provided to a prisoner with poor literacy skills; and
ii: designed to improve those skills. Section 78(2)﻿(a) amended 1 August 2020 section 668 Education and Training Act 2020 Other duties in relation to prisoners
79: Religious and spiritual needs
1: The chief executive must ensure that in every corrections prison, so far as is reasonable and practicable, appropriate provision is made for the various religious and spiritual needs of prisoners.
2: No prisoner may be required to receive a visit from a minister of religion if the prisoner objects to that visit.
3: Section 129(a)
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. SR 2000/81 r 45 Section 79(3) inserted 3 April 2009 section 6 Corrections Amendment Act 2009
80: Needs relating to particular cultures
The chief executive must ensure that in every corrections prison, so far as is reasonable and practicable, appropriate provision is made for the various needs of prisoners arising because they belong to a particular culture. SR 2000/81 r 46
81: Working conditions
1: Unless there is an emergency, no prisoner may be required to work on a certain day if working on that day would be inconsistent with the prisoner's genuine religious beliefs or practices.
2: No prisoner may be required to work for more than 40 hours per week.
3: Every prisoner is entitled to 1 day of rest in each week. SR 2000/81 r 47
81A: Request and approval for placement of child with mother
1: A female prisoner who is the mother of a child less than 24 months old, or who is expecting a child, may request the chief executive’s approval to keep the child with her until the day after the date on which the child turns 24 months if she—
a: was the child’s primary caregiver before being imprisoned or is likely to be the child’s primary caregiver on release; and
b: does not have a conviction for an offence involving sexual or violent offending against children; and
c: agrees to undergo screening for the purposes of identifying any mental health and substance abuse issues.
2: The chief executive may approve a request under subsection (1) if—
a: the chief executive is satisfied that the mother meets the criteria set out in subsection (1); and
b: the chief executive considers that placing the child with the mother—
i: is in the best interests of the child; and
ii: is not inconsistent with any court order relating to the child or any application or proceeding before the court (whether pending or existing) relating to the child; and
c: the mother enters into a parenting agreement under section 81B
d: the chief executive is satisfied that there are appropriate facilities available to accommodate the child’s placement.
3: In considering whether placing the child with the mother is in the best interests of the child, the chief executive must have regard to the principles in section 5
4: The chief executive must—
a: consult the chief executive of the department responsible for administering the Oranga Tamariki Act 1989
b: seek the advice of a child development specialist before deciding whether to approve or end a child’s placement, unless it is clear from the circumstances that it is not necessary to seek that advice.
5: The chief executive may end the child’s placement if the chief executive considers that—
a: subsection (2)﻿(b)﻿(i) or (ii) is not being met; or
b: the mother’s responsibilities under the parenting agreement are not being met.
5A: If the chief executive refuses approval for a child’s placement under subsection (1), or ends a placement under subsection (5), the chief executive must—
a: provide reasons for the decision; and
b: notify the prisoner in writing of the decision and the process for reconsideration of the decision.
6: In this section and sections 81AB 81C child’s placement placement Section 81A inserted 19 September 2011 section 5 Corrections (Mothers with Babies) Amendment Act 2008 Section 81A(4)﻿(a) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 81A(5A) inserted 29 October 2019 section 14(1) Corrections Amendment Act 2019 Section 81A(6) amended 29 October 2019 section 14(2) Corrections Amendment Act 2019
81AB: Reconsideration of decision relating to child’s placement
1: At the request of the prisoner, the chief executive must reconsider a decision (the decision section 81A
a: refusing approval for the child’s placement ( see section 81A(2)
b: ending the child’s placement ( see section 81A(5)
2: A request for reconsideration must be made within 14 days after the prisoner has been notified in writing of the decision.
3: The chief executive must reconsider the decision against the relevant criteria set out in section 81A
4: A decision is not suspended while it is being reconsidered.
5: On reconsideration of the decision, the chief executive may do any of the following:
a: affirm it:
b: amend it:
c: rescind it and substitute a different decision.
6: The chief executive must—
a: provide reasons for the outcome under subsection (5); and
b: notify the prisoner in writing of the outcome. Section 81AB inserted 29 October 2019 section 15 Corrections Amendment Act 2019
81B: Parenting agreements
A parenting agreement to which section 81A(2)﻿(c)
a: notice that the mother is responsible for the care of her child while the child is in prison:
b: identification of an alternative caregiver who will care for the child when the placement ends or in an emergency:
c: the chief executive’s agreement to—
i: provide parenting information, education, and support to the mother; and
ii: attend to arrangements for the child to receive any necessary health and well-being checks and any treatment required as a result of those checks; and
iii: facilitate the mother’s access to any treatment or counselling required to support the mother to care for her child:
d: for the purpose of ensuring that the best interests of the child are met, the mother’s agreement to—
i: attend any parenting education programmes specified; and
ii: facilitate arrangements for the child to receive any necessary health and well-being checks and any treatment required as a result of those checks; and
iii: participate in any treatment or counselling required to address any mental health or substance abuse issues identified; and
iv: attend any programmes identified in her management plan; and
v: co-operate in a planned separation from the child when the placement ends. Section 81B inserted 19 September 2011 section 5 Corrections (Mothers with Babies) Amendment Act 2008
81C: Accommodation and feeding of children placed with their mothers
1: The chief executive must ensure that, to the extent practicable within the resources available, every prison in which female prisoners are imprisoned provides appropriate facilities for the accommodation of children under the age of 24 months, and that those facilities support the development needs of those children.
2: The chief executive must ensure that every child who is placed with his or her mother in prison is,—
a: if the child is breastfed, provided sufficient opportunity to be breastfed; and
b: if the child is fed by other means, provided sufficient opportunity to be fed. Section 81C inserted 19 September 2011 section 5 Corrections (Mothers with Babies) Amendment Act 2008 Living conditions
82: Accommodation generally
1: The chief executive must ensure that each type of accommodation provided in a corrections prison complies with all requirements in regulations made under this Act concerning—
a: the items and facilities to be included in, or excluded from, accommodation of that type; and
b: the standards to be met by accommodation of that type.
2: This section does not apply to accommodation to which section 61 SR 2000/81 r 50
82A: Types of permitted accommodation
Subject to any restrictions set out in this Act or regulations made under this Act, a prisoner may be accommodated in an individual cell, a shared cell, or a self-care unit. Section 82A inserted 29 October 2019 section 16 Corrections Amendment Act 2019
82B: No legitimate expectation as to conditions, etc
1: To avoid doubt, a prisoner does not have any legitimate expectation of—
a: being accommodated in, or of being provided with, the same or similar conditions during the whole term of his or her sentence, period of remand, or other period of detention; or
b: being provided with the same or similar programmes or opportunities during the whole term of his or her sentence, period of remand, or other period of detention.
2: Subsection (1) does not affect any entitlement conferred on a prisoner by this Act or regulations made under it. Section 82B inserted 29 October 2019 section 16 Corrections Amendment Act 2019
4: Coercive powers
Use of force and restraints, and related matters
83: Use of force
1: No officer or staff member may use physical force in dealing with any prisoner unless the officer or staff member has reasonable grounds for believing that the use of physical force is reasonably necessary—
a: in self-defence, in the defence of another person, or to protect the prisoner from injury; or
b: in the case of an escape or attempted escape (including the recapture of any person who is fleeing after escape); or
c: in the case of an officer,—
i: to prevent the prisoner from damaging any property; or
ii: in the case of active or passive resistance to a lawful order.
2: An officer or staff member who uses physical force for any of the purposes or in any of the circumstances referred to in subsection (1) may not use any more physical force than is reasonably necessary in the circumstances.
3: If an officer or staff member uses physical force in dealing with any prisoner, the prisoner must, as soon as practicable after the application of that force, be examined by a registered health professional, unless that application of force is limited to the use of handcuffs of a kind that have been authorised
4: Nothing in this section limits or affects any other provision in this Act or any other enactment that authorises an officer or staff member to use physical force, or any provision of the Crimes Act 1961
a: a justification or excuse for the use of force; or
b: a defence to a charge involving the use of force. 1954 No 51 s 17C Section 83(3) amended 4 June 2013 section 20 Corrections Amendment Act 2013
84: Provoking prisoners
1: No officer or staff member may deliberately act or speak in a manner likely to provoke a prisoner.
2: To avoid doubt, subsection (1) does not prevent an officer or staff member from issuing any lawful order to a prisoner or providing any information to a prisoner or otherwise carrying out his or her duties. 1954 No 51 s 17D
85: Use of non-lethal weapons
1: In any situation described in section 83(1)
2: The use of a non-lethal weapon by an officer or a staff member—
a: is subject to any conditions or restrictions specified in regulations made under this Act; and
b: must, if the weapon is used in any situation described in section 83(1)
3: Regulations may not be made authorising the use of any kind of non-lethal weapon unless the Minister is satisfied that—
a: the use of that kind of weapon is compatible with the humane treatment of prisoners; and
b: the potential benefits from the use of the weapon outweigh the potential risks.
4: In this section, non-lethal weapon
a: to temporarily disable a person against whom it is used; or
b: to incapacitate a person against whom it is used.
5: This section does not limit the powers of a constable Section 85(5) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
86: Possession, carriage, and use of firearms
restricted
1: No officer or staff member may possess, carry, or use any firearm within a prison except as provided under subsection (3).
2: This section does not limit the powers of a constable
3: The chief executive may, in writing, authorise an officer or staff member to possess, carry, or use a firearm (other than a prohibited firearm)
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) applies, a firearm—
a: may only be used by an officer or staff member who holds a current firearms licence under section 24
b: must not be used while prisoners are present; and
c: must not be stored in a prison. 1954 No 51 s 19B Section 86 heading amended 3 April 2009 section 7(1) Corrections Amendment Act 2009 Section 86(1) replaced 3 April 2009 section 7(2) Corrections Amendment Act 2009 Section 86(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 86(3) inserted 3 April 2009 section 7(3) Corrections Amendment Act 2009 Section 86(3) amended 12 April 2019 section 73 Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 Section 86(4) inserted 3 April 2009 section 7(3) Corrections Amendment Act 2009
87: Restraint of prisoners
1: In any situation described in section 83(1)
2: The use of a mechanical restraint by an officer or staff member—
a: is subject to any conditions or restrictions specified in regulations made under this Act; and
b: must, if the restraint is used in any situation described in section 83(1)
3: Regulations may not be made authorising the use of any kind of mechanical restraint unless the Minister is satisfied that—
a: the use of that kind of restraint is compatible with the humane treatment of prisoners; and
b: the potential benefits from the use of the restraint outweigh the potential risks.
4: A mechanical restraint—
a: may not be used for any disciplinary purpose:
b: must be used in a manner that minimises harm and discomfort to the prisoner.
5: A mechanical restraint must not be used on a prisoner for more than 24 hours at a time unless the use of the restraint for more than 24 hours—
a: is authorised by the prison manager and is, in the opinion of a medical officer, necessary to protect the prisoner from self-harm; or
b: is, in the case of a prisoner who has been temporarily removed to a hospital outside the prison for treatment, necessary to prevent the escape of the prisoner or to maintain public safety.
5A: An authorisation under subsection (5)﻿(a)
a: be in writing; and
b: specify the type of restraint to be used; and
c: specify the time during which the prisoner is to be kept under restraint; and
d: include a record of the medical officer's opinion that the restraint is necessary to protect the prisoner from self-harm.
6: Despite subsections (1) to (5), chains or irons must not be fitted or attached to a prisoner in any circumstances.
7: In subsection (6), chains or irons 1954 No 51 s 19 Section 87(5) replaced 29 October 2019 section 17(1) Corrections Amendment Act 2019 Section 87(5A) inserted 4 June 2013 section 21 Corrections Amendment Act 2013 Section 87(5A) amended 29 October 2019 section 17(2) Corrections Amendment Act 2019 Section 87(6) replaced 29 October 2019 section 17(3) Corrections Amendment Act 2019 Section 87(7) inserted 29 October 2019 section 17(3) Corrections Amendment Act 2019
88: Reporting on use of force, weapons, and mechanical restraints
Particulars of the use of force, non-lethal weapons, and mechanical restraints must, wherever required by regulations made under this Act,—
a: be recorded; and
b: be given by notice in writing to the chief executive and to any other person or persons specified in those regulations. Searching of prisoners and other persons
89: Definition of rub-down search
1: For the purposes of this Act, a rub-down search
a: run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of that person:
b: insert his or her hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched:
c: for the purpose of permitting a visual inspection, require the person being searched to do all or any of the following, namely—
i: open his or her mouth:
ii: display the palms of his or her hands:
iii: display the soles of his or her feet:
iv: lift or rub his or her hair.
2: For the purpose of facilitating any of the actions referred to in any of paragraphs (a) to (c) of subsection (1), the person conducting a rub-down search may require the person being searched—
a: to remove, raise, lower, or open any outer clothing (including (without limitation) any coat, jacket, jumper, or cardigan) being worn by the person being searched, except where that person has no other clothing, or only underclothing, under that outer clothing; and
b: to remove any head covering, gloves, or footwear (including socks or stockings) being worn by that person.
3: Authority to conduct a rub-down search includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but does not authorise the insertion of any instrument, device, or thing into any orifice of those kinds. 1954 No 51 s 21D
90: Definition of strip search
1: For the purposes of this Act, a strip search
2: For the purpose of facilitating a strip search, the person conducting the search may require the person being searched to do all or any of the following:
a: open his or her mouth:
b: display the palms of his or her hands:
c: display the soles of his or her feet:
d: lift or rub his or her hair:
e: raise his or her arms to expose his or her armpits:
f: with his or her legs spread apart, bend his or her knees until his or her buttocks are adjacent to his or her heels:
g: lift or raise any part of his or her body (including, for example, rolls of fat, genitalia, and breasts).
3: Authority to conduct a strip search—
a: includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, ears, and anal and genital areas; but
b: does not authorise the insertion of any instrument, device, or thing into any orifice of those kinds.
4: 1954 No 51 s 21E Section 90(2)﻿(f) replaced 4 June 2013 section 22(1) Corrections Amendment Act 2013 Section 90(2)﻿(g) inserted 3 April 2009 section 8(1) Corrections Amendment Act 2009 Section 90(3) replaced 4 June 2013 section 22(2) Corrections Amendment Act 2013 Section 90(4) repealed 4 June 2013 section 22(2) Corrections Amendment Act 2013
91: Definition of scanner search
for purposes of Public Safety (Public Protection Orders) Act 2014 For the purposes of the Public Safety (Public Protection Orders) Act 2014 scanner search Section 91 heading amended 29 October 2019 section 18(1) Corrections Amendment Act 2019 Section 91 amended 29 October 2019 section 18(2) Corrections Amendment Act 2019
92: Definition of x-ray search
for purposes of Public Safety (Public Protection Orders) Act 2014
1: For the purposes of the Public Safety (Public Protection Orders) Act 2014 x-ray search
2: For the purpose of facilitating an x-ray search under that Act
a: remove any item of clothing that needs to be removed in order to carry out the search:
b: comply with any other procedure that needs to be undertaken to carry out the search. Section 92 heading amended 29 October 2019 section 19(1) Corrections Amendment Act 2019 Section 92(1) amended 29 October 2019 section 19(2) Corrections Amendment Act 2019 Section 92(2) amended 29 October 2019 section 19(3) Corrections Amendment Act 2019
92A: Meaning of scanner search for purposes of this Act
1: For the purposes of this Act, scanner search
a: in a person’s body:
b: beneath or within clothing or possessions.
2: For the purpose of facilitating a scanner search under this Act, the person conducting the search may require the person being searched to—
a: remove any item of outer clothing (including, without limitation, any jacket, jumper, or sweatshirt) that needs to be removed in order to carry out the search, except where the person being searched has no other clothing, or only underclothing, under that outer clothing:
b: remove any head covering, gloves, footwear (including socks or stockings), belts, jewellery, or other accessories:
c: comply with any other procedure that needs to be undertaken to carry out the search. Section 92A inserted 29 October 2019 section 20 Corrections Amendment Act 2019
92B: Meaning of imaging technology search
For the purposes of this Act, imaging technology search
a: means a scanner search that produces an image of the body or part of the body (whether external or internal) of the person being searched; and
b: includes, without limitation, a search using an x-ray machine or a body scanner. Section 92B inserted 29 October 2019 section 20 Corrections Amendment Act 2019
92C: Particular matters relating to imaging technology searches
1: An image produced as a result of an imaging technology search must,—
a: so far as practicable, avoid showing a clear image of the body beneath clothing; and
b: obscure the genitals or make them not easily distinguishable if they are included in the image.
2: An image produced as a result of an imaging technology search must be retained only as long as is necessary to determine the presence of an unauthorised item.
3: Despite anything to the contrary in another enactment, a person who conducts an imaging technology search must not, without reasonable excuse, photograph or copy the image or provide the image to another person. Section 92C inserted 29 October 2019 section 20 Corrections Amendment Act 2019
92D: Particular restrictions when imaging technology search used as alternative to strip search
1: The restrictions in section 92C(1) section 98(9)
2: However, an image that is produced using imaging technology—
a: may be viewed only by an officer or a constable of the same sex as the person who is searched; and
b: may not be viewed by another prisoner. Section 92D inserted 29 October 2019 section 20 Corrections Amendment Act 2019
93: Restrictions on internal examinations
Nothing in this Act authorises or permits the internal examination of any body orifice of any person by any officer, except as provided by sections 89 90 92B 1954 No 51 s 21F Section 93 amended 29 October 2019 section 21 Corrections Amendment Act 2019
94: Restrictions on searches
1: The following searches may be carried out only by a person of the same sex as the person to be searched:
a: a rub-down search:
b: a strip search:
c: an imaging technology search that is used as an alternative to a strip search under section 98(9)
1A: A strip search must not be carried out in view of any person who is not of the same sex as the person to be searched.
2: A person who carries out a scanner search, rub-down search, or strip search
3: No officer may conduct a strip search unless one of the following persons is also present:
a: another officer:
b: a constable
4: A strip search of a prisoner must not be carried out in view of another prisoner.
5: No officer may conduct a rub-down search of any person (other than a prisoner) unless one of the following persons is also present:
a: another officer:
b: a constable 1954 No 51 s 21G Section 94(1) replaced 29 October 2019 section 22(1) Corrections Amendment Act 2019 Section 94(1A) inserted 29 October 2019 section 22(1) Corrections Amendment Act 2019 Section 94(2) amended 29 October 2019 section 22(2) Corrections Amendment Act 2019 Section 94(3)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 94(5)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
95: Authority to detain for purposes of search
Authority conferred by this Act to search any person includes the authority to detain that person for the purposes of the search. 1954 No 51 s 21H
96: Authority to search property
1: Authority conferred by this Act to conduct a scanner search of any person includes the authority to search—
a: any item carried by, or in the possession of, that person:
b: any outer clothing removed for the purposes of the search:
c: any head covering, gloves, footwear (including socks or stockings), belts, jewellery, or other accessories removed for the purposes of the search.
2: Authority conferred by this Act to conduct a rub-down search of any person includes the authority to search—
a: any item carried by, or in the possession of, that person:
b: any outer clothing removed, raised, lowered, or opened for the purposes of the search:
c: any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search.
3: Authority conferred by this Act to conduct a strip search
a: any item of clothing removed, raised, lowered, or opened for the purposes of the search:
b: any item carried by, or in the possession of, that prisoner.
4: Authority conferred by this Act to conduct a search of any cell or any place set aside for the exclusive use of a person in a prison includes the authority to search any item in that cell or place.
5: Authority conferred by this Act to conduct a search of any vehicle includes the authority to search any item in that vehicle.
6: Authority conferred by this Act to search any item includes the authority to use any force that is reasonable in the circumstances for the purpose of breaking open that item.
7: Authority to search any cell or other place, vehicle, or item, includes the authority to use an aid or aids such as a chemical substance 1954 No 51 s 21I Section 96(1) replaced 29 October 2019 section 23(1) Corrections Amendment Act 2019 Section 96(3) amended 29 October 2019 section 23(2) Corrections Amendment Act 2019 Section 96(7) inserted 3 April 2009 section 9 Corrections Amendment Act 2009 Section 96(7) amended 29 October 2019 section 23(3) Corrections Amendment Act 2019
97: Use of dogs for searching
1: In exercising any power of search conferred by this Act, any officer may have with him or her, and use for the purposes of searching, any dog.
2: Any dog used for searching may be under the control of—
a: the officer conducting the search; or
b: any other person (being a constable
3: While any officer is using a dog for the purposes of searching any person, the officer who has control of the dog must take reasonable steps to prevent the dog from coming into physical contact with the person being searched.
4: Any officer who uses a dog for the purposes of searching any person must conduct the search with decency and sensitivity and in a manner that affords to the person being searched the greatest degree of dignity consistent with the purpose of the search. 1954 No 51 s 21J Section 97(2)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 97(3) replaced 29 October 2019 section 24 Corrections Amendment Act 2019
98: Search of prisoners and cells
1: An officer may, at any time, for the purpose of detecting any unauthorised item, conduct—
a: a scanner search of any prisoner:
b: a rub-down search of any prisoner:
c: a search of any cell in a prison.
2: Nothing in subsection (1)﻿(c) limits or affects any power or authority to search or inspect any cell in any prison for any purpose relating to the security of the prison.
3: An officer may conduct a strip search of a prisoner—
a: if the officer—
i: has reasonable grounds for believing that the prisoner has in his or her possession an unauthorised item; and
ii: has obtained the manager's approval to the conduct of a strip search; or
b: in the situations referred to in subsection (6).
4: Despite subsection (3)﻿(a)﻿(ii), it is not necessary to obtain the approval of a prison manager for the conduct of a strip search under subsection (3) if the delay involved in obtaining that approval would endanger the health or safety of any person or prejudice the maintenance of security at the prison.
5: The power to conduct a strip search of a prisoner under subsection (3) may only be exercised—
a: for the purpose of detecting any unauthorised item; and
b: if a strip search is necessary in the circumstances for the purpose of detecting an unauthorised item.
6: The situations referred to in subsection (3)﻿(b) are as follows:
a: immediately before the prisoner is locked in a cell to undergo a penalty of cell confinement imposed under subpart 5
b: on the return of the prisoner to the prison after the prisoner is temporarily released from custody
ba: on the return of the prisoner to the prison after the prisoner has been outside the prison in the control of an officer, a probation officer, or a staff member who is not an officer:
c: on the return of the prisoner from work or from a part of the prison that is not supervised:
d: immediately before the prisoner leaves the prison:
e: at any time while the prisoner is being transferred to another prison:
f: at any time while the prisoner is outside the prison in the control of an officer:
g: immediately before or immediately after
i: a Visiting Justice for the purposes of any hearing or examination under subpart 5 subpart 5 of Part 2
ii: a hearing adjudicator for the purposes of any hearing or examination under subpart 5
iii: any tribunal or court:
iv: any hearing before the New Zealand Parole Board:
h: immediately before any person visits the prisoner:
i: immediately after any person has visited the prisoner:
j: if the prisoner is required under section 124
7: Every prisoner must be required to undergo a strip search conducted by an officer—
a: on first being admitted to a prison; and
b:
c: on being received in a prison on transfer from another prison.
7A: Every at-risk prisoner must be required to undergo a strip search conducted by an officer—
a: each time the prisoner enters an at-risk cell, until an at-risk management plan is established for the prisoner:
b: in the situations set out in the at-risk management plan for the prisoner.
7B:
8: A prisoner who is required under section 124 (other than in the situation referred to in section 124(2)﻿(d))
a: the nature of the prescribed procedure is such that there is a risk that the prisoner may dilute, contaminate, or otherwise
b: a strip search is necessary to ensure that such dilution, contamination, or
9: If a prisoner is required to undergo a strip search under this section, a scanner search may be undertaken as an alternative if the chief executive has approved the device as suitable for the purpose of replacing a strip search. 1954 No 51 s 21K Section 98(6)﻿(b) amended 4 June 2013 section 23(1) Corrections Amendment Act 2013 Section 98(6)﻿(ba) inserted 28 April 2020 section 25(1) Corrections Amendment Act 2019 Section 98(6)﻿(g) amended 3 April 2009 section 10(1) Corrections Amendment Act 2009 Section 98(6)﻿(g)﻿(iv) inserted 3 April 2009 section 10(2) Corrections Amendment Act 2009 Section 98(6)﻿(j) inserted 3 April 2009 section 10(3) Corrections Amendment Act 2009 Section 98(7)﻿(b) repealed 28 April 2020 section 25(2) Corrections Amendment Act 2019 Section 98(7A) replaced 28 April 2020 section 25(3) Corrections Amendment Act 2019 Section 98(7B) repealed 28 April 2020 section 25(3) Corrections Amendment Act 2019 Section 98(8) amended 3 April 2009 section 10(4) Corrections Amendment Act 2009 Section 98(8)﻿(a) amended 4 June 2013 section 23(4) Corrections Amendment Act 2013 Section 98(8)﻿(b) amended 4 June 2013 section 23(5) Corrections Amendment Act 2013 Section 98(9) replaced 29 October 2019 section 25(4) Corrections Amendment Act 2019
99: Search of persons other than prisoners
1: A person who wishes to enter a prison or to visit a prisoner may, before being admitted to the prison or before being allowed access to any prisoner, be required to undergo a scanner search conducted by an officer for the purpose of detecting any unauthorised item.
2: A person who enters a prison or visits a prisoner may, at any time while that person is in the prison or visiting a prisoner, be required to undergo a scanner search conducted by an officer for the purpose of detecting any unauthorised item, and, if that person refuses to submit to a scanner search, reasonable force may be used for the purposes of carrying out the search.
3: If any officer has reasonable grounds to suspect that any person who wishes to enter a prison or visit a prisoner, or who is in a prison or visiting a prisoner, has in his or her possession any unauthorised item, the officer may, with that person's consent, conduct a rub-down search of that person.
4: Any person who refuses to submit to a scanner search or a rub-down search before being admitted to a prison or any part of a prison or before being allowed access to a prisoner—
a: must be refused admission to the prison or that part of the prison or, as the case may be, refused access to that prisoner:
b: if the person is already inside the prison or visiting the prisoner, may be required to leave the prison or the other place where the prisoner is.
4A: Any person may be refused admission to a prison or part of the prison, refused access to a prisoner, or required to leave the prison or place where the prisoner is (as the case may be) if the person refuses to remove an item of outer clothing (on the grounds that the person has no other clothing, or only underclothing, under that outer clothing) for the purpose of a scanner search or a rub-down search.
5: A person who is in a prison or visiting a prisoner and who refuses to consent to a rub-down search in accordance with subsection (3) may be required to undergo a rub-down search, and reasonable force may be used for the purposes of carrying out that search.
6: A person may not be required to undergo a rub-down search under subsection (5) unless,—
a: in the case of a person in a prison, the prison manager approves the conduct of a search under subsection (5):
b: in the case of a person visiting a prisoner outside the prison, a security monitor, a prison manager, or the chief executive approves the conduct of a search under subsection (5).
7: Nothing in this section authorises the search of any prisoner.
8: In this section, section 100 section 101 person
a: a staff member:
b: a security officer:
c: a person entering a prison in the course of the person's employment. 1954 No 51 s 21L Section 99(4A) inserted 29 October 2019 section 26 Corrections Amendment Act 2019
100: Search of staff lockers and other places
1: For the purpose of detecting an unauthorised item, an officer may, with the prior approval of the prison manager, and in the presence of another officer, search any place set aside in a prison for the exclusive use of any person other than a prisoner (for example, a staff member’s locker).
2: If any place is to be searched under subsection (1), the person who has the exclusive use of that place must, if he or she can be identified and contacted,—
a: be advised of the proposed search under subsection (1) and of the person's right to be present during that search:
b: be allowed to be present during that search if he or she wishes unless, in the opinion of the prison manager, deferring the search until the person can attend will involve an unacceptable delay. Section 100(1) replaced 3 April 2009 section 11 Corrections Amendment Act 2009
101: Search of vehicles
1: Any vehicle brought into a prison may, while that vehicle is in the prison, be searched by any officer at any time for the purposes of detecting any unauthorised item or any prisoner attempting to escape.
2: For the purposes of any search of a vehicle under subsection (1), any officer who is in uniform or who is wearing any badge or other article that identifies him or her as an officer may, by direction given to the driver or other person in the vehicle,—
a: direct, if necessary, that the vehicle be stopped:
b: direct that the vehicle be kept stopped until the search is completed:
c: require that the officer be given access to any part of the vehicle:
d: require any or all of the passengers (including the driver) to get out of the vehicle:
e: require any or all of the passengers (including the driver) to provide the officer with 1 or more of the following particulars:
i: his or her name:
ii: his or her address:
iii: his or her date of birth.
3: Reasonable force may be used for the purposes of conducting that search. 1954 No 51 s 21M
102: Reporting of unauthorised items discovered, certain searches, and placement in dry cells
1: If any unauthorised item is discovered by any officer or staff member, whether as a consequence of a search under any of sections 98 to 101
2: Every officer who conducts a strip search of any person in the circumstances described in section 98(3)﻿(a) section 98(9), section 99(5) section 100
a: if the officer is not a security officer, report the details of the search to the prison manager concerned:
b: if the officer is a security officer, report the details of the search to the supervisor of the security officer.
3: If any prisoner is placed in a cell or other facility designed to prevent the concealment or disposal of unauthorised items,—
a: the manager of the prison in which the cell or facility is must ensure that a record of the details of that placement, and whether any unauthorised item is discovered as a result, is made and kept:
b: any officer or staff member who discovers an unauthorised item following that placement must report the details of the discovery to the prison manager.
4: Every report under subsection (2) must contain—
a: the reasons for the search; and
b: the details of any unauthorised item discovered as a result of the search.
5: Every person to whom a report is made under subsection (1), subsection (2), or subsection (3)﻿(b) must ensure that a record of that report is made and kept.
103: Detention pending investigation by Police
1: If an officer has reasonable grounds to believe (whether as a consequence of a search under sections 99 to 101 Misuse of Drugs Act 1975
a: detain that person; and
b: for the purposes of paragraph (a), use any physical force (and no more) that is reasonably necessary in the circumstances.
2: An officer may detain a person under this section only for the purpose of obtaining the attendance of a constable who is entitled in the circumstances to exercise any statutory search power.
3: An officer who detains a person under this section must—
a: promptly contact the Police to arrange the attendance of a constable
b: if advised that a constable
4: A person must not be detained under this section for a period exceeding 4 hours.
5: A person who is detained under this section is not a prisoner Section 103(2) replaced 17 December 2016 section 34 Statutes Amendment Act 2016 Section 103(3)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 103(3)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Opening and reading of mail and withholding of correspondence
103A: Interpretation
In this section and in sections 104 to 110A authorised person
a: a prison manager; or
b: a staff member authorised by the manager, in writing, to read correspondence for the purpose of section 107 Section 103A replaced 4 June 2013 section 24 Corrections Amendment Act 2013
104: General considerations relating to mail
As far as practicable in the circumstances, staff members
a: the need to protect the privacy of prisoners and their correspondents:
b: the benefits to prisoners of maintaining contact with persons and organisations outside the prison:
c: the need to maintain the security and order of the prison:
d: the need to prevent the commission of offences:
e: the need to ensure the safety of any person:
f: the need to prevent the entry of unauthorised items into the prison:
g: the interests of victims:
h: the potential impacts of the written material on persons beyond the intended recipient, including the potential for the sharing and publication of the material:
i: the potential for messages to be disseminated through coded references. SR 2000/81 r 96 Section 104 amended 4 June 2013 section 25 Corrections Amendment Act 2013 Section 104(g) inserted 29 October 2019 section 27 Corrections Amendment Act 2019 Section 104(h) inserted 29 October 2019 section 27 Corrections Amendment Act 2019 Section 104(i) inserted 29 October 2019 section 27 Corrections Amendment Act 2019
105: Restriction on sending mail to other prisoners
No prisoner at any prison may send mail to another prisoner without first notifying the prison manager of the prisoner's intentions. SR 2000/81 r 98
106: Opening of mail
1: Subject to sections 109 110
a: mail to or from a prisoner may be opened:
b: mail to or from a prisoner may be examined for unauthorised items:
c: any unauthorised item found in any mail to a prisoner may be withheld from the prisoner, with the authority of the prison manager.
2: Any mail to or from a prisoner that is to be opened or examined must be opened and examined by a staff member in the presence of 1 other staff member. SR 2000/81 r 100 Section 106(2) replaced 4 June 2013 section 26 Corrections Amendment Act 2013
107: Reading of correspondence
1: An authorised person section 108(1)
2: For the purposes of subsection (1), the authorised person
a: have translated into English any correspondence not written in English; or
b: have translated into te reo Māori any correspondence not written in te reo Māori.
3: This section is subject to sections 109 110 SR 2000/81 r 101 Section 107(1) replaced 3 April 2009 section 15(1) Corrections Amendment Act 2009 Section 107(1) amended 4 June 2013 section 27(1) Corrections Amendment Act 2013 Section 107(2) amended 4 June 2013 section 27(2) Corrections Amendment Act 2013
108: Withholding mail
1: A prison manager may withhold mail between a prisoner and another person if—
a: the prisoner or the other person asks the manager to do so; or
b: the other person is under 16 years, and his or her guardian asks the manager to do so; or
c: the other person is a prisoner, and neither prisoner has first notified the prison manager of his or her intention to correspond; or
d: the manager believes on reasonable grounds that the correspondence may, directly or indirectly,—
i: threaten or intimidate any person
ii: endanger the safety or welfare of any person; or
iii: pose a threat to the security of the prison; or
iv: promote or encourage the commission of an offence, or involve, or facilitate the commission or possible commission of, an offence ; 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 (for example, a direction given under section 168A
vii: promote or encourage hostility towards any group of persons on 1 or more of the grounds specified in section 21
2: If mail or an unauthorised item found in any mail is withheld, the prisoner to or from whom the mail was directed must be informed that the mail or item, as the case may be, has been withheld, unless it is to be forwarded to an enforcement officer.
3: This section is subject to sections 109 110 SR 2000/81 r 102 Section 108(1)﻿(d) amended 29 October 2019 section 28(1) Corrections Amendment Act 2019 Section 108(1)﻿(d)﻿(i) amended 29 October 2019 section 28(2) Corrections Amendment Act 2019 Section 108(1)﻿(d)﻿(iv) amended 3 April 2009 section 16(2) Corrections Amendment Act 2009 Section 108(1)﻿(d)﻿(v) inserted 3 April 2009 section 16(2) Corrections Amendment Act 2009 Section 108(1)﻿(d)﻿(vi) inserted 3 April 2009 section 16(2) Corrections Amendment Act 2009 Section 108(1)﻿(d)﻿(vi) amended 1 July 2019 section 52 Family Violence (Amendments) Act 2018 Section 108(1)﻿(d)﻿(vii) inserted 29 October 2019 section 28(3) Corrections Amendment Act 2019
109: Mail between prisoners, official agencies, and members of Parliament
A staff member must not open any mail and an authorised person must not read any correspondence and a prison manager must not withhold any mail that—
a: is from a prisoner to an official agency; or
b: is from a prisoner to a member of Parliament and is addressed to that member at Parliament; or
c: is from an official agency or member of Parliament to a prisoner, and accompanied by a covering letter addressed to the prison manager stating that the agency or member of Parliament is acting in an official capacity in respect of the prisoner. Section 109 replaced 4 June 2013 section 28 Corrections Amendment Act 2013
110: Mail between prisoners and legal advisers
1: A staff member must not open any mail and an authorised person must not read any correspondence and a prison manager must not withhold any mail between a prisoner and his or her legal adviser, unless authorised to do so under any of subsections (2) to (6).
2: A staff member
a: is being sent by a prisoner to his or her legal adviser, but is not addressed to the legal adviser at the legal adviser's business address (including any postal address used for business purposes); or
b: has been sent by a prisoner's legal adviser to the prisoner, but is not accompanied by a covering letter from the legal adviser, addressed to the manager of the prison, stating that—
i: the legal adviser is acting in a professional capacity in respect of the prisoner; and
ii: the mail or correspondence relates to the prisoner's legal affairs.
3: The manager of a prison may examine any mail between a prisoner and his or her legal adviser appearing to contain an unauthorised item, or any correspondence or document not related to the prisoner's legal affairs.
4: The manager of a prison—
a: may read any correspondence or document, or any part of any correspondence or document, contained in any mail between a prisoner and his or her legal adviser examined under subsection (3) that appears not to be related to the prisoner's legal affairs; but
b: must stop reading the correspondence or document, or part of the correspondence or document, as soon as it appears to be related to the prisoner's legal affairs.
5: Any unauthorised item contained in any mail to a prisoner from his or her legal adviser that has been examined under subsection (3) may be withheld from the prisoner.
6: Section 108
a: the manager has read it under subsection (4); and
b: it (or any part of it) appears to the manager not to be related to the prisoner's legal affairs.
7: Mail examined under subsection (3) must be examined in the prisoner's presence.
8: Mail read under subsection (4) must be read in the prisoner's presence.
9: No mail between a prisoner and his or her legal adviser may contain any item other than correspondence or documents relating to the prisoner's legal affairs unless the prisoner and legal adviser first obtain the prison manager's written approval. SR 2000/81 r 104 Section 110(1) replaced 4 June 2013 section 29(1) Corrections Amendment Act 2013 Section 110(2) amended 4 June 2013 section 29(2) Corrections Amendment Act 2013
110A: Restrictions on disclosure of mail
An authorised person
a: the disclosure is made to another authorised person
i: mail may be withheld under section 108(1)
ii: mail that is withheld under section 108(1)
iii: paragraph (c) applies; or
b: the authorised person
i: is necessary to avoid prejudice to the maintenance of the law by a public sector agency (within the meaning of the Privacy Act 2020
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 30
c: the disclosure is required by any enactment or rule of law. Section 110A inserted 3 April 2009 section 19 Corrections Amendment Act 2009 Section 110A amended 4 June 2013 section 30(1) Corrections Amendment Act 2013 Section 110A(a) amended 4 June 2013 section 30(1) Corrections Amendment Act 2013 Section 110A(b) amended 4 June 2013 section 30(2) Corrections Amendment Act 2013 Section 110A(b)﻿(i) amended 1 December 2020 section 217 Privacy Act 2020 Section 110A(b)﻿(iv) amended 1 December 2020 section 217 Privacy Act 2020
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. Section 110B inserted 3 April 2009 section 19 Corrections Amendment Act 2009
110C: Application of
Privacy Act 2020 The Privacy Act 2020 sections 104 to 110B Section 110C inserted 3 April 2009 section 19 Corrections Amendment Act 2009 Section 110C heading amended 1 December 2020 section 217 Privacy Act 2020 Section 110C amended 1 December 2020 section 217 Privacy Act 2020 Telephone calls may be monitored
111: Interpretation
In this section and in sections 112 to 122 completely erased contracted provider device disclose a prisoner call
a: to allow any person to listen to or read a recording of a prisoner call; and
b: to give or lend to any person a recording of a prisoner call eligible employee exempt call section 114 information monitor
a: listen to, record, and take notes from:
b: listen to, read, and take notes from a recording of prisoner call
a: means any information transmitted by means of a telephone call to which a prisoner is a party that is conducted while the prisoner is in the prison; and
b: includes part of a prisoner call recording
a: a copy or printout of such a means:
b: a transcript, written translation, or written translation of a transcript, of the call:
c: a copy of a recording of a transcript, written translation, or written translation of a transcript, of the call telephone call telephone system translate translation
112: Purposes of monitoring prisoners' calls
1: The principal purpose of monitoring prisoner calls is to increase 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, prisoners; and
b: detect and investigate offences committed by, for the benefit of, or with the help or encouragement of, prisoners; and
c: prosecute, convict, and punish—
i: prisoners who commit offences, or who help or encourage other people to commit offences; and
ii: people who commit offences for the benefit of, or with the help or encouragement of, prisoners; and
ca: detect and prevent non-compliance with directions given under section 168A
d: prevent and discourage escapes from prisons.
2: Monitoring prisoner calls also has the purpose of making it easier to—
a: maintain the security, good order, and discipline of prisons; and
b: protect the safety of prisoners. 1954 No 51 s 21N Section 112(1)﻿(ca) inserted 1 July 2019 section 53 Family Violence (Amendments) Act 2018
113: Prisoner calls that may be monitored
1: Any prisoner call that is not an exempt call may be monitored under this Act.
2: An exempt call may be monitored under this Act if the person undertaking the monitoring does not have reasonable grounds to believe that it is an exempt call.
3: A person listening to a prisoner call or a recording of a prisoner call under this Act who forms the view that there are reasonable grounds to believe that it is an exempt call—
a: must promptly stop listening to it; and
b: must take all practicable steps to ensure that every recording of it is destroyed or completely erased.
4: Subsection (2) is subject to subsection (3). 1954 No 51 s 21O
114: Certain calls must not be monitored
1: A prisoner call to which subsection (2) applies is exempt from monitoring under this Act.
2: This subsection applies to a prisoner call if, and only if, it is—
a: a call between a prisoner and a member of Parliament; or
b: a call, relating to the prisoner's legal affairs, between a prisoner and a barrister or solicitor of the High Court—
i: who acts for the prisoner; or
ii: with whom the prisoner is discussing the possibility of the person's acting for the prisoner; or
c: a call between a prisoner and a person acting, in respect of the prisoner, in an official capacity as—
i: an Ombudsman; or
ii: an inspector of corrections; or
iii: the Health and Disability Commissioner; or
iv: the Privacy Commissioner; or
v: a member of the Human Rights Commission continued by section 4
vi: a member of the Independent Police Conduct
vii: a board member of the Children and Young People’s Commission
viii: a Justice of the Peace; or
d: a call between a prisoner and a person acting, in his or her official capacity, on behalf of the International Criminal Court; or
e: a call between a prisoner and a person (other than a prisoner) who—
i: is a person of a kind or description for the time being exempted from monitoring under this Act by the Governor-General by Order in Council (being an order specifying a purpose or purposes for which the exemption is granted); and
ii: is acting for a purpose specified in the order; or
f: a call between a prisoner and a person (other than a prisoner) for the time being exempted from monitoring under this Act by the chief executive.
3: An order under subsection (2)﻿(e)﻿(i) is secondary legislation ( see Part 3 1994 No 51 s 21P The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives, unless it relates exclusively to an individual (in which case a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 114(2)﻿(c)﻿(vi) amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007 Section 114(2)﻿(c)﻿(vii) amended 1 July 2023 section 41 Children and Young People's Commission Act 2022 Section 114(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
115: Only certain persons may monitor
1: No person other than the chief executive or a person who is an eligible employee authorised by the chief executive to monitor prisoner calls (in subsection (2), and sections 117 118 120 authorised person
2: A person authorised to monitor prisoner calls under subsection (1) ceases to be an authorised person if—
a: the chief executive cancels the authority; or
b: the person ceases to be an eligible employee.
3: A person to whom subsection (4) applies may listen to a prisoner call or a recording of a prisoner call, or read a transcript of a prisoner call, if doing so is necessary for, or incidental to any other action or process necessary for, the effective undertaking of the work concerned.
4: This subsection applies to a person who is undertaking, with the chief executive's authority, work comprising the administration, installation, maintenance, repair, testing, or upgrading of a system—
a: by or from which recordings of prisoner calls are made; or
b: in which recordings of prisoner calls are stored.
5: Subsection (1) is subject to subsection (2) and to section 117(4) to (6) 1954 No 51 ss 21Q, 21R
116: Warnings
The chief executive must take all practicable steps to ensure that—
a: on or reasonably promptly after being admitted to a prison, prisoners are informed in writing—
i: that some of their telephone calls may be monitored; and
ii: which types of call are exempt from monitoring; and
iii: the purposes for which information obtained from monitoring may be used; and
b: there are prominently placed in every prison, near telephones that prisoners are authorised to use, written notices—
i: warning prisoners that their telephone calls (other than exempt calls) may be monitored; and
ii: stating in general terms the purposes for which information obtained from monitoring may be used; and
c: at the start of every outward prisoner call that is being or is to be monitored, the prisoner hears, and there is transmitted to the device to which the call is made, a message to the effect that the call may be monitored. 1954 No 51 s 21S
117: Authorised disclosure of information
1AAA: An authorised person may disclose a prisoner call only as provided in this section.
1: An authorised person may disclose a prisoner call for a purpose set out in section 112
2: An authorised person may disclose a prisoner call if the authorised person believes on reasonable grounds that the disclosure—
a: is necessary to avoid prejudice to the maintenance of the law by a public sector agency (within the meaning of the Privacy Act 2020
b: is necessary for the conduct of proceedings (already commenced or reasonably in contemplation) before a court or tribunal; or
c: is necessary to prevent or lessen a serious threat (as defined in section 7(1)
i: public health or public safety; or
ii: the life or health of any person; or
d: has been authorised by the Privacy Commissioner under section 30
2A: An authorised person may disclose a prisoner call to an intelligence and security agency only if the authorised person believes, on reasonable grounds, that the disclosure is necessary to enable the agency to perform any of its functions under section 10 11 13 14
3: An authorised person may disclose a prisoner call to the prisoner concerned.
4: An authorised person who is listening to a prisoner call may allow any eligible employee to listen to the call for the purpose of interpreting it.
5: An authorised person may allow any eligible employee to listen to a recording of a prisoner for the purpose of providing a transcript, a written translation, or both.
6: An authorised person may allow any eligible employee to read a transcript of a prisoner call for the purpose of providing a written translation.
7: 1954 No 51 s 21T Section 117(1AAA) inserted 28 September 2017 section 252(1) Intelligence and Security Act 2017 Section 117(2)﻿(a) amended 1 December 2020 section 217 Privacy Act 2020 Section 117(2)﻿(c) replaced 28 September 2017 section 252(2) Intelligence and Security Act 2017 Section 117(2)﻿(c) amended 1 December 2020 section 217 Privacy Act 2020 Section 117(2)﻿(d) amended 1 December 2020 section 217 Privacy Act 2020 Section 117(2A) inserted 28 September 2017 section 252(3) Intelligence and Security Act 2017 Section 117(7) repealed 29 October 2019 section 29 Corrections Amendment Act 2019
118: Restrictions on disclosure of information
1: An authorised person must not knowingly disclose a prisoner call otherwise than under section 117
2: An authorised person who is listening to a prisoner call must not knowingly allow any other person to listen to it, except under section 117
3: An eligible employee (other than an authorised person) who, under section 117
4: A person who, under section 115(2) 1954 No 51 s 21U Section 118(1) amended 29 October 2019 section 30 Corrections Amendment Act 2019
119: Application of
Privacy Act 2020 The Privacy Act 2020 sections 112 to 122 1954 No 51 s 21V Section 119 heading amended 1 December 2020 section 217 Privacy Act 2020 Section 119 amended 1 December 2020 section 217 Privacy Act 2020
120: Destruction of recordings
1: The chief executive must take all practicable steps to ensure that every recording of a prisoner call held by the chief executive is destroyed or completely erased,—
a: not later than 2 years after the call was made unless the chief executive has within that time considered that the information contained in the recording is likely to be—
i: required for the purposes of an investigation into an offence or possible offence; or
ii: required for the purposes of an investigation into the possibility that an offence may be committed in the future; or
iii: required for evidence in a prosecution or possible prosecution for an offence, or in disciplinary proceedings, or in proceedings against a prisoner for a disciplinary offence; or
iv: required to be disclosed under the Privacy Act 2020
b: within a time prescribed in regulations (being a time not later than 2 years after the call was made) if any circumstances prescribed in regulations apply.
1A: If a recording of a prisoner call is held by the chief executive for any reason specified in subsection (1)﻿(a), the chief executive must, as soon as he or she is satisfied that the information contained in the recording is no longer likely to be required for that reason, take all practicable steps to ensure the recording is destroyed or completely erased.
2: Despite subsection (1), if the Privacy Commissioner has notified the chief executive in writing that a complaint has been made under the Privacy Act 2020
a: not been proceeded with; or
b: been finally disposed of.
3: The Commissioner of Police or, as the case may be, the chief executive or board of a public service agency (except an intelligence or security agency)
3A: The Director-General of an intelligence and security agency must ensure that every recording of a prisoner call held by the agency that was obtained by the monitoring of the call under this Act is destroyed, or completely erased, as soon as practicable if the recording is not required, or is no longer required, by the agency for the purpose of its functions.
4: Nothing in subsections (1), (3), and (3A)
5: Subsection (6) applies if—
a: 2 or more recordings of prisoner calls are stored in such a way that it is not practicable to destroy or completely erase one without destroying or completely erasing the others; and
b: subsection (1) requires the destruction or complete erasure of 1 or more, but not all of them.
6: If this subsection applies, an authorised person may arrange for the recording or recordings that are not required to be destroyed 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 admissible in evidence to the same extent that the destroyed recording it is a copy of would have been.
8: For the purpose of subsection (3),—
a: public service agency section 5
b: if the recording referred to in subsection (3) is held by a departmental agency or an interdepartmental executive board (within the meaning of those terms in section 5 1954 No 51 s 21W Section 120(1) replaced 4 June 2013 section 31 Corrections Amendment Act 2013 Section 120(1)﻿(a)﻿(iv) amended 1 December 2020 section 217 Privacy Act 2020 Section 120(1A) inserted 4 June 2013 section 31 Corrections Amendment Act 2013 Section 120(2) amended 1 December 2020 section 217 Privacy Act 2020 Section 120(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 120(3) amended 29 October 2019 section 31(1) Corrections Amendment Act 2019 Section 120(3A) inserted 29 October 2019 section 31(2) Corrections Amendment Act 2019 Section 120(4) amended 29 October 2019 section 31(3) Corrections Amendment Act 2019 Section 120(8) inserted 7 August 2020 section 135 Public Service Act 2020
121: Notice to be given of intention to produce evidence of recording
Particulars of a recording of a prisoner call must not be received in evidence by any court against any person, or in any proceedings against a prisoner for a disciplinary offence, unless the party intending to adduce it has given the person reasonable notice of the party's intention to do so, together with—
a: either—
i: a transcript of the recording if the party intends to adduce it in the form of a recording; or
ii: a written statement setting out the full particulars of the recording if the party intends to adduce oral evidence of it; and
b: a statement of the time, place, and date of the call, and of the names and addresses of the parties to the call, if they are known. 1954 No 51 s 21X
122: Privileged evidence
1: This subsection applies to evidence that—
a: has been obtained by the monitoring of a prisoner call under sections 112 to 121
b: but for the monitoring, would have been privileged by virtue of—
i: any provision of Part 3
ii: any rule of law conferring privilege on communications of a professional character between a barrister or solicitor and a client.
2: Evidence to which subsection (1) applies remains privileged, and must not be given in any court except with the consent of the person entitled to waive the privilege. 1954 No 51 s 21Z Alcohol and drugs
123: Chief executive must issue drug and alcohol strategy
1: The chief executive must, at intervals of not more than 5 years, issue a drug and alcohol strategy relating to drug and alcohol use by prisoners.
2: Every drug and alcohol strategy must include provisions relating to the following matters:
a: the assessment of individual prisoners:
b: measures to detect drug use in prisons:
c: measures to reduce the demand for drugs and alcohol among prisoners:
d: measures to reduce the supply of drugs and alcohol to prisoners:
e: treatment services and harm minimisation services:
f: staff training. 1954 No 51 s 36B
124: Prisoner may be required to submit to drug or alcohol test
1: An officer may, in any of the situations referred to in subsection (2) and subject to any limitations prescribed by regulations
2: The situations referred to in subsection (1) are as follows:
a: if the prison manager suspects section 129 section 130(1)
b: if the prisoner's name has been selected under a random-testing programme established by regulations made under this Act for purposes set out in those regulations:
c: if the prisoner is a voluntary participant in any programme, regime, or custodial arrangement—
i: that has as one of its aims the reduction of
ii: under which the prisoner agrees to submit, on demand made under this section, to any prescribed procedure:
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.
3: Despite subsection (1), a person may not be required to submit to a prescribed procedure under this section if he or she is for the time being temporarily released from custody under section 62
4: Nothing in subsection (3) prevents a person from being required to submit to a prescribed procedure under this section when the person ceases to be on temporary release from custody under section 62
5: No procedure may be prescribed that requires any prisoner to supply a sample of his or her blood, but nothing in this subsection limits the power to prescribe any procedure that requires a prisoner to supply any other type of sample (including, without limitation, a sample of saliva or urine, or other bodily sample). 1954 No 51 ss 36BB, 45(22)–(23A) Section 124(1) amended 5 March 2013 section 32(1) Corrections Amendment Act 2013 Section 124(2)﻿(a) amended 5 March 2013 section 32(2) Corrections Amendment Act 2013 Section 124(2)﻿(c)﻿(i) amended 3 April 2009 section 20(1) Corrections Amendment Act 2009 Section 124(2)﻿(d) inserted 3 April 2009 section 20(2) Corrections Amendment Act 2009
125: Obligations of persons carrying out procedure
On requiring a prisoner to submit to a prescribed procedure under section 124
a: inform the prisoner—
i: of the reason for the requirement; and
ii: of the consequences for the prisoner if the prisoner refuses to submit to the procedure; and
iii: that it is a disciplinary offence to dilute, contaminate, or otherwise
b: explain to the prisoner, in general terms,—
i: how the procedure will be carried out; and
ii: how any sample obtained from the procedure will be analysed. 1954 No 51 s 36BB(4) Section 125(a)﻿(iii) amended 4 June 2013 section 33 Corrections Amendment Act 2013
126: Prisoner must be informed of result of procedure
If, under section 124 1954 No 51 s 36BC
127: Restrictions on use of result of procedure
1: Neither the fact that a prisoner has been required, under section 124
a: in any proceedings under this Act, other than proceedings for an offence against section 129 section 130(1)
b: in any proceedings under any other enactment.
2: To avoid doubt, subsection (1) does not prevent any fact or information from being presented to, or considered by, the New Zealand Parole Board. 1954 No 51 s 36BD
5: Offences
Offences against discipline
128: Offences by prisoner
1: Every prisoner (whether inside or outside a prison) commits an offence against discipline who—
a: disobeys any lawful order of an officer or a staff member, or disobeys or fails to comply with any regulation made under this Act or any rule of the prison made under section 33
b: deliberately mismanages his or her work:
c: behaves in an offensive, threatening, abusive, or intimidating manner:
d: without authority, communicates with any person inside or outside the prison by using a telephone or other electronic communication
e: leaves or is absent from his or her cell or place of work or other place where the prisoner is required to be without permission or reasonable excuse:
f: without the approval of an officer, has any article in his or her cell or in his or her possession, or gives to or receives from any person any article, or attempts to obtain any article:
g: assaults, or fights with, any other person:
h: deliberately disfigures, damages, or destroys any part of the prison or any property that is not his or her own, or who loses any prison property because of his or her negligence or improper conduct:
i: obstructs any officer in the execution of his or her duty:
j: makes an allegation against any staff member, security officer, prisoner, or any other person lawfully in the prison, knowing that the allegation is false:
k: combines with other prisoners for a purpose that is likely to endanger the security or good order of the prison:
l: escapes from any prison or from lawful custody:
m: contrary to a direction given under section 41
i: photographs being taken of the prisoner:
ii: biometric information being collected from the prisoner:
iii: measurements being taken from the prisoner:
iv: any other prescribed procedure designed to create a record to enable the subsequent identification of the prisoner.
n: being a prisoner who is temporarily removed from prison under section 62 section 64
o: tattoos another prisoner:
p: receives a tattoo with his or her consent:
q: tattoos himself or herself:
r: contacts a person in breach of a court order or direction of any court.
2: If an allegation referred to in subsection (1)﻿(j) is against a staff member of a prison or a security officer,—
a: a charge alleging an offence under that provision may only be laid,—
i: in the case of a staff member, if the supervisor of that staff member or the prison manager gives his or her written approval to the laying of the charge:
ii: in the case of a security officer, if the supervisor of that security officer or the security contractor who employs that security officer gives his or her written approval to the laying of the charge:
b: the charge may not be laid until any investigation of the allegation by an inspector of corrections, an Ombudsman, or any other official agency has been completed:
c: the charge may only be heard by—
i: a hearing adjudicator who is employed at another prison or appointed in respect of another prison than the prison at which the staff member is employed; or
ii: a Visiting Justice. 1954 No 51 s 32(1), (2) Section 128(1)﻿(d) amended 3 April 2009 section 21 Corrections Amendment Act 2009 Section 128(1)﻿(m) replaced 22 August 2017 section 17 Enhancing Identity Verification and Border Processes Legislation Act 2017 Section 128(1)﻿(o) inserted 29 October 2019 section 32 Corrections Amendment Act 2019 Section 128(1)﻿(p) inserted 29 October 2019 section 32 Corrections Amendment Act 2019 Section 128(1)﻿(q) inserted 29 October 2019 section 32 Corrections Amendment Act 2019 Section 128(1)﻿(r) inserted 29 October 2019 section 32 Corrections Amendment Act 2019
129: Offences by prisoners relating to drugs
, alcohol, smoking, and vaping Every prisoner commits an offence against discipline who,—
a: without the authority of a medical officer or health centre manager or unless section 79(3)
aa: smokes tobacco or any other substance , or vapes within the meaning of section 2
b: having been required under section 124
i: refuses to comply with the requirement; or
ii: without reasonable excuse, fails to comply with the requirement; or
c: does any of the following in respect of any sample required to be supplied (whether by that prisoner or any other prisoner) in accordance with a prescribed procedure:
i: consumes, administers, or supplies any substance with intent to dilute or contaminate the sample:
ii: otherwise tampers with the sample. 1954 No 51 s 32A(1) Section 129 heading amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 129 heading amended 5 March 2013 section 34(2) Corrections Amendment Act 2013 Section 129(a) amended 4 June 2013 section 34(1) Corrections Amendment Act 2013 Section 129(a) amended 3 April 2009 section 22 Corrections Amendment Act 2009 Section 129(aa) inserted 5 March 2013 section 34(3) Corrections Amendment Act 2013 Section 129(aa) amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 129(c) replaced 4 June 2013 section 34(4) Corrections Amendment Act 2013
130: Offences committed by persons while on temporary release from custody under section 62
1: Every person commits an offence against discipline who, without the authority of a medical officer or health centre manager section 62
2: Every person commits an offence against discipline who is in breach of a condition imposed on his or her release during any period while the person is on temporary release from custody under section 62
3: No complaint alleging that a person has committed an offence against this section may be laid while that person is on temporary release from custody under section 62
4: If a complaint is laid alleging an offence against this section, it must be determined in accordance with sections 133 to 140 1954 No 51 s 32A(2)–(4) Section 130(1) amended 4 June 2013 section 35 Corrections Amendment Act 2013
131: Attempting or aiding commission of offence against discipline
Every prisoner or person on temporary release from custody under section 62 1954 No 51 s 32(3)
132: Minor or unintentional breaches of discipline
1: As far as practicable in the circumstances and if appropriate, an officer must deal with a minor or an unintentional breach of discipline by a prisoner in the following manner:
a: by stopping the breach of discipline and explaining the nature of the breach to the prisoner committing the breach:
b: by instructing the prisoner to correct his or her behaviour:
c: by allowing the prisoner to make amends to any person aggrieved by the breach.
2: If a minor or an unintentional breach of discipline is not dealt with under subsection (1), this section does not prevent a prisoner from being charged with a disciplinary offence. SR 2000/81 r 143
133: Powers of hearing adjudicator in relation to offences against discipline
1: A hearing adjudicator has power to hear any complaint relating to any offence against discipline alleged to have been committed by a prisoner, and may examine any person concerning the alleged offence, on oath or otherwise at his or her discretion.
2: Every hearing and examination must be in the presence and hearing of the prisoner charged with the offence, who is entitled to be heard and to cross-examine any witness.
3: If, at any hearing under this section, a hearing adjudicator finds the offence proved, he or she may impose 1 or more of the following penalties:
a: forfeiture or postponement of all or any
b: forfeiture of earnings for any period not exceeding 7 days:
c: confinement in a cell for any period not exceeding 7 days.
3A: The hearing adjudicator must take into account the prisoner's circumstances before imposing any forfeiture or postponement of privileges under subsection (3)﻿(a).
4: If the offence proved is—
a: any offence against section 128(1) 129 130 131
b: an offence against section 128(1)﻿(h) section 66 section 67
c: an offence against section 130(1) or (2) section 67
5: If the hearing adjudicator considers that, in the circumstances of the case, the prisoner should be charged before a court with an offence (other than an offence against section 128 section 129 section 130
a: decline to proceed with the hearing; and
b: request the appropriate authority to prosecute the prisoner and forward with that request a summary of the adjudicator's reasons for making the request.
6: This section is subject to sections 134 to 140 1954 No 51 s 34(1)–(3) Section 133(3)﻿(a) amended 4 June 2013 section 36(1) Corrections Amendment Act 2013 Section 133(3A) inserted 4 June 2013 section 36(2) Corrections Amendment Act 2013 Section 133(4)﻿(a) replaced 3 April 2009 section 23 Corrections Amendment Act 2009
134: Decision as to who is to hear charge
1: If a complaint alleging an offence against discipline is brought before a hearing adjudicator, the adjudicator may, at any time before making a decision as to whether the charge is proved, refer the case to a Visiting Justice for hearing and determination in accordance with section 137
2: A hearing adjudicator may exercise the powers conferred by subsection (1) only if the adjudicator considers—
a: that the conduct that is alleged to constitute the offence may warrant a higher penalty than can be imposed by the adjudicator under section 133
b: that, because of the complexity of the issues likely to arise (including, without limitation, points of law), it would be appropriate for the case to be referred to a Visiting Justice; or
c: that both paragraphs (a) and (b) apply.
3: If a hearing adjudicator exercises the powers conferred by subsection (1), the adjudicator must forward a summary of his or her reasons for the decision to the Visiting Justice. 1954 No 51 s 34(4)﻿(a)
135: Applications for legal representation
1: If a prisoner requests permission to be legally represented at the hearing of a charge alleging an offence against discipline, the request must be considered and determined by—
a: a hearing adjudicator; or
b: if the case has been referred to a Visiting Justice under section 134
2: In determining whether to grant permission to a prisoner to be legally represented, the hearing adjudicator or Visiting Justice must have regard to—
a: the seriousness of the conduct that is alleged to constitute the offence and the magnitude of the penalty that is likely to be imposed:
b: the complexity of the issues that are likely to arise at the hearing (including, without limitation, points of law):
c: any procedural difficulties likely to be encountered (for example, the need to cross-examine witnesses):
d: the capacity of the prisoner concerned to present his or her case effectively:
e: the need for reasonable speed generally in decision-making required for the determination of charges relating to offences against discipline:
f: the need to ensure that hearings of those charges are conducted fairly as between—
i: different prisoners:
ii: the complainant and the defendant:
g: any other matter that the adjudicator considers relevant.
3: If a request under subsection (1) is considered by a hearing adjudicator and the adjudicator permits the prisoner to be legally represented at the hearing, the adjudicator must refer the case to a Visiting Justice for hearing and determination in accordance with section 137
4: If the hearing adjudicator does not permit the prisoner to be legally represented, that hearing adjudicator or another hearing adjudicator must hear and determine the case in accordance with section 133 section 134
5: A hearing adjudicator or Visiting Justice must provide the prisoner and the prison manager with a summary in writing of his or her reasons for the decision to permit or, as the case may require, not to permit the prisoner to be legally represented.
136: Right to appeal to Visiting Justice against decision of hearing adjudicator
1: If a prisoner is dissatisfied with any decision of a hearing adjudicator, the prisoner may, no later than 14 days after the date of the decision, request that the decision be referred by way of appeal to a Visiting Justice; on receiving that request, the prison manager must promptly refer it to a Visiting Justice.
2: If the appeal to the Visiting Justice relates to a refusal to grant the prisoner permission to be legally represented at his or her hearing, the Visiting Justice must consider the appeal and may confirm the decision of the hearing adjudicator or reverse it.
3: If the Visiting Justice allows the appeal under subsection (2), the Visiting Justice must hear or, as the case requires, rehear the whole case.
4: If the appeal to the Visiting Justice relates to any finding of the hearing adjudicator, the Visiting Justice must rehear the whole case, and may—
a: either reverse that finding or confirm it; and
b: either confirm the penalty or, if in his or her opinion the circumstances require it, impose in its place any penalty that could have been imposed by the hearing adjudicator.
5: If the appeal to the Visiting Justice relates only to a penalty imposed by the hearing adjudicator, the Visiting Justice must consider only the question of the penalty, and may either—
a: confirm the penalty; or
b: if in his or her opinion the circumstances require it, impose in its place any penalty that could have been imposed by the hearing adjudicator.
6: If there is an appeal under this section, any penalty imposed by the hearing adjudicator is suspended, until the appeal is disposed of. 1954 No 51 s 35
137: Powers of Visiting Justice in relation to offences by prisoners
1: Every Visiting Justice has power to hear any complaint relating to any offence against discipline alleged to have been committed by a prisoner, and may examine any person concerning the alleged offence on oath or otherwise at his or her discretion.
2: Every hearing and examination must be in the presence and hearing of the prisoner charged with the offence, who is entitled to be heard and to cross-examine any witness.
3: If, at any hearing under this section, the Visiting Justice finds the offence proved, he or she may impose 1 or more of the following penalties:
a: forfeiture or postponement of all or any
b: forfeiture of earnings for any period not exceeding 3 months:
c: confinement in a cell for any period not exceeding 15 days.
3A: The Visiting Justice must take into account the prisoner's circumstances before imposing any forfeiture or postponement of privileges under subsection (3)﻿(a).
4: If the offence proved is—
a: any offence against section 128(1) 129 130 131
b: an offence against section 128(1)﻿(h) section 66 section 67
c: an offence against section 130(1) or (2) section 67
5: Despite subsections (3) and (4), if the case was referred to the Visiting Justice for hearing under section 134(2)﻿(b) section 135(3) section 133(3)
a: the case was also referred to the Visiting Justice for hearing under section 134(2)﻿(a) or (c)
b: the Visiting Justice considers that the case could have been referred to him or her for hearing under section 134(2)﻿(a) section 134(2)﻿(b) or section 135(3)
6: If the Visiting Justice considers that, in the circumstances of the case, the prisoner should be charged before a court with an offence (other than an offence against section 128 section 129 section 130
a: decline to proceed with the hearing; and
b: request the appropriate authority to prosecute the prisoner and forward with the request a summary of the Visiting Justice's reasons for making that request. 1954 No 51 s 33 Section 137(3)﻿(a) amended 4 June 2013 section 37(1) Corrections Amendment Act 2013 Section 137(3A) inserted 4 June 2013 section 37(2) Corrections Amendment Act 2013 Section 137(4)﻿(a) replaced 3 April 2009 section 24 Corrections Amendment Act 2009
138: Reference of case from Visiting Justice to hearing adjudicator
1: Despite anything in sections 134 to 137 section 133
2: A Visiting Justice may exercise the power conferred by subsection (1) only if he or she considers that—
a: it is appropriate for the case to be heard by a hearing adjudicator; and
b: the case can effectively be determined by the hearing adjudicator without reference or further reference, as the case may be, to a Visiting Justice.
139: Mode of hearing or reaching decisions
Any hearing or application under any of sections 133 to 138
139A: Mode of hearing or reaching decisions
2022-10-20 Corrections Act 2004 Section 139A: is repealed when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. The Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2022 (https://gazette.govt.nz/notice/id/2022-sl3849) comes into force on 15 September 2022 and sets a new expiry date of 20 October 2022. Under section 5(3) of the Epidemic Preparedness Act 2006, the notice expires on the day that is 3 months after its commencement, unless an earlier expiry date is notified; or the notice is renewed under section 7 of that Act. Section 139A repealed 20 October 2022
140: Commencement of penalties
1: A penalty imposed under section 133 section 137
a: commences on the date it is imposed; and
b: may not be cumulative on any other penalty imposed under section 133 section 137
2: Subsection (1)﻿(a) is subject to section 136(6) 1954 No 51 ss 33(3), 34(3) Other offences
141: Unauthorised deliveries, communications,
recordings, and possession of unauthorised items
1: Subject to subsection (1A), every person
a: brings any thing, or causes any thing to be brought, into a prison, intending that it should come into the possession of a prisoner:
b: places any thing, or causes it to be placed, anywhere in a prison (whether inside or outside a building) or outside a prison, intending that it should come into the possession of a prisoner:
c: delivers any thing, or causes it to be delivered, to any prisoner inside a prison:
d: takes any thing, or causes it to be taken, out of a prison on behalf of a prisoner:
e: holds any communication with a prisoner who is inside a prison if that communication may prejudice the maintenance of the law, the safe custody of the prisoner, the well-being of any victim of an offence committed by that prisoner, the safety of any person,
f: makes any visual recording (whether by photograph, film, videotape, or otherwise) or sound recording of a prisoner if the making of such a recording may prejudice the maintenance of the law, the safe custody of the prisoner, the well-being of any victim of an offence committed by that prisoner, the safety of any person,
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).
1A: Subsection (1)﻿(g) does not apply to a prisoner.
1B: A person is liable on
a: commits an offence against subsection (1)﻿(a), (b), (c), or (g); or
b: commits an offence against subsection (1)﻿(h) by attempting to do any thing described in subsection (1)﻿(a), (b), (c), or (g).
1C: A person is liable on
a: commits an offence against any of subsection (1)﻿(d) to (f); or
b: commits an offence against subsection (1)﻿(h) by attempting to do any thing described in any of subsection (1)﻿(d) to (f).
2: Subsection (1)﻿(e) and (f) do not apply to anything done by an officer, staff member, or probation officer in the course of his or her duties.
3: Despite anything in subsection (1B) or (1C) (d), or (g)
4: In this section and in sections 142 to 148 person
a: a staff member of the prison:
b: a security officer:
c: a person entering the prison in the course of the person's employment. 1954 No 51 s 44(1), (2) Section 141 heading amended 3 April 2009 section 25(1) Corrections Amendment Act 2009 Section 141(1) amended 3 April 2009 section 25(2)﻿(a) Corrections Amendment Act 2009 Section 141(1) amended 3 April 2009 section 25(2)﻿(b) Corrections Amendment Act 2009 Section 141(1)﻿(e) amended 3 April 2009 section 25(3) Corrections Amendment Act 2009 Section 141(1)﻿(f) amended 3 April 2009 section 25(4) Corrections Amendment Act 2009 Section 141(1)﻿(g) replaced 3 April 2009 section 25(5) Corrections Amendment Act 2009 Section 141(1)﻿(h) inserted 3 April 2009 section 25(5) Corrections Amendment Act 2009 Section 141(1A) inserted 3 April 2009 section 25(6) Corrections Amendment Act 2009 Section 141(1B) inserted 3 April 2009 section 25(6) Corrections Amendment Act 2009 Section 141(1B) amended 1 July 2013 section 6 Corrections Amendment Act 2011 Section 141(1C) inserted 3 April 2009 section 25(6) Corrections Amendment Act 2009 Section 141(1C) amended 1 July 2013 section 6 Corrections Amendment Act 2011 Section 141(3) amended 3 April 2009 section 25(7)﻿(a) Corrections Amendment Act 2009 Section 141(3) amended 3 April 2009 section 25(7)﻿(b) Corrections Amendment Act 2009
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) is liable on Section 141A inserted 3 April 2009 section 26 Corrections Amendment Act 2009 Section 141A(2) amended 1 July 2013 section 6 Corrections Amendment Act 2011
142: Trespassing in, or loitering about, prison
Every person commits an offence and is liable on
a: without reasonable excuse, deliberately trespasses on any land, knowing or having reasonable cause to believe that it is part of a prison; or
b: loiters about a place where prisoners are detained or employed, and refuses or fails to leave after being warned by a constable Section 142 amended 1 July 2013 section 6 Corrections Amendment Act 2011 Section 142(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
143: Restricted communications with, or deliveries to, prisoner outside prison
1: Every person commits an offence
a: holds or attempts to hold any restricted communication with a prisoner outside a prison under the control of any person, without the permission of the person under whose control the prisoner is; or
b: delivers or attempts to deliver, or causes to be delivered, to any prisoner outside a prison under the control of any person any thing, without the permission of the person under whose control the prisoner is.
2: Subsection (1)﻿(a) does not apply to any thing done by an officer, staff member, or probation officer in the course of his or her duties.
2A: A person who commits an offence against subsection (1)﻿(a) or (b) is liable on
2B: Despite subsection (2A), an officer, staff member, or probation officer who commits an offence against subsection (1)﻿(b) is liable on conviction
3: In this section restricted communication
a: any communication that may prejudice the maintenance of the law, the safe custody of the prisoner, the well-being of any victim of an offence committed by that prisoner, the safety of any person,
b: any communication whatsoever that takes place after the person, in whose control the prisoner is, has forbidden that communication or directed that it cease. 1954 No 51 s 44(2A), (2B) Section 143(1) amended 3 April 2009 section 27(1) Corrections Amendment Act 2009 Section 143(2A) inserted 3 April 2009 section 27(2) Corrections Amendment Act 2009 Section 143(2A) amended 1 July 2013 section 6 Corrections Amendment Act 2011 Section 143(2B) inserted 3 April 2009 section 27(2) Corrections Amendment Act 2009 Section 143(2B) amended 1 July 2013 section 6 Corrections Amendment Act 2011 Section 143(3)﻿(a) amended 3 April 2009 section 27(3) Corrections Amendment Act 2009
144: Pretending to be security officer or employee of department
1: Every person commits an offence who, not being an employee of the department on whom powers or functions are conferred by this Act or a security officer, by words, conduct, or demeanour,—
a: pretends that he or she is an employee of the department with powers or functions under this Act or a security officer; or
b: puts on or assumes the dress, name, designation, or description of an employee of the department with powers or functions under this Act or a security officer.
2: Every person who commits an offence against subsection (1) is liable on Section 144(2) amended 1 July 2013 section 6 Corrections Amendment Act 2011
145: Failure to comply with direction or requirement under section 101(2)
Every person commits an offence and is liable on section 101(2) 1954 No 51 s 21M Section 145 amended 1 July 2013 section 6 Corrections Amendment Act 2011
146: Offences in relation to mail, information, and images
Every person who contravenes section 92C(3) 110A 118 Section 146 replaced 29 October 2019 section 33 Corrections Amendment Act 2019
147: Injuring, interfering with, or obstructing dog used for searching
Every person commits an offence and is liable on
a: injures a dog used or intended to be used for searching under section 97
b: intentionally interferes with, or obstructs, such a dog. Section 147 amended 1 July 2013 section 6 Corrections Amendment Act 2011
148: Offences in relation to requisitioning
1: Every person commits an offence who—
a: intentionally fails to comply with any direction given to him or her under section 191
b: intentionally fails to provide assistance under section 191
2: It is a defence in any proceedings for an offence against subsection (1)﻿(a) if the court is satisfied that the Minister did not have reasonable grounds for believing that in all the circumstances of the case the direction to requisition property was necessary for the safe custody and welfare of prisoners.
3: It is a defence in any proceedings for an offence against subsection (1)﻿(b) if the court is satisfied that the person had reasonable grounds for not providing assistance.
4: Every person who commits an offence against subsection (1) is liable on
a: in the case of an individual, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $5,000, or to both:
b: in the case of a body corporate, to a fine not exceeding $50,000. 2002 No 33 ss 101 104 Section 148(4) amended 1 July 2013 section 6 Corrections Amendment Act 2011
149: Power of arrest
Any constable sections 141 to 145 section 147 section 148 1954 No 51 s 44(3) Section 149 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
150: Power of seizure
1: Any constable sections 141 to 145 section 147 section 148
a: seize any thing in respect of which he or she has reasonable grounds to believe that the breach has occurred; and
b: for the purpose of seizing any photographic film, videotape, other visual recording, or a sound recording, temporarily take possession of any article in which it is contained.
2: Anything seized under subsection (1) in respect of which any person is convicted of an offence under any of sections 141 to 145 section 147 section 148
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 133 137 1954 No 51 s 44(4) Section 150(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 150(3) inserted 3 April 2009 section 29 Corrections Amendment Act 2009
6: Complaints, investigations, and inspections
151: Interpretation
In this section and sections 152 to 160 corrections complaints system
152: Objectives and monitoring of corrections complaints system
1: The corrections complaints system has the following objectives:
a: to enable complaints by persons who are or were under control or supervision to be dealt with internally on a formal basis:
b: to ensure that all persons under control or supervision are aware of the complaints system and are able to make a complaint if and when they choose to do so, without fear of adverse consequences:
c: to ensure that complaints are investigated in a fair, timely, and effective manner:
d: to ensure that, if possible in the circumstances, complaints are dealt with reasonably promptly:
e: to ensure that, if possible in the circumstances, complaints are dealt with at the lowest and most informal level:
f: to ensure that all reasonable steps are taken to investigate complaints:
g: to ensure that complainants are advised of the progress in investigating their complaints:
h: to ensure that complaints are, to the extent possible, investigated in a culturally sensitive manner:
i: to ensure that the identities of complainants are disclosed only to the extent that it is necessary to assist in the investigation of complaints.
2: The complaints system must be monitored frequently and audited to ensure the effectiveness of that system. SR 2000/81 r 178
153: Prisons, community work centres, and probation offices must have internal complaints system
1: In every prison, community work centre, and probation office, there must be an internal complaints system that satisfies the prescribed requirements and that enables complaints to be dealt with internally on a formal basis.
2: The prison manager or controlling officer of the community work centre or probation office must ensure that the internal complaints system for that place complies with the objectives set out in section 152
3: Notices must be prominently displayed in each unit in a prison, in each community work centre, and in each place that is staffed permanently as a probation office, that explain—
a: the complaints investigation process generally; and
b: how persons under control or supervision may obtain forms for requesting interviews or for making formal complaints; and
c: the right of persons under control or supervision to request, at any time, assistance from an inspector of corrections or the ombudsmen.
4: Notices providing details of an impending visit by an inspector of corrections or an ombudsman must be prominently displayed within each unit in a prison, in each community work centre, and in each place that is staffed permanently as a probation office.
5: The controlling officer of a probation area must ensure that persons under control or supervision in that area who are not prisoners or persons required to regularly attend at a community work centre or permanently staffed probation office are given information on the matters referred to in subsection (3)﻿(a) to (c). SR 2000/81 r 179
154: Assistance to make complaints
1: The chief executive must ensure that a person under control or supervision is given the opportunity to—
a: obtain assistance to enable the person to make a complaint; or
b: verify any information recorded on a form or other document outlining a complaint.
2: The chief executive must ensure that any person who is under control or supervision who has difficulties with verbal or written communication is provided with assistance—
a: to complete any required documents; and
b: to prepare or present his or her case. SR 2000/81 r 180
155: Persons under or previously under control or supervision may seek assistance from inspector of corrections
A person who is or was under control or supervision may, at any time, seek assistance from an inspector of corrections for the purpose of making a complaint.
156: Investigation of complaints by inspector of corrections
1: An inspector of corrections may investigate a complaint in any manner that the inspector considers appropriate (which may include, without limitation, referring the complaint to another person for consideration).
2: While investigating a complaint, an inspector must be given access to—
a: any person within the prison (including any Police station to which section 36
b: any contractor, security contractor, or other person who is or has been responsible for—
i: the supervision or oversight of a complainant while the complainant carries or carried out his or her sentence or order; or
ii: the monitoring of a complainant while the complainant is or was—
A:
B: serving a sentence of home detention imposed under section 80A
C: serving a sentence of community detention:
D: on parole subject to residential restrictions imposed under section 15
iii: the performance of any escort or courtroom custodial duties in relation to the complainant; and
c: any records held by an employee of the department or any other person referred to in paragraph (a) or paragraph (b) that are relevant to the complaint (other than personnel records relating to a constable constables
3: If an inspector investigates a complaint, the inspector must conduct the investigation reasonably promptly, and must inform the complainant and the other persons concerned, promptly after the conclusion of the investigation and in a manner that the inspector considers appropriate, of—
a: the result of the investigation; and
b: any further action that the inspector proposes to take in respect of the complaint.
4: An inspector must keep records of every complaint that the inspector receives and deals with. Section 156(2)﻿(b)﻿(ii) replaced 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 156(2)﻿(b)﻿(ii)﻿(A) repealed 17 December 2016 section 35 Statutes Amendment Act 2016 Section 156(2)﻿(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
157: Powers of entry and access by inspectors of corrections
1: For the purpose of performing any functions as an inspector, an inspector of corrections may, at any time, enter a prison (including any Police station to which section 36 or from which his or her sentence or any condition of that sentence is or was monitored
a: all parts of that place:
b: all persons under control or supervision in that place:
c: all persons with responsibility for the control or supervision of those persons in that place, other persons employed in that place, and visitors in that place:
d: if the place is a prison, community work centre, or probation office, all records stored in that place (other than personnel records relating to a constable constables
i: the place; or
ii: a person who is or was under control or supervision; or
iii: a staff member employed at that place.
2: For the purpose of performing any functions as an inspector, an inspector of corrections may, at any time, enter any vehicle that is or was being used for the transportation of any person under control or supervision during any period of that person's detention.
3: Despite section 156(2)
a: must not enter a dwellinghouse without the consent of any person who appears to be the occupier of that dwellinghouse:
b: must not enter any part of a place at which a person under control or supervision is required to live, work, or attend (other than the actual part of the place in or at which the person is required to live, work, or attend) without the consent of the person who appears to be the occupier of that place:
c: must not enter a vehicle that is not owned or leased by the department, unless the owner or driver of the vehicle consents to that entry. Section 157(1) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 157(1)﻿(d) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
158: Interviews with inspectors of corrections
1: If an inspector visits a prison, community work centre, probation office, or any other place for the purpose of interviewing persons under control or supervision, all the persons under control or supervision at that place are entitled to an interview with that inspector.
2: If an inspector visits a prison, community work centre, probation office, or other place for a purpose other than to interview persons under control or supervision, a person under control or supervision at that place may ask for an interview with the inspector and that inspector may agree to the interview.
3: No person under control or supervision may be required to disclose to any person with responsibility for the control or supervision of that person the reason why the person asked for an interview with an inspector.
159: Recommendations and directions of inspectors of corrections
1: An inspector of corrections may, either during or following the completion of an investigation,—
a: make any recommendations that he or she considers appropriate about practices or procedures to any person who he or she considers is the appropriate person to receive the recommendation:
b: issue any direction to a person with responsibilities for the control or supervision of any person that the inspector considers necessary to avoid or reduce any immediate danger to the complainant or any other person.
2: A direction given under subsection (1)﻿(b) may be revoked at any time by the chief executive.
3: If the chief executive revokes a direction given under subsection (1)﻿(b), the chief executive must promptly inform the Chief Ombudsman of that revocation and the reasons for it. Protocol
160: Protocol between chief executive and Chief Ombudsman
1: The chief executive must enter into an agreement with the Chief Ombudsman about—
a: the access to complainants and the places where complainants are required to attend, work, or live, to be given to the ombudsmen:
b: access to records relevant to the resolution of those complaints:
c: the assistance to be provided by the chief executive to the ombudsmen:
d: any other matter that the Chief Ombudsman and the chief executive agree should be included in a protocol.
2: Subsection (1) does not limit the powers of the ombudsmen under the Ombudsmen Act 1975
7: Miscellaneous
Other rights of inspection
161: Right of member of Parliament to visit prisons
1: Any member of Parliament may, whenever the member considers it appropriate, enter a prison and examine it and the condition of the prisoners, and may inform the prison manager of his or her observations.
2: The prison manager must ensure that any observations of a member of Parliament are recorded and that a permanent record of those observations is kept at the prison.
3: A member of Parliament is not entitled, under subsection (1), to communicate with any prisoner except in relation to—
a: his or her treatment in the prison; or
b: a complaint that prisoner makes about that treatment. 1954 No 51 s 37
162: Right of Justice of the Peace to visit prison
1: A Justice of the Peace usually resident in the locality or place where a prison is located may, at all reasonable times, enter that prison and examine the prison and the condition of the prisoners, and may inform the prison manager of his or her observations.
2: The prison manager must ensure that any observations of a Justice of the Peace are recorded and that a permanent record of those observations is kept at the prison.
3: A Justice of the Peace is not entitled, under subsection (1), to communicate with any prisoner except in relation to—
a: his or her treatment in the prison:
b: a complaint that the prisoner makes about that treatment. 1954 No 51 s 38
162A: Crimes of Torture Act 1989 not limited
Nothing in this Act limits the operation of Part 2 Section 162A inserted 5 December 2006 section 9 Crimes of Torture Amendment Act 2006 Identification of certain persons
163: Certain persons to be readily identifiable
For the purposes of this Act and any other enactment, every inspector, officer, probation officer, and security officer must ensure that, when exercising any power or carrying out any other function under this Act or any other enactment, he or she is readily identifiable as an inspector, officer, probation officer, or security officer by means of—
a: a uniform or badge worn by him or her; or
b: an identification card carried by him or her that must be produced on request. 1954 No 51 s 36X Provision of information to persons under control or supervision
164: Provision of information to persons under control or supervision
1: This section applies to any information that is required by this Act, or any regulations made under this Act, to be given to a person under control or supervision.
2: Information to which this section applies must be presented in such a way that the person under control or supervision can be reasonably expected to understand it.
3: If any information additional to, or different from, any information initially presented to a person under control or supervision in accordance with subsection (2) becomes available, the manager of the prison in which the person under control or supervision is detained or the person who is responsible for that person's supervision must arrange for that additional or different information to be presented in accordance with that subsection reasonably promptly. SR 2000/81 r 37 Health records Heading replaced 4 June 2013 section 38 Corrections Amendment Act 2013
165: Health records
1: Every medical officer must ensure that an adequate record of the health care or treatment provided by that officer to a prisoner at a prison is maintained and kept securely and not treated as part of the prison records for that prisoner or former prisoner, as the case may be.
2: Every health centre manager must ensure that—
a: an adequate record of the health care or treatment provided to a prisoner at a prison is maintained; and
b: full health records (including dental records of prisoners or former prisoners at the prison) are kept securely; and
c: the health record of any prisoner or former prisoner at the prison is not treated as part of the prison records of that prisoner or former prisoner, as the case may be. Section 165 replaced 4 June 2013 section 38 Corrections Amendment Act 2013 Escort services and courtroom custodial services
166: Provision of escort services or courtroom custodial services under contract
1: The chief executive may, in the name and on behalf of the Crown, enter into any contract with any other person for the provision, by that other person, of escort services, courtroom custodial services, or both.
2: The chief executive must not, without the prior written consent of the Minister in each case,—
a: enter into any security contract; or
b: agree to any extension of the term of any security contract.
3: Nothing in this section limits or affects the power of the chief executive—
a: to enter into arrangements with other government agencies for the provision, by those agencies, of escort services, courtroom custodial services, or both; or
b: to employ persons to undertake escort duties, courtroom custodial duties, or both. 1954 No 51 s 36G
167: Requirements of security contracts
1: Every security contract must specify the particular escort duties or, as the case requires, the particular courtroom custodial duties that are to be carried out by security officers under the contract.
2: Every security contract must provide for—
a: objectives and performance standards (which standards must not be any lower than any relevant standards applicable to employees of the department) for the security contractor in relation to—
i: the carrying out of the obligations of the security contractor under the contract; and
ii: the treatment of the persons in respect of whom escort duties or courtroom custodial duties are carried out under the contract; and
b: the employment by the security contractor of sufficient suitable persons to carry out the security contractor's statutory and contractual obligations in respect of the security contract; and
c: the training to be provided, at the expense of the security contractor, to security officers employed by the security contractor, which training must be—
i: to the standard appropriate for the particular position; and
ii: to a standard no lower than the standard of training received by any security officers employed by the chief executive; and
d: the co-ordination of services and processes of the security contractor with those of the department, the Police, other government agencies, and other security contractors; and
e: the arranging and maintenance, by the security contractor, of adequate insurance against the security contractor's liability for claims arising out of, or in connection with, the security contract; and
f: the termination of the contract for breach of contract; and
g: the avoidance of conflicts of interest that might arise in relation to the exercise or performance, by the security contractor or any security officer employed by the security contractor, of any power, duty, or function conferred or imposed by or under the security contract or by or under this Act or by or under any regulations made under this Act.
3: Every security contract must impose on the security contractor, in relation to the provision of services under the contract, a duty to—
a: comply with the requirements of this Act, any regulations made under this Act, and any instructions issued under section 196
b: comply with the requirements of the New Zealand Bill of Rights Act 1990
c: comply with the requirements of sections 73 74
4: A security contract may contain any other provision that is agreed between the chief executive and the security contractor that is not inconsistent with—
a: this Act; or
b: any regulations made under this Act. 1954 No 51 s 36H Section 167(3)﻿(c) amended 7 August 2020 section 135 Public Service Act 2020
168: Liability of security contractors
1: The Crown is entitled to be indemnified by a security contractor—
a: against any claim arising out of any act or omission of the security contractor or the security contractor's employees or agents and for which the Crown is held liable (in whole or in part); and
b: for any act or omission of the security contractor or the security contractor's employees or agents that results in damage to, or loss of, any property of the Crown.
2: For the purposes of determining the liability of the Crown or the security contractor for any act or omission of a security contractor or a security contractor's employees or agents, neither the security contractor nor the security contractor's employees or agents are to be treated as agents of the Crown. 1954 No 51 s 36Z
169: Subcontractors
1: A security contractor may subcontract any of the security contractor's responsibilities under a security contract only with the prior written approval of the chief executive and only to the extent permitted by any approval, which approval may be granted subject to any conditions that the chief executive considers appropriate.
2: If, with the approval of the chief executive, any responsibility of a security contractor is subcontracted to any person, the provisions of this Act and of any regulations made under this Act and of any instructions and guidelines issued under section 196 1954 No 51 s 36ZB
170: Security contracts to be notified in
Gazette
1: Reasonably promptly after a security contract is entered into under section 166 Gazette
2: Reasonably promptly after a security contract is varied or renewed, the Minister must notify the variation or renewal of the contract in the Gazette
171: Reporting responsibilities
1: If there is any variation of the controlling interests in a security contractor, that security contractor must promptly give notice of that variation to the chief executive and to the security monitor appointed in respect of that security contractor under section 172(1)
2: A security contractor must, at those intervals (not exceeding 3 months) that are determined by the chief executive, arrange for written reports on the following matters to be forwarded to the chief executive and to the security monitor appointed in respect of that security contractor under section 172(1)
a: the training provided to security officers employed by the security contractor (including the amount and quality of that training), and the level of training achieved by those security officers:
b: the number and nature of complaints made by persons in relation to the carrying out, by security officers employed by that security contractor, of escort duties or courtroom custodial duties in respect of those persons, and how those complaints were resolved:
c: the number and nature of any incidents involving—
i: violence by or against prisoners while in the custody of security officers employed by that security contractor:
ii: violence against security officers employed by that security contractor while carrying out escort duties or courtroom custodial duties:
iii: self-inflicted injuries to prisoners while in the custody of security officers employed by that security contractor:
d: the compliance, by security officers employed by that security contractor, with the requirements of sections 83 84 85 87 88
e: the exercise, by security officers employed by that security contractor, of the powers conferred by sections 98 101
f: the number and nature of any disciplinary actions taken against security officers employed by that security contractor, and the reasons for, and the outcomes of, those actions, including any penalties imposed:
g: any other matters in respect of which the chief executive reasonably considers that information is necessary to enable the chief executive to carry out his or her responsibilities under this Act or under any other enactment.
3: A security contractor must arrange for a written report on an occurrence of any of the following to be prepared and forwarded to the chief executive and to the security monitor appointed in respect of that security contractor under section 172(1)
a: any escape or attempted escape by any prisoner while that prisoner was in the custody of any security officer employed by that security contractor:
b: the death of any prisoner while in the custody of any security officer employed by that security contractor.
4: Nothing in subsections (1) to (3) limits any other duty to report that is imposed by or under any security contract or by or under any other provision of this Act or any other enactment. 1954 No 51 s 36ZC
172: Security monitors
1: The chief executive must appoint under the Public Service Act 2020
2: The security monitor appointed in respect of that security contractor—
a: is responsible to the chief executive for the assessment and review of the carrying out, by that security contractor, of that contractor's obligations under the security contract; and
b: must report to the chief executive at the intervals (not exceeding 3 months) that the chief executive determines, and at any other time that the security monitor considers appropriate, on—
i: the carrying out, by that security contractor, of that contractor's obligations under the security contract; and
ii: whether or not that security contractor is complying with that contractor's security contract and with the provisions of this Act, any regulations made under this Act, and any instructions issued under section 196
3: Any security monitor may, at any time that he or she considers appropriate, make recommendations to the chief executive on any matters relating to security contracts that the monitor considers appropriate.
4: The office of security monitor may be combined with any other office, appointment, or position if the chief executive is satisfied that the duties of that other office, appointment, or position are not incompatible with the duties of a security monitor. 1954 No 51 s 36ZD Section 172(1) amended 7 August 2020 section 135 Public Service Act 2020
173: Access must be given
1: Every security contractor must ensure that any security monitor has free and unfettered access at all times to—
a: all prisoners who are under the control of security officers employed by that contractor; and
b: all security officers employed by that security contractor, but only when they are actually on duty; and
c: all records held by the security contractor and that relate to—
i: any person who is or has been in the control of any security officer employed by that security contractor; or
ii: any person who is or has been employed by that security contractor as a security officer.
2: Despite subsection (1), a security monitor may not be given access to any medical records relating to any person referred to in subsection (1) unless the person concerned consents to that access. 1954 No 51 s 36ZE
174: Security monitors must report on certain matters
1: For the purposes of each report to the chief executive under section 172(2)
a: the procedures in place to assess—
i: the suitability of persons for appointment or engagement under section 17(2)
ii: the ongoing suitability of persons so appointed or engaged:
b: the matters in respect of which the security monitor is entitled to receive a report under section 171(2) or (3)
2: Without limiting section 172(2)
a: investigate any matter relating to the carrying out, by that security contractor, of that security contractor's obligations under the relevant security contract; and
b: report to the chief executive the results of that examination. 1954 No 51 s 36ZF Application of other Acts
175: Application of Ombudsmen Act 1975 and Official Information Act 1982 to contract prisons, security contractors, and security officers
1: For the purposes of the Ombudsmen Act 1975 Official Information Act 1982
2: In relation to the carrying out of escort duties and courtroom custodial duties under this Act, every security contractor, and every security officer employed by a security contractor, is to be treated, for the purposes of the Ombudsmen Act 1975 Official Information Act 1982 1954 No 51 s 41C
176: Application of New Zealand Bill of Rights Act 1990 to contract prisons, security contractors, and security officers
1: For the purposes of section 3
2: In relation to the carrying out of escort duties and courtroom custodial duties under this Act, acts done by security contractors, or security officers employed by security contractors, are to be treated, for the purposes of section 3 1954 No 51 s 41E
177: Application of Public Works Act 1981
For the purposes of the Public Works Act 1981 1954 No 51 s 41D
178: Application of Resource Management Act 1991
For the purposes of Part 8 1954 No 51 s 41F
179: Application of certain Acts to various office holders
No person is deemed to be employed in the service of the Crown for the purposes of the Public Service Act 2020 Government Superannuation Fund Act 1956
a: of that person's appointment or engagement under section 11(2) or (4) section 17(2) section 24(2)
b: that the person has entered into a prison management contract
c: that the person has entered into a security contract under section 166 1954 No 51 ss 4D, 6(7), 36I(3), 36ZA 1985 No 120 s 124(5) Section 179 amended 7 August 2020 section 135 Public Service Act 2020 Section 179(b) amended 8 December 2009 section 8(1) Corrections (Contract Management of Prisons) Amendment Act 2009 Status of certain rules and regulations relating to smoking in prisons Heading inserted 5 March 2013 section 39 Corrections Amendment Act 2013
179AA: Status of certain rules and regulations relating to smoking in prisons
1: On and from 12 February 2013, the following rules and regulations must be treated as if they were made after Part 3
a: any rule made before 12 February 2013 by a prison manager under section 33
b: regulations 4 6
2: On and from 12 February 2013, no proceedings may be brought against the Crown questioning the validity of any rules or regulations referred to in subsection (1).
3: Nothing in this section affects proceedings commenced before 12 February 2013 to the extent that any relief sought or granted in those proceedings relates only to the period before 12 February 2013. Section 179AA inserted 5 March 2013 section 39 Corrections Amendment Act 2013 Emergency management Heading inserted 3 April 2009 section 30 Corrections Amendment Act 2009
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 section 70 79
2: In this section, statutory release date section 4(1) Section 179A inserted 3 April 2009 section 30 Corrections Amendment Act 2009
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 195
b: affect any cause of action relating to unlawful arrest or detention. Section 179B inserted 3 April 2009 section 30 Corrections Amendment Act 2009
179C: Interpretation
In this section and sections 179D 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) epidemic notice section 5 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) regulations section 200 state of emergency affecting a prison or prisoners
a: within the meaning of section 4
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) Section 179C inserted 3 April 2009 section 30 Corrections Amendment Act 2009
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) must—
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) must—
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. Section 179D inserted 3 April 2009 section 30 Corrections Amendment Act 2009
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
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) if the act or omission, or failure, constitutes bad faith or gross negligence on the part of that person.
3: A person may apply to the High Court for leave to bring proceedings against any person referred to in subsection (1) on the ground that the act or omission, or failure, constitutes bad faith or gross negligence on the part of that person.
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) must be made—
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
b: limits the operation of section 104
c: affects any cause of action relating to unlawful arrest or detention. Section 179E inserted 3 April 2009 section 30 Corrections Amendment Act 2009 Section 179E(6)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020 Disclosure of prisoner information Heading replaced 9 April 2008 section 5 Corrections (Social Assistance) Amendment Act 2008
180: Purpose of section 180A
1: The purpose of section 180A
a: section 217(1)
b: regulations made under section 444
c: clause 6
d: regulation 28
e: section 180C
2: Requesting department sections 180A 180C
a: the department for the time being responsible for the administration of the Social Security Act 2018
b: the department for the time being responsible for the administration of Schedule 9 clause 6 regulation 28 1954 No 51 s 36F Section 180 replaced 9 April 2008 section 5 Corrections (Social Assistance) Amendment Act 2008 Section 180(1)﻿(a) replaced 26 November 2018 section 459 Social Security Act 2018 Section 180(1)﻿(b) replaced 26 November 2018 section 459 Social Security Act 2018 Section 180(1)﻿(c) amended 1 August 2020 section 668 Education and Training Act 2020 Section 180(2)﻿(a) amended 26 November 2018 section 459 Social Security Act 2018 Section 180(2)﻿(b) amended 1 August 2020 section 668 Education and Training Act 2020
180A: Prisoner information may be disclosed for social assistance purposes
1: For the purpose stated in section 180 section 180B
2: A request under subsection (1) must be made in writing and in accordance with arrangements made from time to time between—
a: the chief executive; and
b: the chief executive of the requesting department.
3: On receipt of a request made under subsection (1) the chief executive may supply the information requested to any person who is—
a: an officer or employee of the requesting department; and
b: authorised for the purpose by the chief executive of the requesting department.
4: On or after 1 December 2020, no information may be disclosed under this section except under—
a: an information matching agreement entered into under Part 10 clause 11
b: an approved information sharing agreement entered into under subpart 1 1954 No 51 s 36F Section 180A inserted 9 April 2008 section 5 Corrections (Social Assistance) Amendment Act 2008 Section 180A(4) inserted 1 December 2020 section 190 Privacy Act 2020
180B: Information that may be requested and disclosed
The information referred to in section 180A(1)
a: a sufficient amount of biographical information to identify the prisoner; and
b: the name of the prison in which the prisoner is or was detained during that period; and
c: details of each period of detention of the prisoner in the prison during the period specified in the request. 1954 No 51 s 36F Section 180B inserted 9 April 2008 section 5 Corrections (Social Assistance) Amendment Act 2008
180C: Social assistance may be suspended immediately if discrepancy discovered
1: The chief executive of the requesting department may suspend immediately the payment to a person of the benefits, allowances, and student loans, or any of them, payable to the person if—
a: information has been disclosed to the requesting department under section 180A
b: a discrepancy relating or apparently relating to the person arises, or is identified in that information; and
c: that chief executive wishes, on the basis of that discrepancy, to effect the suspension; and
d: immediately after the suspension is effected, the requesting department gives the person written notice of the kind specified in section 180D
2: In this section and section 180D adverse action section 177 allowance section 645 benefit Schedule 2 discrepancy section 177 student loan section 4(1) working day section 7(1)
3: A notice under subsection (1) may also be used to give the person concerned notice under section 181
4: Subsection (1) overrides section 181
5: Nothing in this section prevents any adverse action from being taken in respect of benefits, allowances, or student loans in accordance with section 181 Section 180C inserted 9 April 2008 section 5 Corrections (Social Assistance) Amendment Act 2008 Section 180C(2) adverse action amended 1 December 2020 section 217 Privacy Act 2020 Section 180C(2) allowance amended 1 August 2020 section 668 Education and Training Act 2020 Section 180C(2) benefit amended 26 November 2018 section 459 Social Security Act 2018 Section 180C(2) discrepancy amended 1 December 2020 section 217 Privacy Act 2020 Section 180C(2) student loan amended 1 April 2012 section 223 Student Loan Scheme Act 2011 Section 180(2) working day amended 1 December 2020 section 217 Privacy Act 2020 Section 180C(3) amended 1 December 2020 section 217 Privacy Act 2020 Section 180C(4) amended 1 December 2020 section 217 Privacy Act 2020 Section 180C(5) amended 1 December 2020 section 217 Privacy Act 2020
180D: Notice required by section 180C(1)﻿(d)
1: A notice required by section 180C(1)﻿(d)
a: must specify particulars of—
i: the discrepancy or discrepancies concerned; and
ii: the suspension or suspensions concerned; and
b: must state that the person concerned may, after the receipt of the notice, show cause why payments of any benefit, allowance, or student loan should not have been suspended.
2: A notice required by section 180C(1)﻿(d)
a: personally; or
b: by leaving it at the person’s usual or last known place of residence or business or at the address specified by the person in any application or other document received from the person; or
c: by posting it in a letter addressed to the person at that place of residence or business or at that address.
3: If a notice required to be given under section 180C(1)﻿(d)
a: the notice must, in the absence of proof to the contrary, be taken to have been delivered to that person on the fourth day after the day on which it was posted; and
b: in proving the delivery it is sufficient to prove that the letter was properly addressed and posted. Section 180D inserted 9 April 2008 section 5 Corrections (Social Assistance) Amendment Act 2008 Disclosure of offender information Heading inserted 9 April 2008 section 6 Corrections (Social Assistance) Amendment Act 2008
181: Offender information may be disclosed for immigration purposes
1: The purpose of this section is to facilitate the disclosure of information by the department to the department of State for the time being responsible for the administration of the Immigration Act 2009 (the responsible department
2: For the purpose of this section, the chief executive may from time to time, in accordance with arrangements in writing made from time to time between the chief executive and the Chief Executive of the responsible department
a: supply to the Chief Executive of the responsible department
ab: if the chief executive is authorised by regulations made under this Act to do so, supply to the Chief Executive of the responsible department
b: if the chief executive is authorised by regulations made under this Act to do so, supply to the Chief Executive of the responsible department
3: The information referred to in subsection (2) is as follows:
a: identifying information about the person:
b: details of the person's offence and sentence (including relevant dates such as the date on which the person is eligible or entitled to be released).
4: The chief executive may supply the information specified in subsection (3) to any immigration officer or other officer or employee of the responsible department responsible department
5: Information supplied under subsection (4) may be supplied in any form that is determined by agreement between the Chief Executive of the responsible department
5A: On or after 1 December 2020, no information may be supplied under this section except under—
a: an information matching agreement entered into under Part 10 clause 11
b: an approved information sharing agreement entered into under subpart 1
6: In this section identifying information Section 181(1) replaced 29 November 2010 section 406(1) Immigration Act 2009 Section 181(2) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 181(2)﻿(a) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 181(2)﻿(ab) inserted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 181(2)﻿(ab) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 181(2)﻿(b) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 181(4) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 181(5) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 181(5A) inserted 1 December 2020 section 190 Privacy Act 2020 Information sharing about highest-risk offenders Heading inserted 3 April 2009 section 31 Corrections Amendment Act 2009
181A: Disclosure of information relating to highest-risk offenders
1: A specified agency that enters into an information sharing agreement under section 182D
2: Nothing in subsection (1) limits the operation of the Privacy Act 2020 section 182
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 7(1) Gazette
5: Sections 182D 182E
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 Section 181A inserted 3 April 2009 section 31 Corrections Amendment Act 2009 Section 181A(2) amended 1 December 2020 section 217 Privacy Act 2020 Section 181A(4) specified agency amended 1 December 2020 section 217 Privacy Act 2020
182: Offender information may be disclosed to facilitate monitoring of
persons on temporary release
1: The purpose of this section is—
a: to facilitate the disclosure of information by the department to the Commissioner of Police, to assist the monitoring of compliance by persons on temporary release with the conditions of their temporary release.
b:
2: For the purpose of this section, the chief executive may, from time to time, in accordance with arrangements made from time to time between the Commissioner of Police and the chief executive, supply the information specified in subsection (3) to any constable
3: The information referred to in subsection (2) is as follows:
a: in the case of any person released on temporary release under section 62
i: the date of temporary release of the person, and the place from which the person was released:
ii: the conditions of the person's temporary release (whether imposed on release or imposed subsequently).
b:
4:
5: Information supplied under subsection (2)
6: Section 182 heading amended 3 April 2009 section 32(1) Corrections Amendment Act 2009 Section 182(1)﻿(b) repealed 3 April 2009 section 32(2) Corrections Amendment Act 2009 Section 182(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 182(3)﻿(b) repealed 3 April 2009 section 32(3) Corrections Amendment Act 2009 Section 182(4) repealed 3 April 2009 section 32(4) Corrections Amendment Act 2009 Section 182(5) amended 3 April 2009 section 32(5) Corrections Amendment Act 2009 Section 182(6) repealed 3 April 2009 section 32(6) Corrections Amendment Act 2009 Information sharing about child sex offenders Heading inserted 7 July 2004 section 14(5) Parole (Extended Supervision) Amendment Act 2004
182A: Information sharing about child sex offenders
1: A specified agency that enters into an information sharing agreement under section 182D
2: Nothing in subsection (1) limits the operation of the Privacy Act 2020 section 182
3: The purposes for which personal information about a child sex offender may be disclosed under an information sharing agreement between specified agencies are:
a: to monitor compliance by the child sex offender with his or her release conditions (including conditions imposed under section 93 section 80A conditions of an extended supervision order, restrictions related to a public protection order under the Public Safety (Public Protection Orders) Act 2014
b: to manage the risk that the offender may commit further sexual offences against children:
c: to identify any increased risk that the offender may breach his or her conditions or will commit further sexual offences against children:
d: to facilitate the reintegration of the offender into the community.
4: Information disclosed for the purposes of this section may be disclosed prior to the offender’s release from prison. Section 182A inserted 7 July 2004 section 14(5) Parole (Extended Supervision) Amendment Act 2004 Section 182A(2) amended 1 December 2020 section 217 Privacy Act 2020 Section 182A(3)﻿(a) replaced 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 182A(3)﻿(a) amended 17 December 2016 section 36 Statutes Amendment Act 2016 Section 182A(3)﻿(a) amended 14 October 2016 section 57 Child Protection (Child Sex Offender Government Agency Registration) Act 2016 Section 182A(4) inserted 3 April 2009 section 33 Corrections Amendment Act 2009
182B: Definition of child sex offender
1: For the purposes of section 182A child sex offender
a: who section 4
b: whose sentence for the relevant offence has not been quashed or otherwise set aside; and
c: who is subject to release conditions (including conditions imposed under section 93 section 80A
2: However, a person is not a child sex offender for the purposes of section 182A
a: since his or her latest conviction for a relevant offence, the offender has had a period during which he or she was not subject to any sentence for an offence and was not subject to release or post-detention
b: the offender is not subject to an extended supervision order. Section 182B inserted 7 July 2004 section 14(5) Parole (Extended Supervision) Amendment Act 2004 Section 182B(1) amended 17 December 2016 section 37(1) Statutes Amendment Act 2016 Section 182B(1)﻿(a) replaced 14 October 2016 section 58 Child Protection (Child Sex Offender Government Agency Registration) Act 2016 Section 182B(1)﻿(a) amended 17 December 2016 section 37(2) Statutes Amendment Act 2016 Section 182B(1)﻿(c) replaced 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 182B(1)﻿(c) amended 17 December 2016 section 37(3) Statutes Amendment Act 2016 Section 182B(2)﻿(a) amended 1 October 2007 section 58 Sentencing Amendment Act 2007
182C: Definition of specified agency
For the purposes of section 182A specified agency
a: the Department of Corrections:
b: the department responsible for administering the Oranga Tamariki Act 1989
c: Kāinga Ora–Homes and Communities established by the Kāinga Ora–Homes and Communities Act 2019
d: the Ministry of Social Development:
e: the New Zealand Police:
f: any public sector agency (as that term is defined in section 7(1) Gazette Section 182C inserted 7 July 2004 section 14(5) Parole (Extended Supervision) Amendment Act 2004 Section 182C(b) amended 14 July 2017 section 150(2) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 182C(c) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 182C(f) amended 1 December 2020 section 217 Privacy Act 2020
182D: Information sharing agreements
1: An agreement entered into under this section for sharing information about child sex offenders must set out the operational details about how the information is to be shared.
2: Without limiting subsection (1), every agreement must—
a: specify the nature of the information to be disclosed; and
b: specify the manner in which the information may be disclosed; and
c: set out how the information privacy principles, as set out in section 22
3: Before an information sharing agreement is concluded, reviewed, or substantially amended, the specified agencies concerned must consult with the Privacy Commissioner. Section 182D inserted 7 July 2004 section 14(5) Parole (Extended Supervision) Amendment Act 2004 Section 182D(2)﻿(c) amended 1 December 2020 section 217 Privacy Act 2020
182E: Application of agreements
When specified agencies enter into an information sharing agreement, the agreement applies to all personal information held by the agencies about a child sex offender, whether the information was obtained before or after the agreement came into force. Section 182E inserted 7 July 2004 section 14(5) Parole (Extended Supervision) Amendment Act 2004 Inquests
183: Inquests on prisoners
If any prisoner dies, the prison manager must immediately report the death to a constable 1954 No 51 s 40 Section 183 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Power to arrest persons unlawfully at large
184: Arrest of person unlawfully at large
Any constable 1954 No 51 s 41 Section 184 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Property damage caused by escapers
185: Compensation for property damage by escapers
1: This section and sections 186 to 189
a: that was intended to facilitate the flight of the escaper or the avoidance of his or her recapture; or
b: that occurred in the course of his or her escaping or attempting to escape or while he or she was fleeing to avoid recapture.
2: Any person who suffers any loss or damage to which this section applies may apply to the District Court
a: actual loss of, or damage to, any property:
b: expenses actually and reasonably incurred in recovering any property that has been stolen or removed:
c: expenses actually and reasonably incurred as a result of the loss of the use of any property for any period.
3: For the purposes of this section and sections 186 187 escaper 1954 No 51 s 41A(1), (2), (11) Section 185(2) amended 1 March 2017 section 261 District Court Act 2016
186: Rules governing compensation
1: No compensation may be awarded under section 185
a: that there was an act or omission of the kind referred to in section 185
b: that the loss or damage resulted from that act or omission.
2: Despite any other enactment, the amount awarded to any applicant under section 185
3: In determining the amount (if any) to be awarded to any applicant under section 185
a: must have regard to any behaviour of the applicant that directly or indirectly contributed to the loss or damage, and to any failure by the applicant to take reasonable steps to avoid or mitigate the loss or damage; and
b: must deduct any payments received by the applicant by way of compensation or damages from the escaper or any person on the escaper's behalf, or under the Injury Prevention, Rehabilitation, and Compensation Act 2001
c: must deduct any payments received by, or payable to, the applicant under any policy of insurance in respect of the property; and
d: may have regard to any other circumstances that it considers relevant.
4: For the purposes of subsection (3)﻿(a), a failure by the applicant to insure against the loss or damage must, if the court considers that the failure was imprudent, having regard to the circumstances of the case and to normal practice, be treated as a failure to take reasonable steps to avoid the loss or damage.
5: No compensation may be awarded under this section unless the application is made within 1 year from the time the loss or damage occurs, but the court may, at any time before or after the expiry of that period, extend the time for making an application for any further period if, in the circumstances of the case, the court considers it appropriate to do so.
6: If any compensation is awarded under section 185
a: subject to paragraph (b), if, at the time the escaper escaped, the escaper was a prisoner of a contract prison, to the contractor responsible for managing that prison:
b: despite paragraph (a), if, at the time the escaper escaped, the escaper was under the control of a security officer, to the security contractor by whom that security officer was employed at the time:
c: in any other case, to the Crown. 1954 No 51 s 41A(3)–(7), (9)
187: Notification and payment of compensation
1: The Registrar of a court making any award of compensation under section 185
2: The amount of any compensation awarded by any court under section 185
a: if, at the time the escaper escaped, the escaper was a prisoner of a contract prison, by the contractor responsible for managing that prison:
b: despite paragraph (a), if, at the time the escaper escaped, the escaper was under the control of a security officer, by the security contractor by whom that security officer was employed at the time:
c: in any other case, out of a Crown Bank Account 1954 No 51 s 41A(8), (10) Section 187(2)﻿(c) amended 25 January 2005 section 65R(3) Public Finance Act 1989
188: Hearing of claims
1: If an application for compensation is made under section 185
a: the circumstances surrounding the loss or damage; and
b: the nature or extent of the loss or damage or expenses incurred or about any other matter to which the application relates.
2: If, on any inquiry, it appears to the court that the application is one in respect of which an order for the payment of compensation should be made, it may—
a: determine the amount of compensation to be awarded; and
b: with the prior consent of the applicant, make an order for payment of compensation in accordance with that determination.
3: If no order is made under subsection (2), the court must, on application,—
a: fix a time and place for the hearing of the application for compensation; and
b: ensure that notice of the hearing is given to the applicant; and
c: determine the application for compensation on the evidence adduced at the hearing. 1954 No 51 s 41B(1)–(3)
189: Procedure, evidence, and appeals
1: On the hearing of any application under section 185
2: The court may receive in evidence any statement, document, information, or matter that may, in its opinion, assist it to deal effectively with the matters before it (whether or not it would be otherwise admissible in a court of law).
3: Without limiting the generality of subsection (2), the court may receive in evidence—
a: any notes of evidence or depositions taken at any trial of the escaper in respect of any alleged offence arising out of the act or omission on which a claim under section 185
b: any notes of evidence taken in any civil proceedings arising out of that act or omission.
4: There is no right of appeal against a determination of the District Court section 185 1954 No 51 s 41B(4)–(7) Section 189(4) amended 1 March 2017 section 261 District Court Act 2016 Detection, interception, etc, of radiocommunications within prison boundaries Heading inserted 3 April 2009 section 34 Corrections Amendment Act 2009
189A: Interpretation
In this section and sections 189B 189C harmful interference section 2(1) interference section 2(1) radiocommunications section 2(1) 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. Section 189A inserted 3 April 2009 section 34 Corrections Amendment Act 2009
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. Section 189B inserted 3 April 2009 section 34 Corrections Amendment Act 2009
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. Section 189C inserted 3 April 2009 section 34 Corrections Amendment Act 2009 Information associated with seized electronic communication devices Heading inserted 4 June 2013 section 40 Corrections Amendment Act 2013
189D: Chief executive may require electronic communications company to provide information to access contents of seized device
1: This section applies if an electronic communication device is seized under section 150
2: If this section applies, the chief executive may by notice in writing require an electronic communications company to provide information, to the extent that it is stored by the company in the ordinary course of its business, that will enable the chief executive to access the contents of the device (for example, information that will unlock or unblock the device).
3: The department must pay for the actual and reasonable costs (if any) incurred by an electronic communications company in providing information required under this section.
4: In this section,— contents of the device electronic communications company Section 189D inserted 4 June 2013 section 40 Corrections Amendment Act 2013 Annual report of department
190: Matters to be included in annual report
1: The department's annual report under section 43
a: include a report on the way in which the chief executive has carried out his or her functions under section 8(1)﻿(k) section 12(d)
b: include a report on the work undertaken by inspectors of corrections during the year to which the report relates which includes—
i: statistical information about the disposition of complaints made by persons under control or supervision
ii: comment on issues arising out of complaints or visits during that period; and
c: describe the processes and systems in place during the year to which the report relates to supervise and control the monitoring of prisoner calls under this Act; and
d: state, as an approximate proportion of the prisoner calls monitored (otherwise than merely by being recorded) during the year to which the report relates, the number of calls disclosed under section 117(1) and (2)
e: state,—
i: as an approximate proportion of the prisoner calls monitored (otherwise than merely by being recorded) during the year to which the report relates, the number of calls disclosed under section 117(1) and (2)
ii: as an approximate proportion of those prisoner calls disclosed, the number of proceedings against a prisoner for a disciplinary offence in which a recording of any of those calls was used in evidence; and
f: include a report on—
i: the measures taken to reduce drug and alcohol use by prisoners:
ii: the effectiveness of those measures:
iii: random-testing programmes, including a summary of results of those programmes; and
g: include a report on the operation of every security contract that was in force for the whole, or any part, of the year to which the annual report relates; and
h: include a report on the operation of every contract prison that was in operation for the whole or any part of the year to which the annual report relates.
2: Without limiting subsection (1)﻿(g), every report referred to in that paragraph must include—
a: a summary of—
i: the reports forwarded to the chief executive under section 171(2) or (3) section 36ZC(2) or (3) of the Penal Institutions Act 1954
ii: the reports made to the chief executive under section 172(2)﻿(b) section 36ZD(2)﻿(b) of the Penal Institutions Act 1954 during the year to which the annual report relates; and
b: a summary of any actions taken, during that year, in relation to the operation of security contracts as a result of any matters raised in any report so forwarded or made, whether during that year or any previous year.
3: Without limiting subsection (1)﻿(h), every report referred to in that paragraph must include—
a: a summary of—
i: the reports forwarded to the chief executive under section 199D(1A), (2), and (3)
ii: the reports made to the chief executive under section 199E(3)﻿(b) during the year to which the annual report relates; and
b: a summary of any actions taken, during that year, in relation to the management of contract prisons as a result of any matters raised in any report so forwarded or made, whether during that year or any previous year. 1954 No 51 ss 4K, 36ZI Section 190(1) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 190(1)﻿(b)﻿(i) amended 15 December 2005 section 5 Corrections Amendment Act 2005 Section 190(3)﻿(a)﻿(i) amended 5 March 2013 section 41 Corrections Amendment Act 2013 Section 190(3)﻿(a)﻿(i) amended 8 December 2009 section 8(1) Corrections (Contract Management of Prisons) Amendment Act 2009 Section 190(3)﻿(a)﻿(ii) amended 8 December 2009 section 8(1) Corrections (Contract Management of Prisons) Amendment Act 2009
190A: Minister may approve subsidies for voluntary groups
1: The Minister may from time to time, with the concurrence of the Minister of Finance, approve the payment, out of money appropriated by Parliament for the purpose, of contributions towards the expenses of—
a: any medical, psychological, social, therapeutic, cultural, educational, employment-related, rehabilitative, or reintegrative programme involved with the care of persons detained in or released from prisons or subject to community-based sentences:
b: any organisation, whether formed before or after the commencement of this Act, that has as its object or one of its objects the assistance of persons detained in or released from prisons or subject to community-based sentences.
2: In approving any contribution, the Minister may impose any conditions that the Minister thinks fit with respect to its expenditure and accounting for that expenditure. 1985 No 120 s 147 Section 190A inserted 1 July 2013 section 5 Corrections Amendment Act 2011 Requisitioning of land and buildings for use as temporary corrections prisons
191: Requisitioning powers
1: This section applies if—
a: a state of emergency is in force under the Civil Defence Emergency Management Act 2002 section 4
b: in the opinion of the Minister the action authorised by this section is necessary for the safe custody and welfare of prisoners because 1 or more prisons are unable to operate as a prison as a result of the state of emergency or emergency as the case may be.
2: The Minister may direct the owner or person for the time being in control of any land or building, to immediately place that property ( requisitioned property
3: The Minister must give to the owner or person in charge of the requisitioned property a written statement specifying the property that is requisitioned and the person under whose control the property is to be placed.
4: If the owner or person for the time being in control of any property that may be requisitioned under this section cannot be immediately found, the Minister, or a person authorised by the Minister, may assume immediately the control and direction of the requisitioned property.
5: If a person assumes the control and direction of requisitioned property under subsection (4), that person must ensure that, as soon as is reasonably practicable in the circumstances, a written statement specifying the property that has been requisitioned and the person under whose control it has been placed is given to the owner or person formerly in charge of the requisitioned property.
6: The owner or person in control of any property immediately before it is requisitioned under this section must provide the person exercising the power under this section with any assistance that the person may reasonably require for the effective and safe use of that property.
7: Any land or building that is subject to a direction under this section may only be used as a prison in accordance with a declaration under section 32(4) 2002 No 33 s 90
192: Direction not to be inconsistent with applicable civil defence emergency management plan
No direction may be given under section 191 section 4
193: Compensation if property requisitioned
1: Subsection (2) applies if any requisitioned property has come under the control of the Minister or a person authorised by the Minister, while acting under section 191
2: There is payable, on application by any person having an interest in the requisitioned property, out of money appropriated by Parliament, reasonable compensation for—
a: the use of that requisitioned property while under that control; and
b: any loss of or damage to that requisitioned property suffered or incurred while under that control.
3: In determining the amount of compensation payable under this section for any loss of, or damage to, requisitioned property, any amount that the person having an interest in the property has recovered or is likely to recover, under a contract of insurance or by any other means, must be taken into account.
4: If there is any dispute as to the entitlement of any person to compensation under this section, or as to the amount of the compensation, or as to the liability of the Crown or other person to pay the compensation, the matter may be determined by a court of competent jurisdiction.
5: For the purposes of this section the Minister, or a person authorised by the Minister, ceases to be in control of a requisitioned property once a declaration is made in respect of that property by the Minister under section 32(5)﻿(b) 2002 No 33 s 107
194: Duties of chief executive
1: If any land or building is declared under section 32(4)
a: during the state of emergency or emergency, as the case requires, and wherever and to the extent practicable, promptly transfer the prisoners detained in that temporary corrections prison to another prison (other than a temporary corrections prison) in which they may lawfully be held; and
b: in any event, within a reasonable time after the end of the state of emergency or emergency, as the case requires, transfer any prisoners detained in that temporary corrections prison who have not been transferred under paragraph (a) to another prison (other than a temporary corrections prison) in which they may lawfully be held.
2: Once all prisoners detained in a temporary corrections prison have been transferred to another prison the chief executive must—
a: promptly give the Minister a notice stating that the land or buildings in question which have been requisitioned under section 191
b: where a declaration is made under section 32(5)﻿(b)
195: Protection from liability
1: There is no cause of action against the Crown, or an officer or employee or Minister of the Crown, or against any other person, to recover damages for any loss or damage that is due directly or indirectly to any action taken under section 191 section 194 section 193
2: Subsection (1) applies whether the loss or damage is caused by any person taking any action or failing to take any action, so long as the act or omission occurred in the exercise or performance of his or her functions, duties, or powers under sections 32(4) to (6) section 191 section 194
3: No person is exempted from liability under subsection (1) for any act or omission to act that constitutes bad faith or gross negligence on the part of that person.
4: Nothing in this section prevents the Crown from making any ex gratia 2002 No 33 ss 109(9) 110 Chief executive and Commissioner of Police may issue guidelines and instructions
196: Chief executive and Commissioner of Police may issue guidelines and instructions
1: The chief executive may issue or provide to staff members of corrections prisons (other than contract prisons), employees of the department supervising community work, probation officers, other employees of the department, persons under control or supervision, other persons visiting corrections prisons or community work centres, contractors, or security contractors—
a: guidelines on the exercise of powers under this Act or any regulations made under this Act:
b: instructions or guidelines relating to procedures to be followed or standards to be met—
i: in the management of corrections prisons, community work centres, or probation offices:
ii: by security contractors in relation to the provision of courtroom custodial services and escort services:
c: information about official policy and guidance on the interpretation of provisions of this Act, the Sentencing Act 2002 Parole Act 2002
2: The Commissioner of Police may issue or provide to staff members of Police jails, employees of the Police, and other persons visiting those prisons—
a: guidelines on the exercise of powers under this Act or regulations made under this Act:
b: instructions or guidelines relating to procedures to be followed or standards to be met in the management of Police jails:
c: information about official policy and guidance on the interpretation of provisions of this Act, the Sentencing Act 2002 Parole Act 2002
3: Instructions issued under subsection (1)﻿(b) or subsection (2)﻿(b) may not impose obligations on any person other than contractors, security contractors, employees of contractors or security contractors, employees of the department, employees of the Police, or staff members of prisons. Royal prerogative not affected
197: Royal prerogative not affected
Nothing in this Act limits or affects in any way the Royal prerogative of mercy. 1954 No 51 s 46 Management of prisons
198: Management of prisons 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 corrections prison.
2: The chief executive must not, without the prior written consent of the Minister in each case,—
a: enter into a prison management contract; or
b: agree to an extension of the term of a prison management contract.
3: No prison may be managed by a person other than the Crown except under a prison management contract. 1954 No 51 s 4A Section 198 replaced 8 December 2009 section 5 Corrections (Contract Management of Prisons) Amendment Act 2009
199: Requirements of prison management contracts
1: Every prison management contract must provide for—
a: objectives and performance standards for the contractor in relation to the management of the prison that are no lower than the standards applicable to prisons managed by the department; and
b: objectives and performance standards for the contractor in relation to the management and care of prisoners in the prison that are no lower than the standards applicable to prisoners in prisons managed by the department; and
c: the appointment or engagement by the contractor of—
i: a suitable person as manager of the prison, which appointment or engagement must be subject to approval by the chief executive; and
ii: sufficient suitable staff members to enable the contractor to carry out the contractor's statutory and contractual obligations in relation to the prison; and
d: the training to be provided, at the expense of the contractor, to staff members of the prison, which training must be—
i: to the standard appropriate for the particular position; and
ii: to a standard no lower than the standard of training received by staff members of prisons managed by the department; and
e: the co-ordination of services and processes of the prison with those of prisons managed by the department and by other contractors, including any co-ordination necessary for the operation of any systems established to implement the requirements of sections 47 48
f: the arranging and maintenance by the contractor of adequate insurance against the contractor's liability for any claims arising out of, or in connection with, the contract; and
g: the avoidance of conflicts of interest that might arise in relation to the exercise or performance, by the contractor or any staff member of the prison, of any power, duty, or function conferred or imposed by or under the contract, or by or under this Act or any regulations made under this Act; and
h: the provision by the contractor of programmes designed—
i: to ascertain and address the causes of prisoners' offending; and
ii: to assist the reintegration of prisoners into society; and
i: the respective obligations (including financial obligations) of the parties to the contract in relation to any voluntary organisations that undertake work in the prison; and
j: the management of the prison pending the resolution of any dispute between the chief executive and the contractor in relation to the prison; and
k: the termination of the contract for breach of contract; and
l: the obligations of the contractor, in the event of the termination or expiry of the contract, to co-operate with the chief executive and to comply with any instructions issued by the chief executive in order to ensure the orderly and efficient transfer of the management of the prison.
2: Every prison management contract must impose on the contractor, in relation to the management of the prison, a duty to comply with—
a: the requirements of this Act, of any regulations made under this Act, and of any instructions or guidelines issued by the chief executive under section 196
b: the requirements of the New Zealand Bill of Rights Act 1990
c: the requirements of the Public Records Act 2005
d: all relevant international obligations and standards; and
e: the requirements of sections 73 74(2)
3: A prison management contract may contain other provisions, as agreed between the chief executive and the contractor, that are not inconsistent with—
a: this Act; or
b: any regulations made under this Act; or
c: any instructions or guidelines issued by the chief executive under section 196 1954 No 51 s 4B Section 199 replaced 8 December 2009 section 5 Corrections (Contract Management of Prisons) Amendment Act 2009 Section 199(2)﻿(e) amended 7 August 2020 section 135 Public Service Act 2020
199AA: Delegation of powers and functions of chief executive to contractor
1: Without limiting clauses 2 to 4 section 10
2: Subject to any general or special directions given or conditions imposed by the chief executive, a contractor or an employee of a contractor to whom any functions or powers are delegated may perform those functions or exercise those powers in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
3: A contractor or an employee of a contractor who has been delegated any functions or powers under subsection (1) may with the prior written approval of the chief executive delegate those functions or powers to an employee of the contractor.
4: A contractor or an employee of a contractor who appears to act under a delegation is presumed to be acting in accordance with its terms and conditions in the absence of evidence to the contrary.
5: A delegation made under this section is revocable at any time in writing and until it is revoked continues in force according to its tenor, despite the fact that the chief executive by whom it was made may have ceased to hold office, and continues to have effect as if made by the successor in office of that chief executive.
6: A delegation under this section does not affect the exercise of any function or power by the chief executive or the responsibility of the chief executive for the actions of any person acting under the delegation. Section 199AA inserted 5 March 2013 section 42 Corrections Amendment Act 2013 Section 199AA(1) amended 7 August 2020 section 135 Public Service Act 2020
199AB: Delegation of powers and functions of chief executive to subcontractor
1: Without limiting clauses 2 to 4 section 10 section 199C
2: Subject to any general or special directions given or conditions imposed by the chief executive, a subcontractor or employee of that subcontractor to whom the functions or powers are delegated may perform those functions or exercise those powers in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
3: A subcontractor or an employee of a subcontractor who has been delegated any functions or powers under subsection (1) may with the prior written approval of the chief executive delegate those functions or powers to an employee of the subcontractor.
4: A subcontractor or an employee of a subcontractor who appears to act under a delegation is presumed to be acting in accordance with its terms and conditions in the absence of evidence to the contrary.
5: Section 199AA(5) and (6) Section 199AB inserted 5 March 2013 section 42 Corrections Amendment Act 2013 Section 199AB(1) amended 7 August 2020 section 135 Public Service Act 2020
199A: Delegation of powers and functions of contractor
Without limiting clauses 2 to 4 section 10
a: the contractor were the chief executive of the department; and
b: each staff member of the prison were an employee of the department. 1954 No 51 s 3A Section 199A inserted 8 December 2009 section 5 Corrections (Contract Management of Prisons) Amendment Act 2009 Section 199A amended 7 August 2020 section 135 Public Service Act 2020
199B: 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
b: for any act or omission of the contractor, or the contractor's employees or agents, that results in damage to, or loss of, any property of the Crown.
2: For the purposes of determining the liability of the Crown or the contractor for any act or omission of a contractor or a contractor's employees or agents, neither the contractor nor the contractor's employees or agents are to be treated as agents of the Crown.
3: This section does not limit any other right to indemnification that may be provided in a prison management contract. 1954 No 51 s 4C Section 199B inserted 8 December 2009 section 5 Corrections (Contract Management of Prisons) Amendment Act 2009
199C: Subcontractors
1: A contractor may subcontract any of its management responsibilities under a prison management contract only with the prior written approval of the chief executive and only to the extent permitted by an approval of that kind.
2: An approval granted by the chief executive under subsection (1) may be granted subject to any conditions that the chief executive thinks fit.
3: If, with the approval of the chief executive, any management responsibility of a contractor under a prison management contract is subcontracted to any person, the provisions of this Act, of any regulations made under this Act, and of any instructions or guidelines issued by the chief executive under section 196 1954 No 51 s 4E Section 199C inserted 8 December 2009 section 5 Corrections (Contract Management of Prisons) Amendment Act 2009
199D: Reporting responsibilities
1: If there is any variation of the controlling interests in a contractor, that contractor must promptly give notice of that variation to the chief executive and to the monitor appointed in respect of that prison under section 199E(1)﻿(a)
1A: A contractor must, at any intervals (not exceeding 4 months) that are determined by the chief executive, report in writing to the chief executive on—
a: the exercise of any functions, duties, or powers delegated under sections 199AA 199A
b: the exercise of any functions, powers, or duties by an employee of the contractor who is an approved employee within the meaning of any regulations made under this Act.
1B: A subcontractor referred to in section 199C section 199AB
2: The manager of a contract prison must, at any intervals (not exceeding 4 months) that are determined by the chief executive, arrange for written reports on the following matters to be prepared and forwarded to the chief executive and to the monitor appointed in respect of that prison under section 199E(1)﻿(a)
a: the training provided to staff members of the prison (including the amount and quality of that training), and the level of training achieved by those staff members:
b: the number and nature of complaints made by prisoners at the prison, and how those complaints were resolved:
c: the number and nature of any incidents in the prison involving—
i: violence against any person; or
ii: self-inflicted injuries to prisoners of the prison:
d: the programmes provided for prisoners at the prison, and the extent of attendance at, and completion of, those programmes by prisoners:
e: the employment provided for prisoners by or at the prison:
f: the skills gained by prisoners as a result of employment or education provided by or at the prison:
g: the compliance, by staff members of the prison, with the requirements of sections 83 84 85 87 88
h: the exercise, by officers of the prison, of the powers conferred by sections 98 to 101
i: the number and nature of—
i: any disciplinary proceedings taken against prisoners at the prison; and
ii: any disciplinary actions taken against staff members of the prison:
j: the reasons for, and outcomes of, disciplinary proceedings or disciplinary actions, including any penalties imposed:
k: the operation of random-testing programmes in the prison:
l: any matters relating to the financial management of the prison that the chief executive from time to time determines, which may include the provision of financial forecasts and audited accounts:
m: any other matters in respect of which the chief executive reasonably considers that information is necessary to enable the chief executive to carry out his or her responsibilities under this Act or any other enactment.
3: The manager of a contract prison must, promptly after the occurrence in that prison of any of the events specified in subsection (4), arrange for a written report on that occurrence to be prepared and forwarded to the chief executive and to the monitor appointed in respect of that prison under section 199E(1)﻿(a)
4: The events are—
a: any escape or attempted escape by a prisoner:
b: the death of a prisoner.
5: Nothing in subsections (1) to (4) limits any other duty to report that is imposed by or under any prison management contract or by or under any other provision of this Act or of any other enactment. 1954 No 51 s 4F Section 199D inserted 8 December 2009 section 5 Corrections (Contract Management of Prisons) Amendment Act 2009 Section 199D(1A) inserted 5 March 2013 section 43 Corrections Amendment Act 2013 Section 199D(1B) inserted 5 March 2013 section 43 Corrections Amendment Act 2013
199E: Monitors
1: The chief executive—
a: must appoint, under the Public Service Act 2020
b: may appoint, under the Public Service Act 2020
2: The chief executive may appoint, under the Public Service Act 2020
3: The monitor appointed under subsection (1)﻿(a) in respect of a contract prison—
a: is responsible to the chief executive for the assessment and review of the management of that prison; and
b: must report to the chief executive, at any intervals (not exceeding 4 months) that are determined by the chief executive, and at any other time that the monitor considers appropriate, on—
i: the management of that prison; and
ii: whether or not the contractor responsible for the management of that prison is complying with that contractor's prison management contract and with the provisions of this Act, and any regulations made under this Act, and any instructions or guidelines issued by the chief executive under section 196
4: A monitor appointed under subsection (1)﻿(a) may, at any time that he or she considers appropriate, make recommendations to the chief executive on any matters relating to the contract prison in respect of which the monitor is appointed.
5: A monitor appointed under subsection (2) may, at any time that he or she considers appropriate, make recommendations to the chief executive on any matters relating to any prison.
6: The office of monitor may be combined with any other office, appointment, or position if the chief executive is satisfied that the duties of that other office, appointment, or position are not incompatible with the duties of a monitor.
7: The chief executive must ensure a regular change of the monitor or monitors appointed under subsection (1) in respect of each contract prison. 1954 No 51 s 4G Section 199E inserted 8 December 2009 section 5 Corrections (Contract Management of Prisons) Amendment Act 2009 Section 199E(1)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 199E(1)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 199E(2) amended 7 August 2020 section 135 Public Service Act 2020
199F: Accommodation and access
1: Every contractor must ensure that there is available in the contract prison managed by that contractor suitable office accommodation for use by the monitor or monitors appointed under section 199E(1)
2: Every contractor must ensure that any monitor has free and unfettered access at all times to—
a: every part of the contract prison managed by that contractor; and
b: all prisoners in that prison; and
c: all persons who work in that prison, but only when they are actually in the prison; and
d: all records held by the contractor that relate to—
i: that prison; or
ii: any prisoner or former prisoner; or
iii: any staff member or former staff member of that prison.
2A: Every contractor must ensure that any monitor has free and unfettered access to the following persons, but only during their work hours:
a: all employees of the contractor who—
i: are not staff members of the contract prison managed by that contractor; and
ii: are exercising, in respect of that prison, the functions and powers of the chief executive or the contractor under a delegation; and
b: all employees of the contractor who are approved employees (within the meaning of any regulations made under this Act).
3: Despite subsection (2), a monitor must not be given access to the medical records of any person unless that person consents to that access. 1954 No 51 s 4H Section 199F inserted 8 December 2009 section 5 Corrections (Contract Management of Prisons) Amendment Act 2009 Section 199F(2A) inserted 5 March 2013 section 44 Corrections Amendment Act 2013
199G: Monitors to report on certain matters
1: Without limiting section 199E(3)
a: determinations made under Part 1
i: the start date, expiry date, non-parole period, and release date of sentences; and
ii: the parole eligibility date and statutory release date of offenders:
b: calculations made under Part 1
c: reports made by the manager of the prison for the purposes of section 43(1)
d: in respect of sections 57 to 61
i: compliance by officers of that prison with the requirements of those sections; and
ii: if any function, duty, or power of the chief executive under those sections has been delegated to any officer or officers of that prison, the performance of that function or duty, or the exercise of that power:
e: work undertaken by prisoners at the direction of the prison manager under section 66
f: decisions made by the prison manager (whether or not under delegated authority) under—
i: sections 53 54
ii: sections 62 to 64
g: decisions of officers of the prison to apply, under section 45
h: the procedures in place to assess—
i: the suitability of persons for appointment or engagement under section 11(2) and (4)
ii: the ongoing suitability of persons so appointed or engaged:
i: the matters in respect of which the monitor is entitled to receive a report under section 199D(1A), (2), and (3)
2: Without limiting section 199E(3)
3: A monitor appointed in respect of a contract prison under section 199E(1)﻿(b) section 199E(1)﻿(a)
4: A monitor appointed for a particular purpose under section 199E(2) 1954 No 51 s 4I Section 199G inserted 8 December 2009 section 5 Corrections (Contract Management of Prisons) Amendment Act 2009 Section 199G(1)﻿(i) amended 5 March 2013 section 45 Corrections Amendment Act 2013
199H: Control of contract prison in emergency
1: This section applies if the chief executive believes, on reasonable grounds,—
a: that either—
i: there exists in respect of any contract prison an emergency affecting the safety or health of the prisoners or any class or group of prisoners, or the security of the prison; or
ii: there is an imminent threat of such an emergency; and
b: that the contractor responsible for the management of that prison is unwilling or unable to immediately deal with that emergency or, as the case requires, that threat to the satisfaction of the chief executive.
2: If this section applies, the chief executive may take over the management of the contract prison from the contractor for any period that the chief executive considers necessary in order to deal with the emergency or threatened emergency, and for that purpose the chief executive—
a: has and may exercise and perform, in respect of the prison, all the powers, functions, and duties that would otherwise be exercisable or performed by the contractor:
b: has all other powers that are necessary or desirable.
3: If the chief executive takes over the management of a contract prison under this section, the chief executive must immediately give written notice to the contractor of that action, and of the reasons for that action.
4: Without limiting any other remedy available to the chief executive (whether under the prison management contract or otherwise), if the chief executive acts under subsection (2), then, unless it would be unreasonable or unfair in the circumstances,—
a: the chief executive is entitled to be reimbursed by the contractor for any costs and expenses incurred in taking that action; and
b: those costs and expenses are recoverable as a debt due to the Crown.
5: This section applies despite anything in any prison management contract, and nothing in this section limits or affects—
a: any other right or remedy available to the chief executive or the Crown, whether under any prison management contract or otherwise; or
b: any liability of the contractor under the prison management contract or otherwise.
6: Neither the chief executive, nor the Crown, nor any other person acting by or under the authority of the chief executive is under any civil or criminal liability for anything the chief executive or any such person may do or fail to do in the course of the exercise or performance or intended exercise or performance of any powers, functions, or duties under this section, unless it is shown that the chief executive or that other person acted, or failed to act, in bad faith. 1954 No 51 s 4J Section 199H inserted 8 December 2009 section 5 Corrections (Contract Management of Prisons) Amendment Act 2009
199I: Prison management contracts to be presented to House of Representatives
1: Within 12 sitting days after a prison management contract is entered into, the Minister must present a copy of that contract to the House of Representatives.
2: Within 12 sitting days after a prison management contract is varied or renewed, the Minister must present a copy of the terms of that variation or renewal to the House of Representatives. 1954 No 51 s 4L Section 199I inserted 8 December 2009 section 5 Corrections (Contract Management of Prisons) Amendment Act 2009
199J: Release of prisoner information to and by contract prisons
1: 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 staff member of the department may access any information that is held (or deemed for the purposes of the Official Information Act 1982
2: For the purposes of enabling any staff member of a contract prison to exercise or perform any of his or her powers, duties, or functions, any staff member of a contract prison may have access to any information that is held (or deemed for the purposes of the Official Information Act 1982
3: If the department is authorised by any enactment to access or to disclose information relating to any prisoner,—
a: a staff member of a contract prison is authorised to access or disclose that information as if the contract prison were a part of the department; and
b: the chief executive may require the contractor to access or disclose that information. 1954 No 51 s 41G Section 199J inserted 8 December 2009 section 5 Corrections (Contract Management of Prisons) Amendment Act 2009
199K: Transferring staff who are contributors to Government Superannuation Fund
1: This subsection applies to any person who—
a: is employed by a contractor to work in a contract prison; and
b: immediately before that employment was a contributor to the Government Superannuation Fund under Part 2 2A
2: A person to whom subsection (1) applies is deemed to continue to be employed in the Government service, for the purposes of the Government Superannuation Fund Act 1956
3: The provisions of the Government Superannuation Fund Act 1956
4: This subsection applies to any person who—
a: is employed by a contractor to work in a contract prison; and
b: immediately before that employment was a contributor to the Government Superannuation Fund under Part 6B
5: A person to whom subsection (4) applies is deemed to continue to be a member of the prisons service, for the purposes of the Government Superannuation Fund Act 1956
6: The provisions of the Government Superannuation Fund Act 1956
7: Subject to the Government Superannuation Fund Act 1956
8: For the purposes of applying the Government Superannuation Fund Act 1956 controlling authority Section 199K inserted 8 December 2009 section 5 Corrections (Contract Management of Prisons) Amendment Act 2009 Regulations
200: Regulations
1: The Governor-General may, by Order in Council, make regulations—
a: ensuring the good management of—
i: prisons:
ii: community work centres:
iii: the corrections system generally:
b: prescribing the powers and functions of—
i: staff members of prisons:
ii: probation officers:
iii: employees of the department supervising offenders undergoing community work:
iv: security officers:
v: controlling officers of probation areas:
c: ensuring the safe custody of prisoners:
d: providing for the management, care, treatment, well-being, and reintegration into the community of the following persons:
i: prisoners:
ii: other persons under control or supervision:
e: regulating the provision, and carrying out, of courtroom custodial services or escort services, or both:
f: prescribing fees, or the method of determining fees, to be paid to any class or classes of Visiting Justice appointed under section 19(2)
g: providing for any other matters contemplated by the Act, necessary for its administration, or necessary for giving it full effect.
2: Without limiting the generality of subsection (1), any regulations made under this Act may apply—
a: generally in respect of all prisons or in respect of any specified prison or in respect of prisons of any specified class or classes:
b: generally in respect of all community work centres or in respect of any specified work centre or in respect of community work centres of any specified class or classes:
c: generally in respect of all persons (whether persons under control or supervision, staff members at any prison, employees of the department supervising offenders undergoing community work, probation officers, security officers, contractors, security contractors, independent contractors, visitors, or any other person) or in respect of persons or office holders of any specified class or classes.
3: Regulations under this section are secondary legislation ( see Part 3 1954 No 51 s 45 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 200(1)﻿(b)﻿(v) inserted 15 December 2005 section 6 Corrections Amendment Act 2005 Section 200(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
201: Regulations relating to good management of corrections system
Regulations made under section 200(1)﻿(a)
a: regulating the admission of prisoners to prisons and their discharge from prisons:
b: regulating the visiting of prisoners including (without limitation)—
i: requiring members of the public or any specified class of persons to obtain approval from the chief executive before visiting prisoners:
ii: providing for the restriction or prohibition of any visiting by any specified class of person or persons (for example, unaccompanied children aged under 16 years), by the chief executive or a prison manager:
c: regulating the opening of bank accounts into which prisoners' money may be deposited, regulating the operation of those accounts (including deposits and withdrawals or other payments), and the closing of those accounts:
d: ensuring the discipline of prisoners, including (without limitation) regulating the granting and loss of privileges, regulating the laying of complaints relating to offences against discipline, and prescribing the procedures for the hearing of those complaints:
e: prescribing procedures to be used for the purposes of dealing with complaints:
f: providing for the inspection of prisons, community work centres, probation offices, and other places where offenders are undertaking work or training. 1954 No 51 s 45(1)
202: Regulations relating to safe custody of prisoners
Regulations made under section 200(1)﻿(c)
a: regulating the separation of prisoners, including (without limitation) provisions requiring the separation of—
i: accused and convicted persons:
ii: accused and convicted persons who are under a specified age from persons of that kind who are of or over that age, except in circumstances specified in the regulations:
iii: male and female prisoners:
b: regulating communication with, and the visual recording of, prisoners:
c: regulating—
i: the photographing of prisoners:
ii: the collection of biometric information from prisoners:
iii: the taking of measurements from prisoners:
ca: prescribing procedures to enable the identification of prisoners other than those that may be regulated under paragraph (c):
d: regulating the holding of prisoners' property in prisons generally and, in particular, liability in respect of the loss of, damage to, or destruction of such property, and the seizure, disposal, or return of—
i: property found in the possession of a prisoner on his or her admission to a prison, or brought into a prison after a prisoner's admission:
ii: any thing discovered as a result of any search conducted under this Act:
e: regulating the standards of accommodation to be provided to prisoners or any class of prisoner, and the facilities to be provided or not provided:
f: regulating the security classification of prisoners:
g: regulating the conditions of prisoners whose opportunity to associate with other prisoners is restricted or denied
h: regulating the transfer of prisoners:
i: prescribing classes of prisoners who may be temporarily released from custody or temporarily removed from prison under section 62
j: regulating the use and reporting of the use of force, authorising and regulating the use and reporting of the use of specified kinds of mechanical restraints in particular circumstances, and authorising and regulating the use of and reporting of the use of specified kinds of non-lethal weapons:
k: regulating imaging technology
l: prescribing 1 or more types of procedure to which a prisoner may be required to submit, under section 124
m: regulating those procedures, including (without limitation)—
i: prescribing how procedures may be carried out:
ii: prescribing how any samples obtained from procedures may be analysed, stored, or both:
iii: providing for the disposal of samples obtained from a prescribed procedure:
iv: regulating access to, and the use and disclosure of, information obtained from the analysis of such samples, and providing for the destruction of such information:
ma: prescribing limitations on when a prisoner may be required to submit to a prescribed procedure under section 124
n: providing for random-testing programmes, including (without limitation)—
i: prescribing the purposes for which random-testing programmes may be established:
ii: prescribing the principles under which random-testing programmes must operate:
iii: prescribing standards that random-testing programmes must meet:
iv: prescribing specifications for random-testing programmes, including (without limitation) defining the class of prisoners to which the programme applies, and specifying the frequency of testing and the percentage of prisoners to be tested:
v: providing for the general administration of random-testing programmes. 1954 No 51 s 45(1) Section 202(c) replaced 22 August 2017 section 18 Enhancing Identity Verification and Border Processes Legislation Act 2017 Section 202(ca) inserted 22 August 2017 section 18 Enhancing Identity Verification and Border Processes Legislation Act 2017 Section 202(g) amended 29 October 2019 section 34(1) Corrections Amendment Act 2019 Section 202(k) amended 29 October 2019 section 34(2) Corrections Amendment Act 2019 Section 202(ma) inserted 5 March 2013 section 46 Corrections Amendment Act 2013
203: Regulations relating to treatment of prisoners
Regulations made under section 200(1)﻿(d)
a: requiring different regimes for different classes of prisoners (for example, provisions designed to ensure the safety and welfare of young persons in prisons or persons detained solely as a consequence of a warrant or other order issued under the Immigration Act 2009
b: requiring persons detained solely as a consequence of a warrant or other order issued under the Immigration Act 1987
ba: prescribing matters that must be included in rehabilitative programmes, and different matters may be prescribed for different rehabilitative programmes and different classes of prisoners:
c: prescribing conditions relating to the care of children of female prisoners who are allowed to remain with or visit their mothers in prison:
d: regulating the appearance of prisoners (including the clothing to be worn by prisoners and the cutting of prisoners' hair):
e: regulating the employment of prisoners, including their hours of work and the application or payment of earnings:
f: authorising the removal of jewellery (including earrings and studs attached to any part of the body) for reasons of safety, security, or hygiene:
g: authorising prisoners to communicate using any specified device or medium of communication, and regulating that communication. 1954 No 51 s 45(1) Section 203(a) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 203(ba) inserted 29 October 2019 section 35 Corrections Amendment Act 2019 Section 203(c) replaced 19 September 2011 section 6 Corrections (Mothers with Babies) Amendment Act 2008 Amendment to Immigration Act 1987
204: New section 141AC inserted
Amendment(s) incorporated in the Act(s) Amendment to Privacy Act 1993
205: Amendments to Privacy Act 1993
Amendment(s) incorporated in the Act(s) Other amendments and repeals
206: Acts amended
The Acts set out in Schedule 2
207: Regulations amended
The regulations set out in Schedule 3
208: Repeals and revocations
1: The enactments set out in Part 1
2: The regulations set out in Part 2
3: Transitional provisions
Management of prisons under contract Heading repealed 8 December 2009 section 6 Corrections (Contract Management of Prisons) Amendment Act 2009
209: Existing management contracts must not be extended
Section 209 repealed 8 December 2009 section 6 Corrections (Contract Management of Prisons) Amendment Act 2009
210: Delegation of powers and functions of contractor
Section 210 repealed 8 December 2009 section 6 Corrections (Contract Management of Prisons) Amendment Act 2009
211: References in existing management contracts altered
Section 211 repealed 8 December 2009 section 6 Corrections (Contract Management of Prisons) Amendment Act 2009
212: Liability of contractor
Section 212 repealed 8 December 2009 section 6 Corrections (Contract Management of Prisons) Amendment Act 2009
213: Subcontractors
Section 213 repealed 8 December 2009 section 6 Corrections (Contract Management of Prisons) Amendment Act 2009
214: Reporting responsibilities
Section 214 repealed 8 December 2009 section 6 Corrections (Contract Management of Prisons) Amendment Act 2009
215: Monitors
Section 215 repealed 8 December 2009 section 6 Corrections (Contract Management of Prisons) Amendment Act 2009
216: Accommodation and access
Section 216 repealed 8 December 2009 section 6 Corrections (Contract Management of Prisons) Amendment Act 2009
217: Monitors to report on certain matters
Section 217 repealed 8 December 2009 section 6 Corrections (Contract Management of Prisons) Amendment Act 2009
218: Control of contract prison in emergency
Section 218 repealed 8 December 2009 section 6 Corrections (Contract Management of Prisons) Amendment Act 2009
219: Variation to management contracts to be presented to House of Representatives
Section 219 repealed 8 December 2009 section 6 Corrections (Contract Management of Prisons) Amendment Act 2009
220: Release of prisoner information to contract prisons
Section 220 repealed 8 December 2009 section 6 Corrections (Contract Management of Prisons) Amendment Act 2009 Provision of escort services or courtroom custodial services under contract
221: References in existing contracts for provision of escort services, courtroom custodial services, or both
Every contract entered into under section 36G of the Penal Institutions Act 1954
a: every reference to the Secretary must be read as a reference to the chief executive of the department:
b: every reference to a penal institution or an institution must be read as a reference to a prison:
c: every reference to security operational standards or to national corrections systems must be read as a reference to instructions or guidelines issued by the chief executive under section 196
d: the contract must be treated for the purposes of this Act and any other enactment as a contract entered into under section 166 Compensation for property damage by escapers
222: Proceedings brought under sections 41A and 41B of Penal Institutions Act 1954
Any proceedings brought under sections 41A and 41B of the Penal Institutions Act 1954 sections 185 to 189 Rules preserved
223: Existing rules preserved
Any rules made by a superintendent of a penal institution under section 7(1) of the Penal Institutions Act 1954 section 33 Directions restricting right to associate continue in effect
224: Directions restricting right to associate to continue
1: Any direction given under section 7(1A) of the Penal Institutions Act 1954
a: continues in force on and after the commencement of this section in accordance with section 7(1C) of that Act
b: may be revoked under section 7(1B) of that Act
2: Despite subsection (1)﻿(a) every direction given under section 7(1A) of the Penal Institutions Act 1954 Security classifications of prisoners continue in effect
225: Existing security classifications to continue
Every security classification assigned to an inmate under section 17A of the Penal Institutions Act 1954 section 47 section 48(1) Appointments
226: Superintendents deemed to be prison managers
Every person who, immediately before the commencement of this section, holds office as a superintendent of a penal institution is, on the commencement of this section, deemed to have been appointed, under section 11(1), (2), or (3)
227: Inspectors deemed to be inspectors of corrections
Every person who, immediately before the commencement of this section, holds office as an Inspector of Penal Institutions is, on the commencement of this section, deemed to have been appointed, under section 28
228: Most other appointments preserved
1: This section applies to any person (other than a Visiting Justice who is not a Judge) who, immediately before the commencement of this section, holds office (including a position of any kind) as a consequence of any appointment, engagement, or designation under the Criminal Justice Act 1985 Penal Institutions Act 1954
2: Every person to whom this section applies is, on the commencement of this section, deemed to have been appointed to, or engaged or designated as the holder of, the office referred to in subsection (1)—
a: under the provision of this Act that, with or without modification, corresponds to the provision in the Criminal Justice Act 1985 Penal Institutions Act 1954
b: on the same terms and conditions that applied immediately before the commencement of this section.
3: This section is subject to sections 226 227
4: This section does not limit section 21
229: Certain Visiting Justices cease to hold office
1: Every person (other than a Judge) who, immediately before the commencement of this section, holds office as a Visiting Justice ceases to hold that office on the commencement of this section.
2: No person is entitled to compensation for loss of office as a Visiting Justice under subsection (1). Release or removal under Penal Institutions Act 1954
230: Persons released under section 21 of Penal Institutions Act 1954
1: This section applies to any person who, immediately before the commencement of this section, was at large following his or her temporary release from custody under section 21 of the Penal Institutions Act 1954
2: Every person to whom this section applies is, on the commencement of this section,—
a: deemed to have been temporarily released from custody under section 62 section 21 of the Penal Institutions Act 1954
b: subject to section 63
231: Directions given under section 21A of Penal Institutions Act 1954
1: This section applies in respect of any direction under section 21A of the Penal Institutions Act 1954
2: Every direction referred to in subsection (1) is, on and after the commencement of this section, deemed to be an authority for the temporary release of the person from custody under section 62
a: may be temporarily released from custody under section 62 section 21A of the Penal Institutions Act 1954
b: is subject to section 63
232: Removal under section 27 or section 28 of Penal Institutions Act 1954
1: This section applies to any person who, immediately before the commencement of this section, was outside a prison as a consequence of his or her removal from prison under section 27 or section 28 of the Penal Institutions Act 1954
2: Every person to whom this section applies is, on the commencement of this section,—
a: deemed to have been temporarily removed from prison under section 62
b: subject to the provisions of section 64 Disciplinary offences
233: Sections 32 to 36 of Penal Institutions Act 1954 continue to apply to acts and omissions before commencement
1: This section applies to any act or omission by a person before the commencement of this section that is alleged to constitute an offence under section 32 or section 32A of the Penal Institutions Act 1954
2: Every alleged offence to which this section applies may, on and after the commencement of this section, be dealt with under sections 32 to 36 of that Act sections 32 to 32A of the Penal Institutions Act 1954
a: for every reference to Superintendent there were substituted the words prison manager
b: for every reference to inmate there were substituted the word prisoner Drug and alcohol strategy
234: Drug and alcohol strategy issued under section 36B of Penal Institutions Act 1954
Any drug and alcohol strategy issued under section 36B of the Penal Institutions Act 1954
a: is deemed to have been issued under section 123
b: must be replaced with a new strategy issued under section 123 section 36B of the Penal Institutions Act 1954 Designations
235: Penal institutions deemed to be prisons and other designation changes
1: In any Act, regulation, rule, order, agreement, deed, instrument, application, notice, or other document of any kind in force at the commencement of this section, every reference to a penal institution must, unless the context otherwise requires, on the commencement of this section, be read as a reference to a prison.
2: Any land or building that, immediately before the commencement of this section, is declared to be a penal institution under the Penal Institutions Act 1954
a: deemed to be established under section 32
b: if declared to be a prison under section 4 of the Penal Institutions Act 1954 section 32
c: if declared to be a Police jail under section 4 of the Penal Institutions Act 1954 section 32
3: In any Act, regulation, rule, order, agreement, deed, instrument, application, notice, or other document of any kind in force at the commencement of this section, every reference to a superintendent of a penal institution or the superintendent of a specified penal institution, must on the commencement of this section, unless the context otherwise requires, be read as a reference to a manager of a prison or the manager of the specified prison, as the case may require.
4: In any Act, regulation, rule, order, agreement, deed, instrument, application, notice, or other document of any kind in force at the commencement of this section, every reference to an inspector of a penal institution must on the commencement of this section, unless the context otherwise requires, be read as a reference to an inspector of corrections.