Reprint as at 28 September 2017

Coat of Arms of New Zealand

Corrections Act 2004

Public Act
 
2004 No 50
Date of assent
 
3 June 2004
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Department of Corrections.

Contents

1Title
2Commencement
3Interpretation
4Act binds the Crown
5Purpose of corrections system
6Principles guiding corrections system
7Powers and functions of Minister
8Powers and functions of chief executive
9Powers and functions of Commissioner of Police
10Delegation of powers and functions of chief executive
11Prison manager and other staff of prisons
12Powers and functions of prison managers
13Delegation of powers and functions of prison managers
14Powers and functions of officers
15Hearing adjudicators
16Powers and functions of hearing adjudicators
17Appointment or engagement of security officers
18Powers and functions of security officers
19Visiting Justices
19AHealth centre managers
20Medical officers
21Protection of officers in discharge of functions
22Protection of members of Armed Forces
23Restrictions on exercise of certain powers
24Probation officers
25Functions of probation officers
26Probation officers may delegate power to supervise offenders on community work
27Controlling officer of probation area
28Inspectors of corrections
29Powers and functions of inspectors of corrections
30Establishment of community work centres
31Chief executive may make rules for community work centres and offenders carrying out community work
32Establishment of prisons
33Manager may make rules for prison
34Detention of prisoners
34ADetention of child or young person serving sentence of imprisonment
35Detention during transit
36Police station deemed Police jail for certain purposes
37Effect of warrant, etc, for specified prisons
38Legal custody of prisoners
39Duty of prisoner to return if control or supervision ceases
40Prisoners must obey lawful orders
41Collection of biometric information, etc, from prisoner
42Certain information to be given to recently received prisoners
43Authorised property
44Standard conditions of issue and transfer of issued items
45Disposal and destruction of prisoner property
45ARules about authorised property
46Trust account and purchasing system for prisoners
47Security classifications
48Further provisions relating to security classifications
49Prisoners must be assessed on reception and have needs addressed
50Prisoners’ use of time
51Management plans
52Rehabilitative programmes
53Transfer from one prison to another
54Reasons for transfer
55Information to be given to prisoners
56Information about reasons for transfer
57Segregation
58Segregation for purpose of security, good order, or safety
59Segregation for purpose of protective custody
60Segregation for purpose of medical oversight
61Accommodation to be provided if segregation direction in force
62Temporary release from custody or temporary removal from prison
63Temporary release from custody
64Temporary removal from prison
64AElectronic monitoring for persons temporarily released from custody or temporarily removed from prison
65Removal of prisoner for judicial purposes
65AElectronic monitoring of prisoners employed in work or accommodated outside secure perimeter
66Work and earnings
66ASelf-employment
67Earnings of employed prisoner
68Application of money
69Minimum entitlements
70Exercise
71Bedding
72Diet
73Entitlement to private visitors
74Legal adviser may visit prisoner
75Medical treatment and standard of health care
76Prisoners may send and receive mail
77Outgoing telephone calls
78Information and education needs of prisoners
79Religious and spiritual needs
80Needs relating to particular cultures
81Working conditions
81ARequest and approval for placement of child with mother
81BParenting agreements
81CAccommodation and feeding of children placed with their mothers
82Accommodation generally
83Use of force
84Provoking prisoners
85Use of non-lethal weapons
86Possession, carriage, and use of firearms restricted
87Restraint of prisoners
88Reporting on use of force, weapons, and mechanical restraints
89Definition of rub-down search
90Definition of strip search
91Definition of scanner search
92Definition of x-ray search
93Restrictions on internal examinations
94Restrictions on searches
95Authority to detain for purposes of search
96Authority to search property
97Use of dogs for searching
98Search of prisoners and cells
99Search of persons other than prisoners
100Search of staff lockers and other places
101Search of vehicles
102Reporting of unauthorised items discovered, certain searches, and placement in dry cells
103Detention pending investigation by Police
103AInterpretation
104General considerations relating to mail
105Restriction on sending mail to other prisoners
106Opening of mail
107Reading of correspondence
108Withholding mail
109Mail between prisoners, official agencies, and members of Parliament
110Mail between prisoners and legal advisers
110ARestrictions on disclosure of mail
110BWarnings in relation to mail
110CApplication of Privacy Act 1993
111Interpretation
112Purposes of monitoring prisoners’ calls
113Prisoner calls that may be monitored
114Certain calls must not be monitored
115Only certain persons may monitor
116Warnings
117Authorised disclosure of information
118Restrictions on disclosure of information
119Application of Privacy Act 1993
120Destruction of recordings
121Notice to be given of intention to produce evidence of recording
122Privileged evidence
123Chief executive must issue drug and alcohol strategy
124Prisoner may be required to submit to drug or alcohol test
125Obligations of persons carrying out procedure
126Prisoner must be informed of result of procedure
127Restrictions on use of result of procedure
128Offences by prisoner
129Offences by prisoners relating to drugs, alcohol, and smoking
130Offences committed by persons while on temporary release from custody under section 62
131Attempting or aiding commission of offence against discipline
132Minor or unintentional breaches of discipline
133Powers of hearing adjudicator in relation to offences against discipline
134Decision as to who is to hear charge
135Applications for legal representation
136Right to appeal to Visiting Justice against decision of hearing adjudicator
137Powers of Visiting Justice in relation to offences by prisoners
138Reference of case from Visiting Justice to hearing adjudicator
139Mode of hearing or reaching decisions
140Commencement of penalties
141Unauthorised deliveries, communications, recordings, and possession of unauthorised items
141AUnauthorised use or possession of electronic communication device by prisoner
142Trespassing in, or loitering about, prison
143Restricted communications with, or deliveries to, prisoner outside prison
144Pretending to be security officer or employee of department
145Failure to comply with direction or requirement under section 101(2)
146Contravention of section 110A or 118
147Injuring, interfering with, or obstructing dog used for searching
148Offences in relation to requisitioning
149Power of arrest
150Power of seizure
151Interpretation
152Objectives and monitoring of corrections complaints system
153Prisons, community work centres, and probation offices must have internal complaints system
154Assistance to make complaints
155Persons under or previously under control or supervision may seek assistance from inspector of corrections
156Investigation of complaints by inspector of corrections
157Powers of entry and access by inspectors of corrections
158Interviews with inspectors of corrections
159Recommendations and directions of inspectors of corrections
160Protocol between chief executive and Chief Ombudsman
161Right of member of Parliament to visit prisons
162Right of Justice of the Peace to visit prison
162ACrimes of Torture Act 1989 not limited
163Certain persons to be readily identifiable
164Provision of information to persons under control or supervision
165Health records
166Provision of escort services or courtroom custodial services under contract
167Requirements of security contracts
168Liability of security contractors
169Subcontractors
170Security contracts to be notified in Gazette
171Reporting responsibilities
172Security monitors
173Access must be given
174Security monitors must report on certain matters
175Application of Ombudsmen Act 1975 and Official Information Act 1982 to contract prisons, security contractors, and security officers
176Application of New Zealand Bill of Rights Act 1990 to contract prisons, security contractors, and security officers
177Application of Public Works Act 1981
178Application of Resource Management Act 1991
179Application of certain Acts to various office holders
179AAStatus of certain rules and regulations relating to smoking in prisons
179ADetention of prisoners eligible for release during outbreak or spread of infectious disease
179BNo compensation for detention in prison under Health Act 1956
179CInterpretation
179DNotification of emergency
179EExclusion of liability while epidemic notice in force or during emergency
180Purpose of section 180A
180APrisoner information may be disclosed for social assistance purposes
180BInformation that may be requested and disclosed
180CSocial assistance may be suspended immediately if discrepancy discovered
180DNotice required by section 180C(1)(d)
181Offender information may be disclosed for immigration purposes
181ADisclosure of information relating to highest-risk offenders
182Offender information may be disclosed to facilitate monitoring of persons on temporary release
182AInformation sharing about child sex offenders
182BDefinition of child sex offender
182CDefinition of specified agency
182DInformation sharing agreements
182EApplication of agreements
183Inquests on prisoners
184Arrest of person unlawfully at large
185Compensation for property damage by escapers
186Rules governing compensation
187Notification and payment of compensation
188Hearing of claims
189Procedure, evidence, and appeals
189AInterpretation
189BDetection, interception, etc, of radiocommunications within prison boundaries
189CRecordings of unauthorised communications
189DChief executive may require electronic communications company to provide information to access contents of seized device
190Matters to be included in annual report
190AMinister may approve subsidies for voluntary groups
191Requisitioning powers
192Direction not to be inconsistent with applicable civil defence emergency management plan
193Compensation if property requisitioned
194Duties of chief executive
195Protection from liability
196Chief executive and Commissioner of Police may issue guidelines and instructions
197Royal prerogative not affected
198Management of prisons under contract
199Requirements of prison management contracts
199AADelegation of powers and functions of chief executive to contractor
199ABDelegation of powers and functions of chief executive to subcontractor
199ADelegation of powers and functions of contractor
199BLiability of contractor
199CSubcontractors
199DReporting responsibilities
199EMonitors
199FAccommodation and access
199GMonitors to report on certain matters
199HControl of contract prison in emergency
199IPrison management contracts to be presented to House of Representatives
199JRelease of prisoner information to and by contract prisons
199KTransferring staff who are contributors to Government Superannuation Fund
200Regulations
201Regulations relating to good management of corrections system
202Regulations relating to safe custody of prisoners
203Regulations relating to treatment of prisoners
204New section 141AC inserted
205Amendments to Privacy Act 1993
206Acts amended
207Regulations amended
208Repeals and revocations
[Repealed]
209Existing management contracts must not be extended [Repealed]
210Delegation of powers and functions of contractor [Repealed]
211References in existing management contracts altered [Repealed]
212Liability of contractor [Repealed]
213Subcontractors [Repealed]
214Reporting responsibilities [Repealed]
215Monitors [Repealed]
216Accommodation and access [Repealed]
217Monitors to report on certain matters [Repealed]
218Control of contract prison in emergency [Repealed]
219Variation to management contracts to be presented to House of Representatives [Repealed]
220Release of prisoner information to contract prisons [Repealed]
221References in existing contracts for provision of escort services, courtroom custodial services, or both
222Proceedings brought under sections 41A and 41B of Penal Institutions Act 1954
223Existing rules preserved
224Directions restricting right to associate to continue
225Existing security classifications to continue
226Superintendents deemed to be prison managers
227Inspectors deemed to be inspectors of corrections
228Most other appointments preserved
229Certain Visiting Justices cease to hold office
230Persons released under section 21 of Penal Institutions Act 1954
231Directions given under section 21A of Penal Institutions Act 1954
232Removal under section 27 or section 28 of Penal Institutions Act 1954
233Sections 32 to 36 of Penal Institutions Act 1954 continue to apply to acts and omissions before commencement
234Drug and alcohol strategy issued under section 36B of Penal Institutions Act 1954
235Penal institutions deemed to be prisons and other designation changes
Reprint notes