3 Interpretation

(1)

In this Act, unless the context otherwise requires,—

attendance for judicial purposes, in relation to any person, includes the attendance of that person, whether as a party or as a witness, before any of the following tribunals:

(a)

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) of the Oranga Tamariki Act 1989:

(g)
[Repealed]

(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 of the Crimes Act 1961 (which relates to perjury)

authorised property means property that is declared by rules made under section 45A as property that prisoners may be issued with or allowed to keep

biometric information has the same meaning as in section 2(1) of the Customs and Excise Act 1996

chief executive means the chief executive of the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

complainant means a person who makes a complaint under subpart 6 of Part 2

complaint

(a)

includes a complaint about—

(i)

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 of Part 2 or any other complaint by a prisoner about a decision of that kind

contract prison means a prison that is for the time being managed under a prison management contract

contractor means a person who is a party to a prison management contract under which that person is to manage a prison

corrections prison

(a)

includes a prison operated by the department (including a temporary prison) and a contract prison; but

(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 means the custody, control, and supervision of a person while he or she is at any place at which the attendance of that person is required for judicial purposes

courtroom custodial services means the provision of persons to undertake courtroom custodial duties

department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

disciplinary offence means an offence against discipline under subpart 5 of Part 2

disciplinary proceedings means a hearing conducted by a hearing adjudicator or a Visiting Justice under subpart 5 of Part 2

drug means—

(a)

a controlled drug within the meaning of the Misuse of Drugs Act 1975:

(b)

a prescription medicine or restricted medicine within the meaning of the Medicines Act 1981

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; and

(ii)

any telephone facility or telephone system (whether inside or outside a prison) that a prisoner is permitted to use by a person under whose control or supervision the prisoner is

electronic message means any communication transmitted by electronic means that is capable of being displayed on a visual display unit

employee includes a person engaged under a contract for services

enforcement officer

(a)

means a person who is a constable, or who—

(i)

is an officer or employee of the Public Service (as defined in section 2 of the State Sector Act 1988) or a local authority; and

(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); or

(iv)

in connection with any temporary removal from custody under section 62; or

(b)

includes their custody, control, and supervision during that transport, and any custody, control, and supervision while they are at any place to or from which they are transported (other than a prison or Police station) that is incidental to that transport

escort services means the provision of persons to undertake escort duties

family, in relation to any person, includes—

(a)

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, in relation to any person, means a family group or extended family—

(a)

in which there is at least 1 adult member—

(i)

with whom the person has a biological or legal relationship; or

(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 has the same meaning as in section 2 of the Arms Act 1983

Health and Disability Commissioner includes any employee of the Commissioner

health centre manager means a person appointed as a health centre manager under section 19A and who is a medical practitioner or a nurse

hearing adjudicator means a person designated as a hearing adjudicator under section 15

Independent Police Conduct Authority includes any employee of the Authority

inspector of corrections or inspector means a person appointed as an inspector of corrections under section 28

investigating officer means an officer (within the meaning of section 2(1) of the Defence Act 1990) or other duly authorised person investigating a complaint under section 49 of that Act

legal adviser

(a)

means a lawyer (within the meaning of the Lawyers and Conveyancers Act 2006) who represents a prisoner; and

(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 or other proceedings

mail means any letter, package, parcel, or postcard sent or delivered to or by a prisoner

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003, as a practitioner of the profession of medicine

medicine has the same meaning as in section 3 of the Medicines Act 1981

member of the Human Rights Commission includes any employee of the Human Rights Commission

Minister means the Minister of the Crown for the time being responsible for the department

monitor means any person appointed under section 199E(1) or (2)

nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions

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 to provide custodial services in respect of a prison:

(iii)

any person appointed under section 17(1):

(iv)

any person appointed or engaged under section 17(2) to carry out the obligations of a security contractor under a contract to undertake escort duties or courtroom custodial duties, or both, but only while that person is carrying out functions set out in section 18(1) or the powers and functions referred to in section 18(2):

(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 or more prisons:

(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 means—

(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 Authority; or

(j)

the Privacy Commissioner; or

(k)

a national preventive mechanism (as defined in section 16 of the Crimes of Torture Act 1989)

Ombudsman includes any employee of the Office of the Ombudsmen

person under control or supervision means—

(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)
[Repealed]

(e)

a person who is subject to conditions under the Parole Act 2002 or under section 80N or 93 of the Sentencing Act 2002

Police jail means a prison established or deemed to be established as a Police jail under section 32(1)(b)

prescribed means prescribed by this Act or by any regulations made under this Act

prison

(a)

means a prison established or deemed to be established under section 32; and

(b)

to avoid doubt, includes any land or building declared to be a prison

prison management contract means a contract for the management of a corrections prison entered into pursuant to section 198(1)

prison manager or manager

(a)

means a person appointed or engaged as the manager of a prison under section 11; and

(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 means any person for the time being in the legal custody under this Act of either of the following persons:

(a)

the chief executive:

(b)

the Commissioner of Police

prisoner property means an item that—

(a)

is part of a prisoner’s personal belongings, and is in the prisoner’s possession at the time of admission to a prison; or

(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 includes any employee of, or contractor engaged by, the Privacy Commissioner

private visitor means a visitor who is not a statutory visitor or a specified visitor

promptly means as soon as practicable in all the circumstances

random-testing programme means a programme—

(a)

under which a class or classes of prisoners are identified so that certain prisoners in that class or those classes may be required to submit to a prescribed procedure for the purpose of detecting whether or not the prisoners have used drugs, consumed alcohol, or both; and

(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 means as soon as is reasonable in all the circumstances

registered health professional means a health practitioner who is, or is deemed to be, registered with an authority established or continued by the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession

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

security contract means a contract entered into with the chief executive under section 166

security contractor means a person who is a party to a security contract under which that person is to provide escort services or courtroom custodial services, or both

security monitor means any person appointed under section 172

security officer means any person appointed or engaged under section 17

self-harm, in relation to a prisoner, means harm inflicted by the prisoner on himself or herself

sentence of imprisonment has the same meaning as in section 4 of the Sentencing Act 2002

service prisoner means a service prisoner as defined in section 2(1) of the Armed Forces Discipline Act 1971

specified visitor means—

(a)

a person or class of persons approved by the chief 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 or staff member

(a)

means—

(i)

any officer of a prison; and

(ii)

any employee appointed or engaged to provide non-custodial services in respect of a prison or any prisoner detained in a prison; and

(b)

in relation to any particular prison, means—

(i)

any officer of that prison; and

(ii)

any employee appointed or engaged to provide non-custodial services in respect of that prison or any prisoner detained in that prison

statutory visitor means—

(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; or

(j)

a Justice of the Peace exercising the right conferred by section 162; or

(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

trust account means a trust account operated under section 46

unauthorised item means—

(a)

any article that could, while in the possession of any prisoner, be harmful to that prisoner or to any other person:

(b)

any drug, alcohol, or other intoxicating substance:

(ba)

tobacco:

(bb)

any equipment used for smoking tobacco or any other substance:

(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, or section 144:

(fa)

any thing or substance that could be used to tamper with or dilute or contaminate any sample that a prisoner is required to supply in accordance with a prescribed procedure under section 124:

(g)

any offensive weapon within the meaning of section 202A of the Crimes Act 1961:

(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 means—

(a)

a District Court Judge; or

(b)

a person appointed under section 19(2) to be a Visiting Justice

visitor

(a)

means a person (other than a staff member, a security officer, or another prisoner) who visits a prison; and

(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.

Compare: 1954 No 51 s 2; SR 2000/81 r 3

Section 3(1): amended, on 15 December 2005, by section 3 of the Corrections Amendment Act 2005 (2005 No 97).

Section 3(1) attendance for judicial purposes paragraph (f): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

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

Section 3(1) authorised property: replaced, on 4 June 2013, by section 4(1) of the Corrections Amendment Act 2013 (2013 No 5).

Section 3(1) authorised property: amended, on 17 December 2016, by section 28(1) of the Statutes Amendment Act 2016 (2016 No 104).

Section 3(1) biometric information: inserted, on 22 August 2017, by section 15 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42).

Section 3(1) contract prison: amended, on 8 December 2009, by section 8(1) of the Corrections (Contract Management of Prisons) Amendment Act 2009 (2009 No 59).

Section 3(1) contractor: amended, on 8 December 2009, by section 8(1) of the Corrections (Contract Management of Prisons) Amendment Act 2009 (2009 No 59).

Section 3(1) electronic communication device: inserted, on 3 April 2009, by section 4(1) of the Corrections Amendment Act 2009 (2009 No 3).

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

Section 3(1) escort duty paragraph (a)(iii): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

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

Section 3(1) health centre manager: inserted, on 4 June 2013, by section 4(5) of the Corrections Amendment Act 2013 (2013 No 5).

Section 3(1) Independent Police Conduct Authority: inserted, on 29 November 2007, by section 26 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Section 3(1) legal adviser paragraph (a): replaced, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

Section 3(1) legal adviser paragraph (b): amended, on 1 July 2009, by section 87 of the Court Martial Act 2007 (2007 No 101).

Section 3(1) monitor: amended, on 8 December 2009, by section 8(1) of the Corrections (Contract Management of Prisons) Amendment Act 2009 (2009 No 59).

Section 3(1) nurse: inserted, on 4 June 2013, by section 4(5) of the Corrections Amendment Act 2013 (2013 No 5).

Section 3(1) offender paragraph (c)(ii): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

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

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

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

Section 3(1) official agency paragraph (da): inserted, on 28 September 2017, by section 251 of the Intelligence and Security Act 2017 (2017 No 10).

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

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

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

Section 3(1) person under control or supervision: replaced, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Section 3(1) person under control or supervision paragraph (d): repealed, on 17 December 2016, by section 28(2) of the Statutes Amendment Act 2016 (2016 No 104).

Section 3(1) Police Complaints Authority: repealed, on 29 November 2007, by section 26 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Section 3(1) prison management contract: inserted, on 8 December 2009, by section 4 of the Corrections (Contract Management of Prisons) Amendment Act 2009 (2009 No 59).

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

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

Section 3(1) unauthorised item paragraph (ba): inserted, on 5 March 2013, by section 4(2) of the Corrections Amendment Act 2013 (2013 No 5).

Section 3(1) unauthorised item paragraph (bb): inserted, on 5 March 2013, by section 4(2) of the Corrections Amendment Act 2013 (2013 No 5).

Section 3(1) unauthorised item paragraph (c): replaced, on 3 April 2009, by section 4(6) of the Corrections Amendment Act 2009 (2009 No 3).

Section 3(1) unauthorised item paragraph (f): amended, on 5 March 2013, by section 4(3) of the Corrections Amendment Act 2013 (2013 No 5).

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

Section 3(1) unauthorised item paragraph (fa): amended, on 4 June 2013, by section 4(4) of the Corrections Amendment Act 2013 (2013 No 5).