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 and the principles set out in 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 subject to community-based sentences or sentences of home detention or conditions imposed under the Parole Act 2002 or Sentencing Act 2002, during periods while, in the presence of any employee of the department, those offenders carry out their sentences or undergo any supervision forming part of the conditions to which they are subject:

(d)

exercising the powers conferred by section 62 (which relates to the temporary release or removal of prisoners):

(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).

Compare: 1954 No 51 s 3

Section 8(1)(c): replaced, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Section 8(1)(c): amended, on 17 December 2016, by section 29 of the Statutes Amendment Act 2016 (2016 No 104).