Corrections Amendment Act 2011

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Corrections Amendment Act 2011

Public Act2011 No 84
Date of assent17 October 2011
Commencementsee section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Department of Corrections.


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Corrections Amendment Act 2011.

2 Commencement
  • This Act comes into force on the day that is 2 years after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Governor-General by Order in Council.

    Section 2: this Act brought into force, on 1 July 2013, by the Corrections Amendment Act 2011 Commencement Order 2013 (SR 2013/159).

3 Principal Act amended
4 New section 34A inserted
  • The following section is inserted after section 34:

    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 Children, Young Persons, and their Families Act 1989 and the chief executive; and

      • (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, and regulations made under those Acts, continue to apply, with any necessary modifications, to a child or young person who is detained for the time being in a residence in accordance with subsection (1).

      (3) For the purposes of this section, the terms child, young person, and residence have the same meanings as they have in the Children, Young Persons, and Their Families Act 1989.

      Compare: 1985 No 120 s 142A.

5 New section 190A inserted
  • The following section is inserted after section 190:

    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.

      Compare: 1985 No 120 s 147.

6 Further amendments to principal Act
  • The principal Act is amended as set out in the Schedule.


Schedule
Amendments to principal Act

s 6

Section 19(7)(e)

Omit Part 7 of the Summary Proceedings Act 1957 and substitute Sections 4A to 4F of the Justices of the Peace Act 1957.

Section 65(1)(a)

Omit , summary hearing,.

Section 141(1B) and (1C)

Omit summary.

Section 141A(2)

Omit summary.

Section 142

Omit summary.

Section 143

Subsection (2A): omit summary.

Subsection (2B): insert on conviction after liable.

Section 144(2)

Omit summary.

Section 145

Omit summary.

Section 146

Omit summary.

Section 147

Omit summary.

Section 148(4)

Omit summary.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Corrections Amendment Act 2011. The reprint incorporates all the amendments to the Act as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)