Public Safety (Public Protection Orders) Act 2014

  • This version was replaced on 25 September 2017 to make a correction to section 95C(1)(c) under section 25(1)(j)(iii) of the Legislation Act 2012.

Reprint as at 15 May 2017

Coat of Arms of New Zealand

Public Safety (Public Protection Orders) Act 2014

Public Act
 
2014 No 68
Date of assent
 
11 December 2014
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
4Objective of Act
5Principles
6Act binds the Crown
7Threshold for imposition of public protection order
8Chief executive may apply for public protection order
9Reports by health assessors
10Right to independent expert assessment
11Issue of summons to attend hearing
12Assessment whether respondent mentally disordered or intellectually disabled
13Court may make public protection order
14Notification of victims
15Review of public protection order by review panel
16Application by chief executive for review of public protection order
17Application for review by person subject to public protection order
18Review of public protection order
19Review of management plan
20Detention of residents
21Legal custody of residents
22Residents must obey lawful directions
23Residents may not possess prohibited items
24Transfers between residences
25Information to be given to residents about transfers
26Leave
27Rights of residents
28Earnings from work
29Right to legal advice
30Right to vote
31Recreational and cultural activities
32Right to receive and send written communications
33Access to media
34Visitors and oral communications with people outside residence
35Right to medical treatment
36Right to rehabilitative treatment
37Right to information
38Respect for cultural identity
39Right to benefits
40Receipts for residents to be paid into trust accounts
41Needs assessment
42Management plans
43Management plan may bar communications between resident and specified persons
44Reviews and variations of management plan
45Checking and withholding of written communications in certain cases
46Written communications not to be withheld if sent by or to certain persons
47Delivery of items must be approved
48Items intended for, or intended to be sent by, resident may be inspected
49Procedure where written communication or item withheld or not sent
50Interpretation
51Purposes of monitoring resident calls
52Resident calls that may be monitored
53Certain resident calls must not be monitored
54Only certain persons may monitor resident calls
55Warnings
56Authorised disclosure of information
57Restrictions on disclosure of information
58Application of Privacy Act 1993
59Destruction of recordings
60Notice to be given of intention to produce evidence of recording
61Privileged evidence
62Visits from, or oral communication with, certain persons may be excluded
63Search of residents and residence
64Search of persons other than residents
65Authority to search property
66Use of dogs for searching
67Taking and inspecting items appearing to be prohibited
68Resident may be required to submit to drug or alcohol test
69Resident must be informed of results of test
70Restrictions on use of result of test
71Seclusion
72Restraint of residents
73Escort of persons subject to detention orders
74Responses to security emergencies
75Assumption of control by manager of prison during civil defence emergency
76Relocation of residents to prison where residence becomes uninhabitable
77Transitional detention warrants
78Visits by inspectors
79Inspectors’ access to persons and documents
80Complaints about breaches of rights
81Investigation by inspectors
82Resident to be informed of outcome of investigation
83Inquiries by inspector
84Duty of manager to correct deficiencies
85Order for detention in prison
86Rights and obligations of person subject to prison detention order
87Review of prison detention orders by review panel
88Application by chief executive for review of prison detention order
89Application for cancellation by person subject to prison detention order
90Court must be provided with relevant reports on person subject to prison detention order
91Cancellation of prison detention order
92Consequence of cancellation of prison detention order
92AInterpretation
93Replacement of public protection order with protective supervision order
94Requirements may be included in protective supervision order
95Notification of requirements
95AImposition, and effect, of drug or alcohol requirement
95BPerson with drug or alcohol requirement may be directed to undergo testing or submit to continuous monitoring
95CHow notice of direction to undergo testing or to submit to continuous monitoring may be given
95DWhere prescribed testing procedure may be carried out
95EInformation obtained from drug and alcohol testing or monitoring
96Court may vary requirements of protective supervision order
97Review panel may modify requirements to render them less restrictive
98Notification of changes
99Application by chief executive for review of protective supervision order
100Application for review by person subject to protective supervision order
101Review of protective supervision order
102Cancellation of protective supervision order
103Offence to breach protective supervision order
103AOffences related to drug or alcohol requirements
103BOffence to refuse authorised person entry to residential address
103CRules about testing and monitoring of persons with drug or alcohol requirements
103DFurther provisions concerning rules made under section 103C
103EAvailability of rules made under section 103C and status under Legislation Act 2012
104Applications to be made by originating application
105Service of applications
106Respondent who fails to appear may be brought to court
107Court may order interim detention of, or interim imposition of conditions on, respondent
108Evidence in proceedings under this Act
109Court may determine whether hearings are held in open or closed court
110Court may suppress evidence and submissions
111Suspension of proceedings in certain cases
112Reports to be provided to review panel
113Interview of person
114Establishment of residences
115Appointment of residence manager
116Powers and functions of residence managers
117Manager of residence may delegate powers and functions
118Status of delegations
119Manager may make rules for residence
120Chief executive may provide guidelines or instructions
121Matters to be included in annual report of department
122Establishment and constitution of review panel
123Meetings of review panel
124Term of appointment, and reappointment
125Remuneration and expenses of members
126Immunity of members
127Inspectors
128Right of specified office holders to visit residences
129Crimes of Torture Act 1989 not limited
130Management of residences under contract
131Requirements of residence management contracts
132Delegation of powers and functions of contractor
133Liability of contractor
134Control of contract residence in emergency
135Residence management contracts to be presented to House of Representatives
136Release of resident information to and by contract residences
137Regulations
138Sentence of preventive detention not affected by this Act
139Suspension of orders in certain cases
140Claims by persons subject to orders under this Act not affected by Prisoners’ and Victims’ Claims Act 2005
141Amendment to Crimes Act 1961
142Amendment to Legal Services Act 2011
143Amendments to Privacy Act 1993
144Consequential amendments
Reprint notes

The Parliament of New Zealand enacts as follows: