Corrections Regulations 2005

Reprint as at 17 September 2017

Coat of Arms of New Zealand

Corrections Regulations 2005

(SR 2005/53)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 7th day of March 2005

Present:
Her Excellency the Governor-General in Council

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.

These regulations are administered by the Department of Corrections.

Pursuant to section 200 of the Corrections Act 2004, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Contents

1Title
2Commencement
3Interpretation
4Application
5Compliance with regulations
6General duties of prison managers
7Duty of prison manager to report to chief executive
8Reporting of deaths, serious illnesses and injuries, and transfers of prisoners
9Reporting to prisoners of deaths and serious illnesses and injuries
10General duties of security officers and staff members
11Duty of controlling officer to report to chief executive
12General duties of probation officers
13Officers to obey lawful orders
14Security officers and staff members not to receive money, gratuities, etc
15Probation officers not to receive money, gratuities, etc
16Visiting of security officers or staff members or probation officers
17Officers to notify certain people if conflict of interest
18Probation officers to notify certain people of conflict of interest
19Requirements for staff members and security officers when entering prisons
20Reception and discharge times
21Prisoner register
22Procedure when prisoner released from prison
23Control of prisoners
24Rules to be observed when escorting prisoners
25Prisoners escorted to appeal proceedings
26Classes of prisoners who may be temporarily released under section 62
27Purposes for which eligible prisoners may be temporarily released under section 62 [Revoked]
28Classes of prisoners who may be temporarily removed under section 62
29Purposes for which eligible prisoners may be temporarily released or temporarily removed under section 62
30Property register
31Transfer and issue of items [Revoked]
32Property on reception
32ATobacco and equipment used for smoking tobacco declared to be unauthorised items [Revoked]
33Authorised property to be withheld from prisoners in certain circumstances
34Property after reception
35Property may be stored or removed
36Access to and inspection of stored property
37Property retained as evidence
38Return of property
39Transfer of property to another prison or place
40Unclaimed property
41Trust accounts in respect of prisoners
42Trust account deposits and withdrawals
43Prison earnings
44Principles of security classification
45Assessment of risk
46When security classification is assigned
47When initial security classification to be completed
48Assessment of risk when security classification reviewed
49When review of security classification is completed
50Exemption from section 47(3)(b) review requirement
51Reconsideration of security classification
52Duties of persons undertaking assignment, review, or reconsideration of security classification
52AApplication
52BInterpretation
52CPurpose of prisoner placement system
52DChief executive may designate prisons for prisoner placement system
52EMinimum entitlements and provisions of Act relating to segregation not affected
52FInitial placement
52GPrisoner to be managed according to unit attributes
52HPrisoner must be informed of matters relating to placement
52IReview of prisoner’s placement
52JCriteria for review
52KWhen placement is assigned
52LPrisoner may seek reasons for and reconsideration of placement
52MReconsideration of placement
52NDuties of persons undertaking placement assessment, or review or reconsideration of placement
53Application
54Chief executive to be notified of cells
55Health centre manager to be notified of certain segregation directions
56Visits to prisoner
57Mandatory items, features, and standards for segregation accommodation
58Additional segregation facilities in corrections prisons
59Additional segregation facilities for certain segregated prisoners
60Cells for prisoners at risk of self-harm
61Cells for the assessment of prisoners’ mental health
62Treatment of segregated prisoners
63Prisoners at risk of self-harm
64Prisoners suspected of concealing unauthorised items
65Accommodation of male and female prisoners
65AInterpretation
65BPrisoner may apply for review of determination as to sex
65CReview of determination as to sex
65DFurther review where birth certificate inconclusive
65EExpiry of determination
66Individual cells
67Facilities for cells and self-care units
68Clothing
69Cleanliness
70Physical appearance of prisoners detained in prison
71Prison to have health centre
72Duties of chief executive
73Duties of health centre manager
74Chief executive to arrange for temporary replacement in certain cases
75Medical officer may arrange for additional medical assistance
76Certain prisoners at risk or seriously ill
77Medical officer or health centre manager may refer prisoner to health service provider
78Inspections by medical officers
79Registered health professional, medical officer, or nurse may make recommendations
80Health centre managers and chief executive must notify medical officers in certain cases
81Dental services
82All prisoner mail to be directed through manager
83Writing materials and postage
84Copying of correspondence
85Incoming telephone calls
86Access to telephones generally
87Telephone charges
88Permission to visit or view prison
89Visits by statutory visitors
90Statutory visitors not to receive money, gratuities, etc
91Specified visitors approved by manager
92Specified visitors approved by chief executive
93Specified visitor approvals
94Visits by specified visitors
95Specified visitors not to receive money, gratuities, etc
96Access of inspectors
97Orders of inspectors
98Purpose of visits
99Private visitors to be approved before visit
100Prisons to have pre-approval system for private visitors
101Denying approval of visitor or approving visitor subject to conditions or restrictions
102Private visitors carrying medication
103Regulations and rules relating to visits to be available to prisoners and visitors
104Manager to determine visiting times
105Visits to be within visiting times
106Visitor under 18 years must be accompanied by adult
106AVisitors may be asked to provide information
106BAdditional information that may be required if visitor is under 18 years
107Enforcement officer may visit prisoner
108Restrictions on interviews and recordings
109Approvals
110Requirements when entering prisons
111Information about searching
112Visits to prisoners must be supervised
113Visits not to be recorded without necessary approvals
113AProcedure if non-statutory visitor denied approval or conditions imposed
114Exclusion of non-statutory visitors from prisons
115Procedure if non-statutory visitor excluded from prison
116Prohibition orders
117Prisoners under control of officer, staff member, or probation officer
118Use of force
119Conditions attached to use of physical hold
120Meaning of baton
120AMeaning of pepper spray [Revoked]
121Restrictions on carrying batons
122Issue and storage of batons
123Use of batons
123AMeaning of pepper spray
123BIssue of pepper spray
123CDrawing and use of pepper spray
123DKeeping pepper spray secure
124Use of mechanical restraints
125Additional circumstances for use of handcuffs and waist restraints
126Extension of 24-hour period [Revoked]
127Reporting use of mechanical restraint
128Reporting use of force or non-lethal weapon
129Minimum requirements
130Urine sample may be required
131Sample to be collected at reasonable time
132Identifying prisoners
133Information to be given to prisoner before sample provided
134Privacy and supervision
135Requirements in relation to provision of sample
136Urine sample collection kit
137Inspection of equipment by prisoners
138Procedure if sample not provided immediately
139Procedure immediately after provision of sample
140Chain of evidence for urine sample
141Certificate showing result of analysis
142Copy of certificate containing result of sample analysis to be given to prisoner and others
143Requirements before result of sample analysis can be used in proceedings
143AHair samples may be required
143BWhen hair samples may be taken
143CHair samples to be taken at reasonable time
143DIdentifying prisoners
143EInformation to be given to prisoner before hair samples taken
143FTaking of hair samples
143GHair sample collection kit
143HInspection of equipment by prisoner
143IProcedure immediately after hair samples taken
143JChain of evidence for hair samples
143KCertificate showing result of analysis
143LCopy of certificate containing result of sample analysis to be given to prisoner and others
143MRequirements before result of sample analysis can be used in proceedings
144General random testing programme
145Temporary release and removal programme
146Identified drug user (IDU) programme
147Requirements for random testing programmes
148Random selection methodology
149Record of drug and alcohol testing to be kept
150Maintenance of discipline
151Prisoners not to exercise disciplinary powers
152Disciplinary proceedings
153Role of security officers in disciplinary proceedings
154Manager to notify chief executive of certain cells
155Notification of prisoner’s cell confinement
156Daily visits to prisoner under cell confinement
157Cells used for cell confinement
158Privileges
159Information to be provided to persons under control or supervision
160Complaints to manager of prison and controlling officer of community work centre or probation office to be in writing
161Reasonable assistance to be provided
162Complainant to be notified orally and in writing
163Frivolous or vexatious complaints
164Nature of complaint need not be disclosed
165Complainants to be regularly informed of progress
166Complaints system at each prison, community work centre, and probation office to be auditable
167Procedure where inspector wishes to interview prisoners
168Internal complaints system for Police jails
169Effect of Part 13
170Approval for placement of baby with mother [Revoked]
171Extension of baby’s placement with mother [Revoked]
172Accommodation of baby with mother [Revoked]
173Parenting agreement for placement with mother [Revoked]
174Placement of child does not affect legal rights
175Approval for daily visits from child
176Parenting agreement for daily visits from child
177Facilities for feeding and bonding with child
178Extension of baby’s daily visits [Revoked]
179Young and adult prisoners to be kept apart
179AYoung and adult prisoners not to be transported in same vehicle compartment
180Chief executive may approve mixing of young and adult prisoners
181Telephone calls
182Visiting times for young prisoners
183Prison to contact nominated person
184Immigration Act 2009 detainees subject to same regime as accused prisoners
185Treatment of accused prisoners
186Separation of accused prisoners
187Visiting times for accused prisoners
188Physical appearance of prisoners awaiting trial
189Prisoners detained for non-payment of money
[Revoked]
190Accommodation of transgender prisoners who have completed gender reassignment surgery [Revoked]
191Request for information
192Transfers and temporary removals of service prisoners
193Assistance with proceedings
194Service of documents
195Fees for Visiting Justices who are not District Court Judges
196No legitimate expectation as to conditions, etc
197Schedules
[Revoked]
Gazette Information
Reprint notes