Corrections Amendment Regulations 2012

2012/310

Coat of Arms of New Zealand

Corrections Amendment Regulations 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 1st day of October 2012

Present:
His Excellency the Governor-General in Council

Pursuant to sections 3, 200, and 201 of the Corrections Act 2004, His Excellency the Governor-General makes the following regulations—

  • (a) on the advice and with the consent of the Executive Council; and

  • (b) on the advice of the Minister of Corrections that, in accordance with section 85(3) of that Act, the Minister is satisfied that—

    • (i) the use of batons or pepper spray in accordance with these regulations is compatible with the humane treatment of prisoners; and

    • (ii) the potential benefits from the use of batons or pepper spray in accordance with these regulations outweigh the potential risks.

Regulations

1 Title
  • These regulations are the Corrections Amendment Regulations 2012.

2 Commencement
  • These regulations come into force on 2 November 2012.

3 Principal regulations
4 New regulation 32A inserted (Tobacco and equipment used for smoking tobacco declared to be unauthorised items)
  • After regulation 32, insert:

    32A Tobacco and equipment used for smoking tobacco declared to be unauthorised items
    • Tobacco and any equipment used for smoking tobacco are declared to be unauthorised items.

5 Regulations 121 to 123 replaced
  • Replace regulations 121 to 123 with:

    121 Restrictions on carrying batons
    • (1) A security officer must not carry a baton while performing his or her duty as a security officer in any circumstance.

      (2) A staff member of a prison must not carry a baton outside a prison while performing his or her functions as a staff member in any circumstance.

      (3) A staff member of a prison may carry a baton only if—

      • (a) the baton was issued at the direction of the manager; and

      • (b) the staff member has received adequate training in the use of the baton.

      (4) Staff members trained to use batons must undergo refresher courses, approved by the chief executive, in the use of batons at least once a year.

    122 Issue and storage of batons
    • (1) The manager must ensure that batons are securely stored at all times except when they have been issued to staff members.

      (2) The manager may direct the issuing of batons to staff members only if he or she reasonably believes that—

      • (a) there is a serious threat to prison security or to the safety of any person; and

      • (b) the use of batons will reduce or eliminate the serious threat; and

      • (c) other means of reducing or eliminating the serious threat have been or are likely to be ineffective.

      (3) The manager must promptly direct that batons be returned to storage once the serious threat no longer exists.

    123 Use of batons
    • (1) A staff member who has been issued a baton may draw or use the baton only if the manager's approval has been obtained, unless it is impracticable in the circumstances.

      (2) A staff member must use the baton in a way that minimises pain or injury to the prisoner, as far as it is consistent with protecting prison security or the safety of any person.

    123A Restrictions on carrying pepper spray
    • (1) A security officer, or a staff member who is not an officer, must not carry pepper spray while performing his or her functions in any circumstance.

      (2) An officer must not carry pepper spray outside a prison while performing his or her functions as a staff member in any circumstance.

      (3) An officer may carry pepper spray only if—

      • (a) the officer has received adequate training in the use of pepper spray; and

      • (b) the pepper spray was issued at the direction of—

        • (i) the manager; or

        • (ii) another officer who has received adequate training in the use of pepper spray, if it is impracticable for the manager to direct the issue of the pepper spray.

      (4) Officers trained to use pepper spray must undergo refresher courses, approved by the chief executive, in the use of pepper spray at least once a year.

    123B Issue and storage of pepper spray
    • (1) The manager must ensure that pepper spray is securely stored at all times except when it has been issued to officers.

      (2) The manager, or officer, as the case may be, may direct the issue of pepper spray to officers only if he or she reasonably believes that it is, or will be, necessary to use force against a prisoner.

    123C Use of pepper spray
    • (1) An officer who has been issued pepper spray may draw or use the pepper spray if he or she has reasonable grounds for believing that the use of physical force is reasonably necessary for any of the purposes in section 83(1) of the Act.

      (2) An officer must use pepper spray in a way that minimises pain or injury to the prisoner, as far as it is consistent with protecting prison security or the safety of any person.

      (3) The manager or officer who directs the issue of pepper spray must promptly direct that the pepper spray be returned to storage once he or she reasonably believes that it is no longer necessary to use force against a prisoner.

6 Regulation 158 amended (Privileges)

Michael Webster,   
for Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 2 November 2012, amend the Corrections Regulations 2005 by—

  • declaring tobacco and equipment used for smoking tobacco to be unauthorised items; and

  • replacing regulations 121 to 123 so that they no longer refer to pepper spray; and

  • inserting new regulations 123A to 123C to—

    • allow pepper spray to be issued and approved for use by a trained Corrections officer, if it is impracticable for the prison manager to issue the pepper spray; and

    • authorise an officer who has been issued with pepper spray to use it if he or she has reasonable grounds for believing that the use of force is reasonably necessary for any of the purposes in section 83(1) of the Corrections Act 2004; and

  • removing a reference to tobacco in a list of items that a prisoner may purchase, as this is inconsistent with tobacco being an unauthorised item.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 4 October 2012.

These regulations are administered by the Department of Corrections.