199 Requirements of prison management contracts

(1)

Every prison management contract must provide for—

(a)

objectives and performance standards for the contractor in relation to the management of the prison that are no lower than the standards applicable to prisons managed by the department; and

(b)

objectives and performance standards for the contractor in relation to the management and care of prisoners in the prison that are no lower than the standards applicable to prisoners in prisons managed by the department; and

(c)

the appointment or engagement by the contractor of—

(i)

a suitable person as manager of the prison, which appointment or engagement must be subject to approval by the chief executive; and

(ii)

sufficient suitable staff members to enable the contractor to carry out the contractor’s statutory and contractual obligations in relation to the prison; and

(d)

the training to be provided, at the expense of the contractor, to staff members of the prison, which training must be—

(i)

to the standard appropriate for the particular position; and

(ii)

to a standard no lower than the standard of training received by staff members of prisons managed by the department; and

(e)

the co-ordination of services and processes of the prison with those of prisons managed by the department and by other contractors, including any co-ordination necessary for the operation of any systems established to implement the requirements of sections 47 and 48; and

(f)

the arranging and maintenance by the contractor of adequate insurance against the contractor’s liability for any claims arising out of, or in connection with, the contract; and

(g)

the avoidance of conflicts of interest that might arise in relation to the exercise or performance, by the contractor or any staff member of the prison, of any power, duty, or function conferred or imposed by or under the contract, or by or under this Act or any regulations made under this Act; and

(h)

the provision by the contractor of programmes designed—

(i)

to ascertain and address the causes of prisoners’ offending; and

(ii)

to assist the reintegration of prisoners into society; and

(i)

the respective obligations (including financial obligations) of the parties to the contract in relation to any voluntary organisations that undertake work in the prison; and

(j)

the management of the prison pending the resolution of any dispute between the chief executive and the contractor in relation to the prison; and

(k)

the termination of the contract for breach of contract; and

(l)

the obligations of the contractor, in the event of the termination or expiry of the contract, to co-operate with the chief executive and to comply with any instructions issued by the chief executive in order to ensure the orderly and efficient transfer of the management of the prison.

(2)

Every prison management contract must impose on the contractor, in relation to the management of the prison, a duty to comply with—

(a)

the requirements of this Act, of any regulations made under this Act, and of any instructions or guidelines issued by the chief executive under section 196, in so far as those requirements are applicable to contract prisons; and

(b)

the requirements of the New Zealand Bill of Rights Act 1990, as if the prison were a prison managed by the department; and

(c)

the requirements of the Public Records Act 2005, as if records relating to the prison and to prisoners in the prison were records created or received by the department; and

(d)

all relevant international obligations and standards; and

(e)

the requirements of sections 73 and 74(2) of the Public Service Act 2020 (which relate to good employer and equal employment policies), as if the contractor were the chief executive of a department within the meaning of that Act and as if those requirements applied, not only in respect of employees of a contractor, but in respect of all staff members of a contract prison.

(3)

A prison management contract may contain other provisions, as agreed between the chief executive and the contractor, that are not inconsistent with—

(a)

this Act; or

(b)

any regulations made under this Act; or

(c)

any instructions or guidelines issued by the chief executive under section 196 that are or will be applicable to the prison.

Compare: 1954 No 51 s 4B

Section 199: replaced, on 8 December 2009, by section 5 of the Corrections (Contract Management of Prisons) Amendment Act 2009 (2009 No 59).

Section 199(2)(e): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).