In this Act, unless the context otherwise requires,—

The objective of this Act is to protect members of the public from the almost certain harm that would be inflicted by the commission of serious sexual or violent offences.

It is not an objective of this Act to punish persons against whom orders are made under this Act.

Every person or court exercising a power under this Act must have regard to the following principles:

This Act binds the Crown.

A person aged 18 years or older meets the threshold for the imposition of a public protection order if—

For the purposes of this Act, a person meets the threshold for a public protection order if the person meets the threshold at the time that the chief executive applies for that order against the person.

In this section, extended supervision order means an order imposed, whether before, on, or after the commencement of this section, under section 107I of the Parole Act 2002 on a person who was an eligible offender (within the meaning of section 107C(1) of that Act) because the person had been sentenced to imprisonment for a relevant offence (within the meaning of that section) that is also a serious sexual or violent offence (within the meaning of section 3).

The chief executive may apply to the court for a public protection order against a person who meets the threshold for such an order on the ground that there is a very high risk of imminent serious sexual or violent offending by the person.

As soon as practicable after an application is made under subsection (1), the chief executive must advise every victim of the respondent that the application has been made.

The application under section 8 must be accompanied by at least 2 reports that—

The court may, on its own initiative, direct a health assessor selected by the court to assess the respondent.

The respondent may request a health assessor selected by the respondent to assess the respondent.

A health assessor who assesses a respondent in accordance with a direction or request under this section must prepare a report that addresses the questions stated in section 9(b).

The report may also comment on the reports of health assessors that the chief executive has served on the respondent.

Where the respondent has been granted legal aid for responding to the application for the public protection order, the fees and expenses of preparing the assessment report under this section must be met out of the grant of legal aid.

Where the court directs a health assessor under this section in a case where the respondent has not been granted legal aid, the fees and expenses of preparing the assessment report must be met out of public money appropriated by Parliament for the purpose.

A Judge or the Registrar of the High Court may from time to time issue a summons requiring the respondent to an application for a public protection order to attend at a specified date and time for the hearing of the application.

This section applies where a court is satisfied that it could make a public protection order against a respondent and it appears to the court that the respondent may be mentally disordered or intellectually disabled.

The court may, instead of making a public protection order, direct the chief executive to consider the appropriateness of an application in respect of the respondent under section 45 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or under section 29 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

Where the court gives a direction under subsection (2), the court must, if the respondent is not then detained under section 107, order the interim detention of the respondent under that section.

For the purposes of any application under section 45 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or under section 29 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 made as a result of the consideration directed under subsection (2) and for any determination arising out of such an application, the respondent is taken to be detained in a prison under an order of committal.

After considering all of the evidence offered in a proceeding on an application for a public protection order, and, in particular, the evidence given by 2 or more health assessors, including at least 1 registered psychologist, the court may make a public protection order against the respondent if the court is satisfied, on the balance of probabilities, that—

The court may not make a finding of the kind described in subsection (1)(b) unless satisfied that the respondent exhibits a severe disturbance in behavioural functioning established by evidence to a high level of each of the following characteristics:

As soon as practicable after an application for a public protection order is determined or suspended, the chief executive must advise every victim of the respondent of the outcome of the application.

During the currency of a public protection order, the review panel must review the continuing justification of the order—

If the review panel considers that there may no longer be a very high risk of imminent serious sexual or violent offending by the person subject to the public protection order, the review panel may direct the chief executive to apply to the court for a review of the order under section 16.

Where, in the case of a resident, the review panel does not give a direction under subsection (2), the review panel—

During the currency of a public protection order, the chief executive must apply to the court for a review of the continuing justification of the order—

Despite subsection (1)(c), the court may direct that the chief executive apply for any subsequent reviews at intervals of not more than 10 years.

For the purpose of calculating any period specified in subsection (1) or (2), if the court grants leave for an application under section 17, the period is suspended until the application is determined or withdrawn.

As soon as practicable after an application is made under subsection (1), the chief executive must advise every victim of the person subject to the public protection order that the application has been made.

A person who is subject to a public protection order may, with the leave of the court, apply to the court for a review of the order.

As soon as practicable after an application is made under subsection (1), the chief executive must advise every victim of the person subject to the public protection order that the application has been made.

On a review of a public protection order, the court must be provided with all reports provided to the review panel and may call for any further or supplementary reports from any person, including, without limitation, from—

The court must consider whether there still is a very high risk of imminent serious sexual or violent offending by the person subject to the public protection order.

In its consideration under subsection (2), the court must take into account whether the reports provided to the court indicate that the person continues to exhibit a severe disturbance in behavioural functioning of the kind described in section 13(2).

If, following its consideration under subsection (2), the court is satisfied, on the balance of probabilities, that there no longer is a very high risk of imminent serious sexual or violent offending by the person subject to the public protection order, the court must make a finding to that effect.

The chief executive must advise every victim of the person subject to the public protection order of the outcome of the review.

If, on a review of a public protection order relating to a resident, the court does not make a finding under section 18(4), the court—

A resident must stay in the residence that the chief executive designates by written notice given to the resident and to the manager of that residence.

The chief executive has the legal custody of every resident.

Legal custody under subsection (1) of a resident commences as soon as a Judge pronounces an interim detention order or a public protection order and continues while the resident—

A resident must comply with every lawful direction given to him or her by—

A resident may not possess a prohibited item.

If the residence manager is satisfied that an item found in, or sent or delivered to, the residence, or found in the course of a search under section 63 or 64, is a prohibited item, the manager must take possession of, and retain, the item.

The residence manager may deal with any item taken and retained under subsection (2) as the manager considers appropriate, including by—

This section does not apply to any item that is in the possession of, or that is delivered to, a resident who is permitted to possess the item in accordance with a permission given under rules made under section 119.

A resident may be transferred, on the direction of the chief executive given after considering the advice of the manager of the residence and any other advice the chief executive considers appropriate, from a residence to any other residence for 1 or more of the following reasons:

A resident must, at least 7 days before a proposed transfer, be informed of the location of the new residence to which the resident is to be transferred, and the reasons for the proposed transfer.

Subsection (1) does not apply if—

If the resident has been transferred to a new residence without having been informed of the reasons beforehand, the resident must be informed of those reasons as soon as practicable after he or she is transferred to the new residence.

The resident may, not later than 1 month after he or she is transferred to a new residence, request the chief executive in writing to review the decision to transfer the resident.

On receiving a request under subsection (4), the chief executive must review the decision to transfer the resident and inform the resident of the outcome of the review.

The chief executive may grant a resident leave of absence from the residence in which he or she is detained for a specified time for any of the following purposes:

In deciding whether to grant leave under subsection (1)(d) and (e), the chief executive must have regard to—

During the resident’s absence from the residence, the resident must be escorted and supervised by a person who has been directed to do so under section 73(1).

A resident has the rights of a person of full capacity who is not subject to a public protection order except to the extent that those rights are limited by—

Without limiting the generality of subsection (1), the rights of a resident include the rights set out in sections 28 to 40.

The manager may limit the rights of a resident to the extent reasonably necessary to prevent the resident from harming himself or herself or any other person or from disrupting the orderly functioning of the residence.

In making a decision that affects a resident, the manager must be guided by the following principles:

Residents must be given the opportunity to provide input into the making of rules for the residence and into the running of the residence for the purpose of the orderly functioning of the residence and the creation and maintenance of a residence community.

A resident who is able to earn money by working in the residence or in a prison, whether in a self-employed capacity or as an employee or a contractor, may perform that work—

A resident to whom subsection (1) applies may retain any money earned from that work, subject to section 40.

A resident is entitled to obtain legal advice on his or her status as a resident and on any other relevant legal question.

A residence manager must, so far as is reasonably practicable and consistent with the safety and security of the residence,—

A resident may be registered as an elector in accordance with the Electoral Act 1993 and may vote, within the residence, at elections in accordance with that Act, the Local Electoral Act 2001, or any enactment under which a referendum is held.

A resident may participate in recreational, educational, and cultural activities within the residence.

Subject to section 45, every resident is entitled to be promptly given any written communications received for the resident and to the prompt dispatch of any written communications put out by the resident for posting.

A resident must be given access to news media (for example, newspapers, television, or radio) and, if Internet facilities are available in the residence, to Internet sites approved by the manager.

Subsection (1) does not entitle a resident to unsupervised access to the Internet or to the use of email.

A resident may, subject to any conditions or restrictions imposed by the residence manager, receive visits from persons who are for the time being permitted by the manager to visit the resident.

All visits to residents must be supervised unless the residence manager permits a particular visit to be unsupervised in order to meet the resident’s rehabilitative needs.

Subsection (2) does not apply to a visit to a resident by an inspector, or a specified office holder within the meaning of section 128(4), or a lawyer of the resident.

A resident must be allowed access to a telephone or other electronic communication device to communicate with persons with whom such communications are permitted by the manager.

Subsection (4) is subject to sections 50 to 62.

A resident is entitled to medical treatment and other health care appropriate to his or her condition.

The standard of health care that is available to residents must be reasonably equivalent to the standard of health care available to the public.

The manager must ensure that—

A resident is entitled to receive rehabilitative treatment if the treatment has a reasonable prospect of reducing the risk to public safety posed by the resident.

A resident is entitled to be informed about rules, guidelines or instructions, entitlements, obligations, and decisions that affect the resident.

A resident is entitled to be dealt with in a manner that respects the resident’s cultural and ethnic identity, language, and religious or ethical beliefs.

A resident is not disentitled from obtaining a benefit (as defined in Schedule 2 of the Social Security Act 2018).

For the purpose of calculating the benefit, the resident is taken to be a patient in a hospital (within the meaning of, as the case requires, sections 206 and 207 and Schedule 2 of that Act, or section 19(1) of the New Zealand Superannuation and Retirement Income Act 2001) for more than 13 weeks.

All money earned by a resident or due to the resident as a benefit must be paid into a trust account operated by the residence manager for the resident.

Where any money that a resident earns from work is paid into the resident’s trust account, the manager must deduct from that money any amount required to be deducted under guidelines or instructions to offset the cost of the resident’s care.

Residents may have access to funds held on their behalf in the trust account to dispose of as they see fit, subject to any reasonable limitation imposed in accordance with this Act.

A resident must be paid all money held exclusively for that resident in a trust account when the resident is released from the residence under section 93.

If a resident dies while in legal custody, any money held for that resident in the trust account must be paid to the executor or administrator of the resident’s estate.

As soon as practicable after a resident first commences to stay in a residence, the manager of the residence must assess the needs of the resident in consultation with the resident.

The assessment must identify—

The assessment must have regard to the resident’s aspirations for his or her personal development, so far as those aspirations are compatible with his or her detention in the residence.

As soon as practicable after completion of the assessment under section 41, the manager must prepare a management plan for the resident.

The plan must be prepared in accordance with any relevant guidelines or instructions.

The plan must set out—

A provision in a resident’s management plan may state that the resident—

However, no provision in a resident’s management plan may bar the resident from communicating in writing with a person described in section 46(3).

The manager must review a resident’s management plan—

If, following a review under subsection (1), the manager proposes to make a change to the management plan, the manager must consult the resident about the proposed change.

Where the review has been requested under subsection (1)(c) on behalf of the resident by another person, the consultation under subsection (2) must also include that other person.

After taking into account any views expressed in the course of the consultation under subsection (2), the manager may change any matter in the management plan that was the subject of that consultation.

If there are reasonable grounds for believing that the receipt by, or the dispatch on behalf of, a resident of any written communication may contravene the resident’s management plan or may otherwise be detrimental to the interests and treatment of the resident or of other persons, the manager of the residence may direct that the communication be checked.

If, on checking a written communication under subsection (1), the manager considers that the receipt or dispatch of the communication contravenes the resident’s management plan or may otherwise be detrimental to the interests of the resident or of other persons, the manager may direct that the communication be withheld from the resident or not be dispatched, as the case requires.

Despite section 45, a written communication must not be checked or withheld from a resident if it is sent by, or on behalf of, any of the persons described in subsection (3).

Despite section 45, a written communication must be dispatched, without being checked, if it is addressed to any of the persons described in subsection (3).

The persons referred to in subsections (1) and (2) are—

An item may not be delivered to a residence for a resident unless the delivery is approved by the residence manager.

The residence manager may inspect any item that is—

The purpose of an inspection under subsection (1) is to ascertain whether—

If the manager is satisfied, under subsection (2), that an item inspected is a prohibited item (other than an item that the resident concerned is permitted to possess under rules made under section 119), the manager must deal with the item in accordance with section 23(2) and (3).

If the manager considers that subsection (2)(b) applies to the item, the manager may direct that the item be withheld from the resident or not be dispatched, as the case requires.

If, under section 45, the residence manager withholds from a resident a written communication or, under section 48(4), withholds an item from a resident, the communication or item must be dealt with as follows:

If the manager directs, under section 45 or 48(4), that a written communication or an item not be dispatched, the communication or the item must either be—

The manager must inform the resident that a written communication or an item has been withheld or has not been dispatched unless the manager is satisfied that to do so would be detrimental to the interests of the resident or of another person.

In this section and in sections 51 to 61, unless the context otherwise requires,—

The principal purpose of monitoring resident calls is to increase the safety of the community by making it easier to—

Monitoring resident calls also has the purpose of making it easier to—

Any resident call that is not an exempt call may be monitored under this Act.

An exempt call may be monitored under this Act if the person undertaking the monitoring does not have reasonable grounds to believe that it is an exempt call.

A person listening to a resident call or a recording of a resident call under this Act who forms the view that there are reasonable grounds to believe that it is an exempt call—

Subsection (2) is subject to subsection (3).

A resident call to which subsection (2) applies is exempt from monitoring under this Act.

This subsection applies to a resident call if, and only if, it is—

No person other than the chief executive or a person who is an eligible employee authorised by the chief executive to monitor resident calls (in subsection (2), and sections 56, 57, and 59 referred to as an authorised person) may monitor a resident call under this Act.

A person authorised to monitor resident calls under subsection (1) ceases to be an authorised person if—

A person to whom subsection (4) applies may listen to a resident call or a recording of a resident call, or read a transcript of a resident call, if doing so is necessary for, or incidental to any other action or process necessary for, the effective undertaking of the work concerned.

This subsection applies to a person who is undertaking, with the chief executive’s authority, work comprising the administration, installation, maintenance, repair, testing, or upgrading of a system—

Subsection (1) is subject to subsection (2) and to section 56(4) to (6).

The chief executive must take all practicable steps to ensure that,—

An authorised person may disclose a resident call for a purpose set out in section 51 as a purpose of monitoring resident calls.

An authorised person may disclose a resident call if the authorised person believes on reasonable grounds that the disclosure—

An authorised person may disclose a resident call to the resident concerned.

An authorised person who is listening to a resident call may allow any eligible employee to listen to the call for the purpose of interpreting it.

An authorised person may allow any eligible employee to listen to a recording of a resident for the purpose of providing a transcript, a written translation, or both.

An authorised person may allow any eligible employee to read a transcript of a resident call for the purpose of providing a written translation.

An authorised person must not knowingly disclose a resident call otherwise than under section 56 or in accordance with the Privacy Act 2020.

An authorised person who is listening to a resident call must not knowingly allow any other person to listen to it, except under section 56.

An eligible employee (other than an authorised person) who, under section 56, has been allowed to listen to a resident call or a recording of a resident call, or to read a transcript of a resident call, must not knowingly disclose the call except to an authorised person.

A person who, under section 56(2), has heard a resident call or a recording of a resident call, or read a transcript of a resident call, must not knowingly disclose the call except to an authorised person.

The Privacy Act 2020 applies to the monitoring of resident calls under sections 51 to 61.

The chief executive must take all practicable steps to ensure that every recording of a resident call held by the chief executive is destroyed, or completely erased,—

Despite subsection (1), if the Privacy Commissioner has notified the chief executive in writing that a complaint has been made under the Privacy Act 2020 in relation to the recording, the recording must not be destroyed or erased in accordance with that subsection until the Privacy Commissioner has notified the chief executive in writing that the complaint has—

The Commissioner of Police or, as the case may be, the chief executive or board of a public service agency must take all practicable steps to ensure that every recording of a resident call held by the Police or that department that was obtained by the monitoring of the call under this Act is destroyed, or completely erased, as soon as it appears that no proceedings (or no further proceedings) will be taken in which any information contained in it would be likely to be required to be produced in evidence.

Nothing in subsections (1) and (3) applies to any record of any information adduced in proceedings in any court or tribunal.

Subsection (6) applies if—

If this subsection applies, an authorised person may arrange for the recording or recordings that are not required to be destroyed or completely erased to be copied, so that the copy or copies may be retained and all the recordings may be destroyed or completely erased.

Any copy made in accordance with subsection (6) is admissible in evidence to the same extent that the destroyed recording it is a copy of would have been.

For the purpose of subsection (3),—

Particulars of a recording of a resident call must not be received in evidence by any court against any person unless the party intending to offer it has given the person reasonable notice of the party’s intention to do so, together with—

This subsection applies to evidence that—

Evidence to which subsection (1) applies remains privileged, and must not be given in any court except with the consent of the person entitled to waive the privilege.

The residence manager may decline to permit a resident to receive visits from any person or to communicate orally with any person if there are reasonable grounds for believing that such visits or communications are likely to be harmful to the resident or to any other person or to the orderly functioning of the residence.

The residence manager must not permit a person who is, or who appears to be, under the age of 18 years to visit a resident unless the manager considers that the visit is likely to meet the resident’s rehabilitative needs.

Visits from, or oral communications with, a person specified in section 46(3) may not be declined, but any visit that, in the opinion of the residence manager unduly interferes with the programme of the residence, may be rescheduled to a reasonable time and date agreed on by the manager, the visitor, and the resident.

Any decision taken under subsection (1) or (2) must be recorded in a register as prescribed in guidelines or instructions.

For the purpose of detecting a prohibited item or an item that may endanger the health and safety of a resident or any other person, the residence manager, a staff member of the residence, or a corrections officer may conduct—

A search conducted under subsection (1) may take the form of a rub-down search, a scanner search, or an x-ray search, but may only include a strip search of the resident if the person conducting the search has reasonable grounds for believing that the resident has in his or her possession any prohibited item or an item that may endanger the health and safety of a resident or any other person.

Every resident may be strip searched by the residence manager, a staff member of the residence, or a corrections officer when the resident enters or leaves the residence or the prison within which the residence is physically located.

Despite subsections (1) and (2), a corrections officer may not search a resident while the resident is in the residence.

Despite subsection (2), a resident may not be strip searched under that subsection by a person other than the residence manager without the prior approval of that manager.

Any search conducted under this section must comply with any guidelines or instructions issued that are relevant to the conduct of searches.

The residence manager or a staff member of the residence may, for the purpose of detecting any prohibited item, conduct a scanner search of any person who wishes to enter the residence or who is in the residence.

If the residence manager or a staff member of the residence has reasonable grounds to suspect that any person who wishes to enter a residence or who is in a residence has in his or her possession any prohibited item, the residence manager or the staff member may, with that person’s consent, conduct a rub-down search of that person.

Any person who refuses to submit to a scanner search or to a rub-down search—

Authority conferred by this Act to conduct a scanner search of any person includes the authority to search any item carried by, or in the possession of, that person.

Authority conferred by this Act to conduct a rub-down search of any person includes the authority to search—

Authority conferred by this Act to conduct a strip search or x-ray search of any resident includes the authority to search—

Authority conferred by this Act to search any item includes the authority to use any force that is reasonable in the circumstances for the purpose of breaking open that item.

Authority to search a residence or an item includes the authority to use an aid or aids such as a chemical substance or x-ray or imaging equipment or some other mechanical, electrical, or electronic device, or other similar aid.

In exercising any power of search conferred by this Act, the residence manager, a staff member of the residence, or a corrections officer conducting the search may have with him or her, and use for the purposes of searching, any dog.

Any dog used for searching must be under the control of—

When a dog is used for the purposes of searching any person, the person who has control of the dog must not allow that dog to come into physical contact with the person being searched.

The residence manager, staff member of the residence, or corrections officer who uses a dog for the purposes of searching a person must conduct the search with decency and sensitivity and in a manner that affords to the person being searched the greatest degree of dignity consistent with the purpose of the search.

If, in the course of a search under section 63 or 64, the residence manager suspects on reasonable grounds that an item is a prohibited item, the manager may take possession of the item, by force if necessary.

The manager may retain any item taken under subsection (1) for the purpose of inspecting the item.

If the residence manager is not satisfied that an item taken under subsection (1) is a prohibited item, or considers that the resident concerned is permitted to possess the item in terms of a permission given under rules made under section 119, the residence manager must return the item to the person entitled to it.

If the residence manager is satisfied that the item is a prohibited item (other than an item that the resident concerned is permitted to possess in terms of a permission given under rules made under section 119), the residence manager must deal with the item in accordance with section 23(3).

If the manager has reasonable grounds to believe that a resident has used any substance that falls within any of paragraphs (b) to (d) of the definition of prohibited item in section 3, or consumed alcohol without permission, the manager may require the resident to submit to a test for the purpose of detecting whether the resident has used any of those substances or consumed alcohol, or both.

The tests administered under subsection (1) must comply with any guidelines or instructions that are relevant to the administration of such tests.

The guidelines or instructions may specify the kinds of sample that a resident may be required to supply (including, without limitation, a sample of saliva, hair, breath, or urine, or other bodily sample) and the circumstances and manner in which any sample is to be supplied.

However, in no case may a resident be required to supply a sample of his or her blood.

If, under section 68, a resident submits to a test, the manager must ensure that the resident is informed, promptly and in writing, of the result of the procedure.

Neither the fact that a resident has been required, under section 68, to submit to a drug or alcohol test nor any information obtained from that test is admissible as evidence against any resident or any other person in any proceedings other than any application under section 16, 17, 85, 88, or 89.

To avoid doubt, subsection (1) does not prevent any fact or information from being presented to, or considered by, the review panel.

For the purposes of this section, seclusion, in relation to a resident, means placing the resident without others in a room or other area that—

The manager may place a resident in seclusion if it is necessary to prevent the resident from doing 1 or more of the following:

The manager who places a resident in seclusion—

The following provisions must be followed when a resident is placed in seclusion:

A residence manager may restrain a resident if that is necessary to prevent the resident from doing 1 or more of the following:

The following provisions must be followed when a resident is restrained:

A staff member of the residence, corrections officer, or Police employee who is directed by the chief executive or the residence manager to escort a person subject to an interim detention order or a public protection order to or from a place or to supervise that person while outside the residence or a prison has, in relation to that person, all the powers and functions specified in subsections (2) and (3).

A person who may exercise any power under subsection (1) may use any force, and apply any mechanical restraint, that is reasonably necessary for that purpose.

The functions and powers, in relation to the person described in subsection (1), are—

If there is a security emergency in a residence, the manager of the prison in which the residence is physically located may, on request by the residence manager, direct 1 or more corrections officers to assist in restoring order at the residence.

A corrections officer who is directed under subsection (1) may—

An officer who uses physical force for any of the purposes referred to in subsection (2) may not use any more physical force than is reasonably necessary in the circumstances.

A resident who is taken to a prison under subsection (2)(b) may be detained in the prison, but if the resident’s detention exceeds a period of 24 hours, the chief executive must, within the next working day after the day on which that period of 24 hours expires, apply to the court, in respect of the resident, for a prison detention order and an order under subsection (5).

If it appears to the court on the papers that the application for a prison detention order against the resident is properly made, the court may make an order (an interim prison detention order) ordering that, while that application is pending, the resident continue to be detained in the prison.

Section 86 applies to a person who is taken to a prison under subsection (2)(b) or who is subject to an interim prison detention order as if the person were subject to a prison detention order.

The interim prison detention order ceases to have effect when the application for the prison detention order is finally determined or is discontinued.

If the court declines to grant an interim prison detention order, the resident must be immediately returned to a residence.

In this section, security emergency means a state of affairs, brought about by the conduct of 1 or more persons in a residence, that leads the residence manager reasonably to believe that persons or property in the residence cannot be protected from harm or damage without assistance.

If a civil defence emergency affects the area in which a prison and a residence are physically located, the manager of the prison may, by written notice to the manager of the residence, assume control over the residence and the residents in the residence.

Despite subsection (1), a notice under that subsection may be given orally if the manager of the prison considers that the notice is required as a matter of urgency and, in that case, the manager of the prison must provide the manager of the residence with a written record of the notice as soon as practicable.

As soon as a notice is given under subsection (1), the manager of the residence must exercise or perform his or her powers, duties, and functions under this Act subject to the direction of the manager of the prison.

A notice under subsection (1) ceases to have effect as soon as the manager of the prison informs the manager of the residence in writing that the notice is no longer required.

In this section, civil defence emergency means a situation that—

Where, for any reason, a residence is destroyed or becomes uninhabitable, the manager of the prison in which the residence is physically located may, on request by the residence manager, direct 1 or more corrections officers to detain and take the residents to the prison or, if that prison has also been destroyed or has become uninhabitable, to another prison.

Where 1 or more residents are taken to a prison under subsection (1), the residents may be detained in the prison, but if the residents’ detention exceeds a period of 72 hours, the chief executive must, within the next working day after the day on which that period of 72 hours expires, apply to the court under section 77 for a transitional detention warrant authorising the continued detention of those residents.

Nothing in this section limits section 75.

Section 86 applies to a person who is taken to a prison under subsection (1).

The chief executive may make 1 or more applications to the court for a transitional detention warrant in respect of 1, some, or all of the residents who have been taken to a prison under section 76.

An application for a transitional detention warrant must set out the following particulars:

The court may issue a transitional detention warrant in respect of 1 or more residents if satisfied that—

A transitional detention warrant expires on the close of the 90th day after the date on which it is issued, but the chief executive may apply for a further transitional detention warrant in respect of 1 or more residents who are subject to such a warrant.

Section 86 applies to a person to whom a transitional detention warrant applies.

An inspector must visit each residence for which he or she is responsible at regular intervals in each year.

Each residence must be visited, under subsection (1), at least twice a year or on a greater number of occasions that the chief executive directs.

An inspector may, without previous notice, visit a residence as often as the inspector thinks fit.

An inspector may visit a residence at any time and for any length of time that the inspector thinks fit.

An inspector who visits a residence for the purposes of this Act must be given access to every part of the residence and to every person in it, whether or not that person is a resident under this Act.

The manager must present to the inspector—

Anyone may complain to an inspector about the breach of a resident’s rights.

The manager or staff member of a residence who receives a complaint about a breach of the resident’s rights must refer the complaint to an inspector.

An inspector may, on his or her own initiative or on receipt of a complaint, commence an investigation into an alleged breach of this Act or of regulations made under this Act or of any guidelines or instructions.

As soon as is reasonable in the circumstances after an inspector receives an oral or written complaint made by or on behalf of a resident, the inspector must investigate the complaint unless satisfied that the complaint is frivolous or vexatious or is not made in good faith.

If, after investigating the complaint, the inspector is satisfied that the complaint has substance, the inspector must, as soon as is reasonable in the circumstances,—

The inspector must send a copy of any report prepared under subsection (3)(b) to the chief executive.

On receiving a report on an investigation under section 81(3)(b), the manager must report in writing the outcome of the investigation to—

If the resident is not satisfied with the outcome of the complaint, he or she may request the chief executive to examine the complaint, and the chief executive must consider if further investigation is warranted.

Any inspector may inquire into an alleged breach of this Act or of regulations made under this Act or of any guidelines or instructions.

The chief executive may direct an inspector to conduct an inquiry under subsection (1), and that inspector must comply with that direction as soon as is reasonable in the circumstances.

For the purpose of conducting an inquiry under this Act, an inspector has the same powers and authority to summon witnesses and receive evidence as are conferred on an inquiry by the Inquiries Act 2013, and the provisions of that Act, except section 28 (which relates to costs), apply accordingly.

As soon as practicable after concluding an inquiry under this section, the inspector must send a full report of the inquiry to—

On receiving a report under section 81(3)(b) or 83(4)(a), the manager must take all steps reasonably necessary to correct every deficiency identified in the report.

The court may, on the application of the chief executive, order that a person subject to a public protection order be detained in a prison instead of a residence.

The court may make an order under subsection (1) only if satisfied that—

The court may make an order under subsection (1) against a person immediately after making a public protection order against that person.

A prison detention order ceases to have effect if the person against whom it is made ceases to be subject to a public protection order.

A person who is subject to a prison detention order, during the currency of that order,—

During the currency of a prison detention order, the review panel must review the continuing justification of the order—

If the review panel considers that the person subject to the prison detention order is no longer eligible to have an order under section 85 imposed on him or her, the review panel may direct the chief executive to apply to the court for a review of the order under section 88.

During the currency of a prison detention order, the chief executive must apply to the court for a review of the continuing justification of the order—

For the purpose of calculating any period specified in subsection (1), if the court grants leave for an application under section 89, the period is suspended until the application is determined or withdrawn.

A person who is subject to a prison detention order may, with the leave of the court, apply to the court for the cancellation of the order.

On an application under section 88 or 89, the court must be provided with all reports provided to the review panel and may call for any further or supplementary reports by any person, including the chief executive, the manager of the prison in which the person subject to the prison detention order is detained, and any health assessor.

The court may, on an application under section 88 or 89, cancel a prison detention order if satisfied that the person subject to the prison detention order is no longer eligible to have an order under section 85 imposed on him or her.

Where, as a result of the cancellation under section 91, a person ceases to be subject to a prison detention order but continues to be subject to a public protection order, the person must be transferred from prison to a residence and then has the status, rights, and obligations of a resident under this Act.

In this subpart, unless the context otherwise requires,—

Where, in the course of a proceeding under section 16 or 17, the court makes a finding under section 18(4) in respect of a person subject to a public protection order, the court must—

Before the court makes the orders under subsection (1), the court must give each party an opportunity to make submissions on the requirements that should be included in the protective supervision order under section 94.

As soon as practicable after a protective supervision order is imposed on a person, the person must be released from detention in the residence or the prison, as the case may be.

If the court imposes a protective supervision order on a person, the chief executive must notify every victim of the person of that order.

The court may include in any protective supervision order under section 93 any requirements that the court considers necessary to—

Notice of any requirements imposed by the court on a person under a protective supervision order must be provided, in writing, to the following:

This section applies if a court imposes a drug or alcohol requirement on a person subject to a protective supervision order.

The court cannot direct, indicate, or require that the person subject to the order undergo or submit to drug or alcohol testing or continuous monitoring, but the requirement means that the person must comply with all directions arising from an authorised person giving the person notice under section 95B(2).

The court must advise the person that the person must do any 1 or more of the following things if directed to do so by notice given by an authorised person under section 95B(2):

This section applies to a person who is subject to a protective supervision order with a drug or alcohol requirement.

An authorised person may, by notice given to a person to whom this section applies, direct the person to do any 1 or more of the following:

An authorised person exercising that person’s discretion under subsection (2)—

A notice given to a person under subsection (2)(b) may include a direction that the person comply with instructions specified in the notice that are reasonably necessary for the effective administration of the continuous monitoring (for example, an instruction to charge the monitoring device regularly or protect it from events, such as submersion in water, that may damage it or interfere with its functioning).

An automated system specified in a notice given under subsection (2)(c) must include an automated selection method that determines, in any manner consistent with rules made under section 103C(b) (including randomly), whether the person is required to undergo testing.

Only a medical practitioner or medical officer may collect a blood sample from a person under this section.

In this section and in sections 95C to 95E and 103A, authorised person means a person who is—

An authorised person may give a person to whom section 95B applies a notice under section 95B(2) in any of the following ways:

An automated system must, in response to a person contacting it as directed by a notice given under section 95B(2)(c) and subsection (1), give the person a spoken or written response notice specifying whether the person is required to undergo testing.

A notice given by an authorised person under subsection (1)(c), or a response notice that is given by an automated system under subsection (2) and that requires a person to undergo testing, must specify the name and location of a testing facility to which the person is required to report to undergo testing, and the time or times when the person is required to report, under section 95D.

An authorised person may require a person to whom section 95B applies to undergo testing at the place where the person is given notice under section 95B(2) personally by the authorised person.

Subsection (1) applies even if the place where the person is given notice personally by the authorised person is—

However, a person cannot be required to undergo a prescribed testing procedure in a place specified in subsection (2)(a) or (b) if the testing procedure involves the collection of blood or urine.

A person given notice personally (in writing or orally) by the authorised person may be required by the authorised person, if subsection (3) applies or if it is not reasonably practicable to require the person to undergo testing at the place where the person is given notice, to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the person to undergo testing.

A person given a notice under section 95C(1)(c) or (2) that requires the person to undergo testing is required to report to the testing facility whose name and location are specified in the notice, at the time or times specified, to undergo testing.

Information obtained following a direction under section 95B(2) (from a prescribed testing procedure or a drug or alcohol monitoring device) about a person subject to a protected supervision order with a drug or alcohol requirement—

A court may, in the absence of evidence that is available to the court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure or a drug or alcohol monitoring device—

The chief executive or the person subject to a protective supervision order may apply to the court at any time for a variation or the discharge of a requirement of a protective supervision order.

On a review under section 99 or on an application under subsection (1), the court may vary or discharge any requirement forming part of the order.

The review panel may, on an application by the chief executive or the person subject to a protective supervision order, modify a requirement of a protective supervision order, but only if the review panel is satisfied that the modification will render the requirement less restrictive.

If the requirements of a protective supervision order are varied or discharged, the chief executive must give notice of the variation or discharge to—

The chief executive must apply to the court for a review of a protective supervision order—

The chief executive may apply at any time for a review of the protective supervision order.

As soon as practicable after an application is made under this section, the chief executive must advise every victim of the person subject to the public protection order that the application has been made.

A person who is subject to a protective supervision order may, with the leave of the court, apply to the court for a review of the order.

As soon as practicable after an application is made under this section, the chief executive must advise every victim of the person subject to the protective supervision order that the application has been made.

On a review of a protective supervision order, the court must be provided by the chief executive with current reports on the person subject to the order.

On a review, the court must consider the continuing appropriateness of the requirements included in the protective supervision order and, where the court has jurisdiction under section 102, whether the order should be cancelled.

On a review or on an application made for the purpose by the chief executive or the person who is subject to a protective supervision order, the court may cancel the order if, during a period of 5 years in which the person has been subject to the order, the person has neither—

If a protective supervision order is cancelled, the chief executive must give notice of the cancellation to—

A person who is subject to a protective supervision order and who breaches, without reasonable excuse, any requirements included in that order is liable on conviction to imprisonment for a term not exceeding 2 years.

A person who is subject to a protective supervision order with a drug or alcohol requirement commits an offence if the person—

A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 2 years.

This section applies to a person who is—

A person to whom this section applies commits an offence if the person refuses or fails, without reasonable excuse, to allow an authorised person to enter the person’s residential address for all or any of the following purposes:

A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000.

In subsection (2), authorised person means any of the following:

The chief executive may, by notice in the Gazette, make rules for all or any of the following purposes:

Rules made under section 103C(a) may, without limitation, prescribe testing procedures that do all or any of the following:

The chief executive may make rules under section 103C only if satisfied that the rules—

Subsection (1)(b) overrides subsection (2)(c).

The chief executive must ensure that any rules made under section 103C are, while in force, made available—

Rules made under section 103C are disallowable instruments, but not legislative instruments, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

The following applications must be made by originating application:

When the chief executive makes an application to the court under this Act, the person to whom the application relates must be served personally with—

The service must comply with the High Court Rules 2016 governing personal service.

If a respondent who has been duly summoned to attend a hearing fails to appear at the hearing, the Judge may issue a warrant for the respondent to be detained and brought before the court.

The warrant must be directed to every constable.

The warrant may be executed by any constable.

For the purposes of executing the warrant, the constable executing it may at any time enter any premises, by force if necessary, if he or she has reasonable grounds to believe that the respondent is on those premises.

This section applies when, before an application for a public protection order is finally determined, 1 or more of the following events occur:

The court may, on an application by the chief executive, order that, until the application for a public protection order is finally determined, the respondent is to be detained by a person, and in a place, specified in the order.

When the court makes an order under subsection (2) (an interim detention order), the court may suspend that order subject to any conditions that the court thinks fit.

An order under this section ceases to have effect when the application for a public protection order is finally determined or discontinued.

In a proceeding under this Act, a court may receive as evidence any statement, document, information, or matter that it considers relevant, whether or not it would be otherwise admissible in a court of law.

This section is subject to—

The court may determine whether to hold any hearing related to a public protection order, prison detention order, or protective supervision order in closed or open court.

The court may make an order forbidding publication of any report or account of the whole or any part of the evidence given or the submissions made in any proceeding under this Act.

The court may make an order under subsection (1) only if the court is satisfied that publication would be likely to—

This subsection applies if, while an application for a public protection order is pending, the respondent is detained—

If subsection (1) applies, the proceeding on the application for the public protection order is suspended until the respondent is no longer detained in the hospital, facility, or prison.

For the purposes of any review under section 15 or 87, the chief executive must provide the review panel with—

The responsible clinician (or other health professional) referred to in subsection (1)(e) must, on request by the chief executive, supply a report on the person to the chief executive.

For the purposes of any review under section 15 or 87, the review panel must interview the person who is subject to a public protection order or prison detention order, unless the person indicates to the review panel that he or she does not wish to be interviewed.

The Minister may, by notice in the Gazette, declare any building located in prison precincts or any part of that building and any land adjacent to that building to be a residence.

Before making a declaration under subsection (1), the Minister must be satisfied that the proposed residence will be separate and secure.

When the notice takes effect, the building or the part of the building and any adjacent land are excluded from the prison and cease to be subject to the Corrections Act 2004.

Despite subsection (3), for the purposes of the Resource Management Act 1991, the land specified in the notice continues to be part of the prison in which it is located and the use of the land as a residence is deemed to be an authorised use under any existing designation or provisions of any plan that applies to the prison under that Act.

Every notice under this section takes effect from the date specified in the notice.

The building or the part of the building and any adjacent land declared to be a residence may be described in the notice in any way that is sufficient to identify it.

For every residence that is not subject to a residence management contract, the chief executive must appoint under the Public Service Act 2020—

For every residence that is subject to a residence management contract, the contractor must appoint—

A person must not perform any functions under the Corrections Act 2004 while that person is a residence manager or an employee for the purposes of the residence.

The residence manager has, in relation to the residence for which the manager is appointed as manager, the following powers and functions:

On the occurrence from any cause of a vacancy in the office of the residence manager, and in the case of the absence from duty of the person appointed as residence manager (from whatever cause arising), and for so long as any such vacancy or absence continues, the deputy residence manager has and may exercise and perform all of the powers, duties, and functions of the residence manager.

A person must not perform any functions under the Corrections Act 2004 while that person is a residence manager or an employee for the purposes of the residence.

The residence manager may delegate any of his or her powers or functions, except this power of delegation and the power to make rules under section 119, to a person who is suitably qualified to exercise them.

The manager must make the delegation in writing and sign it.

The delegation may be subject to any conditions or limits, or both.

The manager is not prevented from exercising, or affected in his or her exercise of, any of the delegated powers or functions.

The delegate may exercise the powers or functions in the same manner and with the same effect as if they had been conferred on the delegate directly by this Act.

Every person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

A delegation made under section 117 continues in force according to its tenor until it is revoked.

If the maker of the delegation ceases to hold office, the delegation continues to have effect as if made by the successor of the office holder.

The maker of the delegation, or successor, may revoke the delegation at any time by written notice to the delegate.

The chief executive may authorise the residence manager to make rules that the manager considers appropriate for the management of the residence and for the conduct and safe custody of the residents.

An authorisation given by the chief executive under subsection (1) may be subject to any conditions or any limitations placed on the scope or subject matter of the rules.

Rules made under subsection (1) may, without limitation, authorise the manager to permit residents to possess prohibited items, subject to limits specified in the rules and subject to the manager being satisfied of certain matters specified in the rules concerning the protection of the order of the residence and the health and safety of any person.

Any rules made under subsection (1) may be revoked at any time by the residence manager or the chief executive.

Any rules made under subsection (1) must not be inconsistent with this Act or any regulations made under this Act.

Rules made under subsection (1) are not disallowable instruments for the purposes of the Legislation Act 2012 and do not have to be presented to the House of Representatives under section 41 of that Act.

Rules made under subsection (1) may regulate the exercise of coercive powers conferred by this Act, but may not confer any additional coercive powers.

The chief executive may provide to residence managers and to persons exercising powers under section 73(1)—

The chief executive must ensure that guidelines are provided, under subsection (1), relating to the exercise of coercive powers.

All guidelines and instructions provided under subsection (1) are disallowable instruments for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

The chief executive must—

The department’s annual report under section 43 of the Public Finance Act 1989 must state in respect of the year to which the report relates—

The annual report referred to in subsection (1) must also include a report on the activities undertaken by inspectors during the year to which the annual report relates.

A review panel is established.

The review panel consists of 6 members appointed by the Minister of Justice by written notice.

The Minister of Justice must nominate 1 member of the review panel as its chairperson and another member of the review panel as its deputy chairperson, and a member so nominated must hold, or have held, office as a High Court Judge or as a District Court Judge.

Before the Minister of Justice appoints a person as a member, the Minister of Justice must be satisfied that the person has experience and expertise in assessing the potential for individuals to pose a high risk to public safety.

The review panel must include—

The quorum necessary for any meeting of the review panel is 3 members, who must include—

The decision of the majority of members in attendance at a meeting is the decision of the review panel.

At any meeting of the review panel, the review panel may receive and take into consideration whatever information it thinks fit, whether or not the information would be admissible as evidence in a court of law.

The review panel may regulate its own procedure.

Every member of the review panel, including the chairperson, must be appointed for a term of 3 years or less.

A member continues in office despite the expiry of his or her term of office until—

A member who participates in a review that is not complete on the date that he or she ceases to be in office may complete his or her participation in the review after that date and is, for that purpose, deemed to be in office until the review is complete.

Any member may be reappointed any number of times.

A member may at any time resign from office by written notice to the Minister of Justice.

The Minister of Justice may at any time remove a member from office for just cause, and the member is not entitled to compensation for removal.

The remuneration of any member of the review panel who is a District Court Judge or a Judge of the High Court must, so far as it relates to the Judge’s membership of the review panel, be determined by the Remuneration Authority.

Every other member of the review panel must be paid fees and expenses in accordance with the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies.

A person is not employed in the service of the Crown, for the purposes of the Public Service Act 2020 or the Government Superannuation Fund Act 1956, merely as a result of being a member of the review panel.

No member of the review panel is personally liable for any act or omission done in pursuance, or intended pursuance, of the panel’s functions, unless the act or omission was done in bad faith.

For the purposes of this Act, the chief executive may, by written notice, designate, on any terms and conditions specified in the notice, 1 or more lawyers to be independent inspectors.

The chief executive must ensure that the number of inspectors appointed under subsection (1) is at all times sufficient for the operation of this Act.

No lawyer appointed under this section may be otherwise employed or engaged by the department.

The Minister may from time to time, with the concurrence of the Minister of Finance, fix the remuneration of inspectors, either generally or in any particular case, and may, with that concurrence, vary the amount or nature of that remuneration.

A specified office holder may, whenever the office holder considers it appropriate, enter a residence and examine it and the condition of the residents, and may inform the residence manager of his or her observations.

The residence manager must ensure that any observations of a specified office holder are recorded and that a permanent record of those observations is kept at the residence.

A specified office holder is not entitled, under subsection (1), to communicate with any resident except in relation to—

For the purposes of this section, each of the following is a specified office holder:

Nothing in this Act limits the operation of Part 2 of the Crimes of Torture Act 1989.

The chief executive may, from time to time, in the name and on behalf of the Crown, enter into a contract with any other person for the management, by that other person, of a residence.

No residence may be managed by a person other than the Crown except under a residence management contract.

For the purposes of the Ombudsmen Act 1975 and the Official Information Act 1982, every contract residence is to be treated as part of the department.

Every residence management contract must provide for—

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

Without limiting clauses 2 to 4 of Schedule 6 of the Public Service Act 2020, those sections of that Act apply in relation to a contract residence as if—

The Crown is entitled to be indemnified by a contractor—

For the purposes of determining the liability of the Crown or the contractor for any act or omission of a contractor or a contractor’s employees or agents, neither the contractor nor the contractor’s employees or agents are to be treated as agents of the Crown.

This section does not limit any other right to indemnification that may be provided in a residence management contract.

This section applies if the chief executive believes, on reasonable grounds,—

If this section applies, the chief executive may take over the management of the contract residence from the contractor for any period that the chief executive considers necessary in order to deal with the emergency or threatened emergency, and for that purpose the chief executive—

If the chief executive takes over the management of a contract residence under this section, the chief executive must immediately give written notice to the contractor of that action, and of the reasons for that action.

Without limiting any other remedy available to the chief executive (whether under the residence management contract or otherwise), if the chief executive acts under subsection (2), then, unless it would be unreasonable or unfair in the circumstances,—

This section applies despite anything in any residence management contract, and nothing in this section limits or affects—

Neither the chief executive, nor the Crown, nor any other person acting by or under the authority of the chief executive is under any civil or criminal liability for anything the chief executive or any such person may do or fail to do in the course of the exercise or performance or intended exercise or performance of any powers, functions, or duties under this section, unless it is shown that the chief executive or that other person acted, or failed to act, in bad faith.

Within 12 sitting days after a residence management contract is entered into, the Minister must present a copy of that contract to the House of Representatives.

Within 12 sitting days after a residence management contract is varied or renewed, the Minister must present a copy of the terms of that variation or renewal to the House of Representatives.

For the purposes of enabling the chief executive or any staff member of the department to exercise or perform any of his or her powers, duties, or functions, the chief executive or any staff member of the department may access any information that is held (or deemed for the purposes of the Official Information Act 1982 to be held) by a contract residence and that relates to that contract residence or to any resident.

For the purposes of enabling any staff member of a contract residence to exercise or perform any of his or her powers, duties, or functions, any staff member of a contract residence may have access to any information that is held (or deemed for the purposes of the Official Information Act 1982 to be held) by the department and that relates to any resident.

If the department is authorised by any enactment to access or to disclose information relating to any resident,—

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

Regulations under subsection (1) may regulate the exercise of coercive powers conferred by this Act, but may not confer any additional coercive powers.

This Act does not affect the imposition of any sentence of preventive detention under the Sentencing Act 2002, and, in considering whether to impose such a sentence, the court must not take into account the jurisdiction conferred by this Act to impose orders on offenders who have served determinate sentences.

This subsection applies if, while a person is subject to a public protection order, a prison detention order, or a protective supervision order, the person is detained—

If subsection (1) applies, the relevant order or orders specified in that subsection are suspended until the person is no longer detained in the hospital, facility, or prison.

A person is not a person under control or supervision within the meaning of section 4 of the Prisoners’ and Victims’ Claims Act 2005 merely because the person is, or has at any time been, a resident, a person subject to a prison detention order, or a person under protective supervision.