Hon Amy Adams
Government Bill
68—3
As reported from the committee of the whole House
Key
1 Title
2 Commencement
Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Subpart 1—Interpretation, objective, and principles
3 Interpretation
4 Objective of Act
5 Principles
6 Act binds the Crown
Subpart 2—Public protection orders
Imposition of public protection orders
7 Threshold for imposition of public protection order
8 Chief executive may apply for public protection order
9 Reports by health assessors
10 Right to independent expert assessment
11 Issue of summons to attend hearing
12 Assessment whether respondent mentally disordered or intellectually disabled
13 Court may make public protection order
13A Notification of victims
Review by review panel
14 Review of public protection order by review panel
Review by court
15 Application by chief executive for review of public protection order
16 Application for review by person subject to public protection order
17 Review of public protection order
17A Review of management plan
Subpart 3—Status of residents
18 Detention of residents
19 Legal custody of residents
20 Residents must obey lawful directions
20A Residents may not possess prohibited items
21 Transfers between residences
22 Information to be given to residents about transfers
23 Leave
Rights of residents
24 Rights of residents
25 Earnings from work
26 Right to legal advice
27 Right to vote
28 Recreational and cultural activities
29 Right to receive and send written communications
30 Access to media
31 Visitors and oral communications with people outside residence
32 Right to medical treatment
33 Right to rehabilitative treatment
34 Right to information
35 Respect for cultural identity
36 Right to benefits
37 Receipts for residents to be paid into trust accounts
Subpart 4—Management of residents
Management plans
38 Needs assessment
39 Management plans
39A Management plan may bar communications between resident and specified persons
40 Reviews and variations of management plan
Monitoring of written communications
41 Checking and withholding of written communications in certain cases
42 Written communications not to be withheld if sent by or to certain persons
Approval and inspection of items
43 Delivery of items must be approved
43A Items intended for, or intended to be sent by, resident may be inspected
Written communications or items withheld or not sent
43B Procedure where written communication or item withheld or not sent
Telephone calls may be monitored
44 Interpretation
45 Purposes of monitoring resident calls
46 Resident calls that may be monitored
47 Certain resident calls must not be monitored
48 Only certain persons may monitor resident calls
49 Warnings
50 Authorised disclosure of information
51 Restrictions on disclosure of information
52 Application of Privacy Act 1993
53 Destruction of recordings
54 Notice to be given of intention to produce evidence of recording
55 Privileged evidence
Restrictions on contacts with persons outside residence
56 Visits from, or oral communication with, certain persons may be excluded
Searches
57 Search of residents and residence
57A Search of persons other than residents
57B Authority to search property
57C Use of dogs for searching
57D Taking and inspecting items appearing to be prohibited
Drug or alcohol tests
58 Resident may be required to submit to drug or alcohol test
59 Resident must be informed of results of test
60 Restrictions on use of result of test
Seclusion
61 Seclusion
Restraint
62 Restraint of residents
63 Escort of persons subject to detention orders
Emergencies
64 Responses to security emergencies
64A Assumption of control by manager of prison during civil defence emergency
64B Relocation of residents to prison where residence becomes uninhabitable
64C Transitional detention warrants
Subpart 5—Inspections and complaints into alleged breaches of rights
65 Visits by inspectors
66 Inspectors' access to persons and documents
67 Complaints about breaches of rights
68 Investigation by inspectors
69 Resident to be informed of outcome of investigation
70 Inquiries by inspector
71 Duty of manager to correct deficiencies
Subpart 6—Prison detention orders
72 Order for detention in prison
73 Rights and obligations of person subject to prison detention order
74 Review of prison detention orders by review panel
75 Application by chief executive for review of prison detention order
76 Application for cancellation by person subject to prison detention order
77 Court must be provided with relevant reports on person subject to prison detention order
78 Cancellation of prison detention order
79 Consequence of cancellation of prison detention order
Subpart 7—Protective supervision
80 Replacement of public protection order with protective supervision order
81 Requirements may be included in protective supervision order
82 Notification of requirements
83 Court may vary requirements of protective supervision order
84 Review panel may modify requirements to render them less restrictive
85 Notification of changes
86 Application by chief executive for review of protective supervision order
87 Application for review by person subject to protective supervision order
88 Review of protective supervision order
89 Cancellation of protective supervision order
90 Offence to breach protective supervision order
Part 2Procedural, administrative, and miscellaneous matters
Subpart 1—Procedural matters
Procedure governing applications to court
90A Applications to be made by originating application
91 Service of applications
92 Respondent who fails to appear may be brought to court
93 Court may order interim detention of, or interim imposition of conditions on, respondent
94 Evidence in proceedings under this Act
95 Court may determine whether hearings are held in open or closed court
96 Court may suppress evidence and submissions
96A Suspension of proceedings in certain cases
Matters governing reviews by review panel
97 Reports to be provided to review panel
98 Interview of person
Subpart 2—Matters relating to management or administration
99 Establishment of residences
100 Appointment of residence manager
101 Powers and functions of residence managers
102 Manager of residence may delegate powers and functions
103 Status of delegations
104 Manager may make rules for residence
105 Chief executive may provide guidelines or instructions
106 Matters to be included in annual report of department
Review panel
107 Establishment and constitution of review panel
108 Meetings of review panel
109 Term of appointment, and reappointment
110 Remuneration and expenses of members
111 Immunity of members
Appointment of inspectors
112 Inspectors
Visits by specified office holders
113 Right of specified office holders to visit residences
114 Crimes of Torture Act 1989 not limited
Residence management contracts
115 Management of residences under contract
116 Requirements of residence management contracts
117 Delegation of powers and functions of contractor
118 Liability of contractor
119 Control of contract residence in emergency
120 Residence management contracts to be presented to House of Representatives
121 Release of resident information to and by contract residences
Subpart 3—Miscellaneous matters
122 Regulations
123 Sentence of preventive detention not affected by this Act
123A Suspension of orders in certain cases
124 Claims by persons subject to orders under this Act not affected by Prisoners' and Victims' Claims Act 2005
Escaping from residence
124A Amendment to Crimes Act 1961
Legal aid
124B Amendment to Legal Services Act 2011
Access to protection orders and restraining orders
124C Amendments to Privacy Act 1993
125 Consequential amendments
ScheduleConsequential amendments
Legislative history
The Parliament of New Zealand enacts as follows: