Corrections Regulations 2005

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Reprint as at 28 April 2020

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.

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

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Corrections Regulations 2005

Corrections Regulations 2005

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