1 Title
Part 1
Preliminary provisions
2 Commencement
3 Interpretation
4 Act binds the Crown
5 Purpose of corrections system
6 Principles guiding corrections system
Part 2
Corrections system
Subpart 1—Statutory roles and responsibilities
Minister, chief executive, and Commissioner of Police
7 Powers and functions of Minister
8 Powers and functions of chief executive
9 Powers and functions of Commissioner of Police
10 Delegation of powers and functions of chief executive
Other persons with other powers and functions in relation to prisoners
11 Prison manager and other staff of prisons
12 Powers and functions of prison managers
13 Delegation of powers and functions of prison managers
14 Powers and functions of officers
15 Hearing adjudicators
16 Powers and functions of hearing adjudicators
17 Appointment or engagement of security officers
18 Powers and functions of security officers
19 Visiting Justices
20 Medical officers
21 Protection of officers in discharge of functions
22 Protection of members of Armed Forces
23 Restrictions on exercise of certain powers
Persons with powers and functions in relation to administration of community-based sentences, sentences of home detention, conditions of release, parole, or sentences of imprisonment served on home detention
24 Probation officers
25 Functions of probation officers
26 Probation officers may delegate power to supervise offenders on community work
27 Controlling officer of probation area
General
28 Inspectors of corrections
29 Powers and functions of inspectors of corrections
Subpart 2—Establishment and operation of community work centres
30 Establishment of community work centres
31 Chief executive may make rules for community work centres and offenders carrying out community work
Subpart 3—Establishment and operation of prisons
32 Establishment of prisons
33 Manager may make rules for prison
Detention and custody of prisoners
34 Detention of prisoners
35 Detention during transit
36 Police station deemed Police jail for certain purposes
37 Effect of warrant, etc, for specified prisons
38 Legal custody of prisoners
39 Duty of prisoner to return if control or supervision ceases
40 Prisoners must obey lawful orders
41 Photographing and measuring of prisoner
42 Certain information to be given to recently received prisoners
Prisoners' property
43 Authorised property
44 Standard conditions of issue and transfer of issued items
45 Disposal and destruction of prisoner property
Trust account and purchasing system
46 Trust account and purchasing system for prisoners
Security classifications
47 Security classifications
48 Further provisions relating to security classifications
Assessment, use of time, management plans, and programmes
49 Prisoners must be assessed on reception and have needs addressed
50 Prisoners' use of time
51 Management plans
52 Rehabilitative programmes
Transfer of prisoners
53 Transfer from one prison to another
54 Reasons for transfer
55 Information to be given to prisoners
56 Information about reasons for transfer
Denial or restriction of ability to associate
57 Segregation
58 Segregation for purpose of security, good order, or safety
59 Segregation for purpose of protective custody
60 Segregation for purpose of medical oversight
61 Accommodation to be provided if segregation direction in force
Temporary release from custody and temporary removal of prisoners
62 Temporary release from custody or temporary removal from prison
63 Temporary release from custody
64 Temporary removal from prison
65 Removal of prisoner for judicial purposes
Work and earnings
66 Work and earnings
67 Earnings of employed prisoner
68 Application of money
Minimum entitlements
69 Minimum entitlements
Exercise
70 Exercise
Bedding
71 Bedding
Diet
72 Diet
Visiting
73 Entitlement to private visitors
74 Legal adviser may visit prisoner
Medical treatment and health care
75 Medical treatment and standard of health care
Mail to and from prisoners
76 Prisoners may send and receive mail
Telephone calls
77 Outgoing telephone calls
78 Information and education needs of prisoners
Other duties in relation to prisoners
79 Religious and spiritual needs
80 Needs relating to particular cultures
81 Working conditions
Living conditions
82 Accommodation generally
Subpart 4—Coercive powers
Use of force and restraints, and related matters
83 Use of force
84 Provoking prisoners
85 Use of non-lethal weapons
86 Possession, carriage, and use of firearms restricted
87 Restraint of prisoners
88 Reporting on use of force, weapons, and mechanical restraints
Searching of prisoners and other persons
89 Definition of rub-down search
90 Definition of strip search
91 Definition of scanner search
92 Definition of x-ray search
93 Restrictions on internal examinations
94 Restrictions on searches
95 Authority to detain for purposes of search
96 Authority to search property
97 Use of dogs for searching
98 Search of prisoners and cells
99 Search of persons other than prisoners
100 Search of staff lockers and other places
101 Search of vehicles
102 Reporting of unauthorised items discovered, certain searches, and placement in dry cells
103 Detention pending investigation by Police
Opening and reading of mail and withholding of correspondence
103A Interpretation
104 General considerations relating to mail
105 Restriction on sending mail to other prisoners
106 Opening of mail
107 Reading of correspondence
108 Withholding mail
109 Mail between prisoners, official agencies, and members of Parliament
110 Mail between prisoners and legal advisers
110A Restrictions on disclosure of mail
110B Warnings in relation to mail
110C Application of Privacy Act 1993
Telephone calls may be monitored
111 Interpretation
112 Purposes of monitoring prisoners' calls
113 Prisoner calls that may be monitored
114 Certain calls must not be monitored
115 Only certain persons may monitor
116 Warnings
117 Authorised disclosure of information
118 Restrictions on disclosure of information
119 Application of Privacy Act 1993
120 Destruction of recordings
121 Notice to be given of intention to produce evidence of recording
122 Privileged evidence
Alcohol and drugs
123 Chief executive must issue drug and alcohol strategy
124 Prisoner may be required to submit to drug or alcohol test
125 Obligations of persons carrying out procedure
126 Prisoner must be informed of result of procedure
127 Restrictions on use of result of procedure
Subpart 5—Offences
Offences against discipline
128 Offences by prisoner
129 Offences by prisoners relating to drugs and alcohol
130 Offences committed by persons while on temporary release from custody under section 62
131 Attempting or aiding commission of offence against discipline
132 Minor or unintentional breaches of discipline
133 Powers of hearing adjudicator in relation to offences against discipline
134 Decision as to who is to hear charge
135 Applications for legal representation
136 Right to appeal to Visiting Justice against decision of hearing adjudicator
137 Powers of Visiting Justice in relation to offences by prisoners
138 Reference of case from Visiting Justice to hearing adjudicator
139 Mode of hearing or reaching decisions
140 Commencement of penalties
Other offences
141 Unauthorised deliveries, communications, recordings, and possession of unauthorised items
141A Unauthorised use or possession of electronic communication device by prisoner
142 Trespassing in, or loitering about, prison
143 Restricted communications with, or deliveries to, prisoner outside prison
144 Pretending to be security officer or employee of department
145 Failure to comply with direction or requirement under section 101(2)
146 Contravention of section 110A or 118
147 Injuring, interfering with, or obstructing dog used for searching
148 Offences in relation to requisitioning
149 Power of arrest
150 Power of seizure
Subpart 6—Complaints, investigations, and inspections
151 Interpretation
152 Objectives and monitoring of corrections complaints system
153 Prisons, community work centres, and probation offices must have internal complaints system
154 Assistance to make complaints
155 Persons under or previously under control or supervision may seek assistance from inspector of corrections
156 Investigation of complaints by inspector of corrections
157 Powers of entry and access by inspectors of corrections
158 Interviews with inspectors of corrections
159 Recommendations and directions of inspectors of corrections
Protocol
160 Protocol between chief executive and Chief Ombudsman
Subpart 7—Miscellaneous
Other rights of inspection
161 Right of member of Parliament to visit prisons
162 Right of Justice of the Peace to visit prison
162A Crimes of Torture Act 1989 not limited
Identification of certain persons
163 Certain persons to be readily identifiable
Provision of information to persons under control or supervision
164 Provision of information to persons under control or supervision
Medical records
165 Medical records
Escort services and courtroom custodial services
166 Provision of escort services or courtroom custodial services under contract
167 Requirements of security contracts
168 Liability of security contractors
169 Subcontractors
170 Security contracts to be notified in Gazette
171 Reporting responsibilities
172 Security monitors
173 Access must be given
174 Security monitors must report on certain matters
Application of other Acts
175 Application of Ombudsmen Act 1975 and Official Information Act 1982 to contract prisons, security contractors, and security officers
176 Application of New Zealand Bill of Rights Act 1990 to contract prisons, security contractors, and security officers
177 Application of Public Works Act 1981
178 Application of Resource Management Act 1991
179 Application of certain Acts to various office holders
Emergency management
179A Detention of prisoners eligible for release during outbreak or spread of infectious disease
179B No compensation for detention in prison under Health Act 1956
179C Interpretation
179D Notification of emergency
179E Exclusion of liability while epidemic notice in force or during emergency
Disclosure of prisoner information
180 Purpose of section 180A
180A Prisoner information may be disclosed for social assistance purposes
180B Information that may be requested and disclosed
180C Social assistance may be suspended immediately if discrepancy discovered
180D Notice required by section 180C(1)(d)
Disclosure of offender information
181 Offender information may be disclosed for immigration purposes
Information sharing about highest-risk offenders
181A Disclosure of information relating to highest-risk offenders
182 Offender information may be disclosed to facilitate monitoring of persons on temporary release
Information sharing about child sex offenders
182A Information sharing about child sex offenders
182B Definition of child sex offender
182C Definition of specified agency
182D Information sharing agreements
182E Application of agreements
Inquests
183 Inquests on prisoners
Power to arrest persons unlawfully at large
184 Arrest of person unlawfully at large
Property damage caused by escapers
185 Compensation for property damage by escapers
186 Rules governing compensation
187 Notification and payment of compensation
188 Hearing of claims
189 Procedure, evidence, and appeals
Detection, interception, etc, of radiocommunications within prison boundaries
189A Interpretation
189B Detection, interception, etc, of radiocommunications within prison boundaries
189C Recordings of unauthorised communications
Annual report of department
190 Matters to be included in annual report
Requisitioning of land and buildings for use as temporary corrections prisons
191 Requisitioning powers
192 Direction not to be inconsistent with applicable civil defence emergency management plan
193 Compensation if property requisitioned
194 Duties of chief executive
195 Protection from liability
Chief executive and Commissioner of Police may issue guidelines and instructions
196 Chief executive and Commissioner of Police may issue guidelines and instructions
Royal prerogative not affected
197 Royal prerogative not affected
Management of prisons
198 Management of prisons under contract
199 Requirements of prison management contracts
199A Delegation of powers and functions of contractor
199B Liability of contractor
199C Subcontractors
199D Reporting responsibilities
199E Monitors
199F Accommodation and access
199G Monitors to report on certain matters
199H Control of contract prison in emergency
199I Prison management contracts to be presented to House of Representatives
199J Release of prisoner information to and by contract prisons
199K Transferring staff who are contributors to Government Superannuation Fund
Regulations
200 Regulations
201 Regulations relating to good management of corrections system
202 Regulations relating to safe custody of prisoners
203 Regulations relating to treatment of prisoners
Amendment to Immigration Act 1987
204 New section 141AC inserted
Amendment to Privacy Act 1993
205 Amendments to Privacy Act 1993
Other amendments and repeals
206 Acts amended
207 Regulations amended
208 Repeals and revocations
Part 3
Transitional provisions
Management of prisons under contract
[Repealed]
209 Existing management contracts must not be extended [Repealed]
210 Delegation of powers and functions of contractor [Repealed]
211 References in existing management contracts altered [Repealed]
212 Liability of contractor [Repealed]
213 Subcontractors [Repealed]
214 Reporting responsibilities [Repealed]
215 Monitors [Repealed]
216 Accommodation and access [Repealed]
217 Monitors to report on certain matters [Repealed]
218 Control of contract prison in emergency [Repealed]
219 Variation to management contracts to be presented to House of Representatives [Repealed]
220 Release of prisoner information to contract prisons [Repealed]
Provision of escort services or courtroom custodial services under contract
221 References in existing contracts for provision of escort services, courtroom custodial services, or both
Compensation for property damage by escapers
222 Proceedings brought under sections 41A and 41B of Penal Institutions Act 1954
Rules preserved
223 Existing rules preserved
Directions restricting right to associate continue in effect
224 Directions restricting right to associate to continue
Security classifications of prisoners continue in effect
225 Existing security classifications to continue
Appointments
226 Superintendents deemed to be prison managers
227 Inspectors deemed to be inspectors of corrections
228 Most other appointments preserved
229 Certain Visiting Justices cease to hold office
Release or removal under Penal Institutions Act 1954
230 Persons released under section 21 of Penal Institutions Act 1954
231 Directions given under section 21A of Penal Institutions Act 1954
232 Removal under section 27 or section 28 of Penal Institutions Act 1954
Disciplinary offences
233 Sections 32 to 36 of Penal Institutions Act 1954 continue to apply to acts and omissions before commencement
Drug and alcohol strategy
234 Drug and alcohol strategy issued under section 36B of Penal Institutions Act 1954
Designations
235 Penal institutions deemed to be prisons and other designation changes
Schedule 1
Substantive amendments to Schedule 5 of Privacy Act 1993
Schedule 2
Amendments to other Acts
Schedule 3
Regulations amended
Schedule 4
Enactments repealed or revoked
Corrections (Contract Management of Prisons) Amendment Act 2009
Reprint notes