1 Title

2 Commencement

3 Interpretation

4 Act binds the Crown

5 Purpose of corrections system

6 Principles guiding corrections system

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

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

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

28 Inspectors of corrections

29 Powers and functions of inspectors of corrections

30 Establishment of community work centres

31 Chief executive may make rules for community work centres and offenders carrying out community work

32 Establishment of prisons

33 Manager may make rules for prison

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

43 Authorised property

44 Standard conditions of issue and transfer of issued items

45 Disposal and destruction of prisoner property

46 Trust account and purchasing system for prisoners

47 Security classifications

48 Further provisions relating to security classifications

49 Prisoners must be assessed on reception and have needs addressed

50 Prisoners' use of time

51 Management plans

52 Rehabilitative programmes

53 Transfer from one prison to another

54 Reasons for transfer

55 Information to be given to prisoners

56 Information about reasons for transfer

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

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

66 Work and earnings

67 Earnings of employed prisoner

68 Application of money

69 Minimum entitlements

70 Exercise

71 Bedding

72 Diet

73 Entitlement to private visitors

74 Legal adviser may visit prisoner

75 Medical treatment and standard of health care

76 Prisoners may send and receive mail

77 Outgoing telephone calls

78 Information and education needs of prisoners

79 Religious and spiritual needs

80 Needs relating to particular cultures

81 Working conditions

82 Accommodation generally

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

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

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

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

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

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

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

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

160 Protocol between chief executive and Chief Ombudsman

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

163 Certain persons to be readily identifiable

164 Provision of information to persons under control or supervision

165 Medical records

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

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

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

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)

181 Offender information may be disclosed for immigration purposes

181A Disclosure of information relating to highest-risk offenders

182 Offender information may be disclosed to facilitate monitoring of persons on temporary release

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

183 Inquests on prisoners

184 Arrest of person unlawfully at large

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

189A Interpretation

189B Detection, interception, etc, of radiocommunications within prison boundaries

189C Recordings of unauthorised communications

190 Matters to be included in annual report

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

196 Chief executive and Commissioner of Police may issue guidelines and instructions

197 Royal prerogative not affected

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

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

204 New section 141AC inserted

205 Amendments to Privacy Act 1993

206 Acts amended

207 Regulations amended

208 Repeals and revocations

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]

221 References in existing contracts for provision of escort services, courtroom custodial services, or both

222 Proceedings brought under sections 41A and 41B of Penal Institutions Act 1954

223 Existing rules preserved

224 Directions restricting right to associate to continue

225 Existing security classifications to continue

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

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

233 Sections 32 to 36 of Penal Institutions Act 1954 continue to apply to acts and omissions before commencement

234 Drug and alcohol strategy issued under section 36B of Penal Institutions Act 1954

235 Penal institutions deemed to be prisons and other designation changes