(1) The Minister has the following powers and functions:

• (a) declaring land or buildings to be a community work centre or prison in accordance with section 30 or section 32:

• (b) approving rates of earnings for prisoners in accordance with section 66:

• (c) fixing the weekly rate of the cost of detaining prisoners for the purpose of enabling deductions to be made under section 68:

• (d) placing notifications in the Gazette in accordance with section 170:

• (e) presenting a copy of the terms of any prison management contract, and of the terms of any variation to a prison management contract, to the House of Representatives in accordance with section 199I:

• (f) any other powers and functions conferred under this Act or regulations made under this Act.

(2) The Minister may give general directions to the chief executive in relation to the exercise of powers and functions conferred on the chief executive under this Act or any regulations made under this Act.

(3) Subsection (2) does not authorise the Minister to give directions about the exercise of powers and functions in relation to a particular person.

(4) As soon as practicable after giving a direction under subsection (2), the Minister must publish in the Gazette and present to the House of Representatives a copy of the direction.

(1) The chief executive has the following powers and functions:

• (a) ensuring that the corrections system operates in accordance with the purposes set out in section 5 and the principles set out in section 6:

• (b) ensuring the safe custody and welfare of prisoners (other than prisoners detained in Police jails or in institutions that are not corrections prisons):

• (c) ensuring the welfare of offenders serving a sentence of imprisonment on home detention, or subject to community-based sentences or sentences of home detention or conditions imposed under the Parole Act 2002 or Sentencing Act 2002, during periods while, in the presence of any employee of the department, those offenders carry out their sentences or undergo any supervision forming part of the conditions to which they are subject:

• (d) exercising the powers conferred by section 62 (which relates to the temporary release or removal of prisoners):

• (e) visiting and inspecting any prison, community work centre, or probation office and, at his or her discretion, interviewing any person under control or supervision:

• (f) inquiring into the treatment and conduct of persons under control or supervision:

• (g) inquiring into all abuses or alleged abuses within each prison, community work centre, or probation office or in connection with it:

• (h) inquiring into any complaint made to him or her by a person under control or supervision:

• (i) exercising all or any of the powers and functions of a prison manager:

• (j) issuing instructions or guidelines under section 196:

• (k) ensuring that processes are established and maintained to—

  • (i) identify the communities significantly affected by policies and practices in the corrections system; and

  • (ii) provide opportunities for those identified communities to give their views on those policies and practices; and

  • (iii) ensure that those views are taken into account:

• (l) any other powers and functions conferred by or under this Act or regulations made under this Act.

(2) The chief executive must consult with the Commissioner of Police, or any person nominated for the purpose by the Commissioner, about the manner in which powers and functions conferred under this Act or any regulations made under this Act on the chief executive are to be exercised in relation to—

• (a) any Police jail; or

• (b) any prisoner detained in a Police jail.

(3) The chief executive must comply with any general direction given by the Minister under section 7(2).

The Commissioner of Police has, in relation to every Police jail and every prisoner detained in a Police jail, the following powers and functions:

• (a) ensuring the safe custody and welfare of prisoners detained in Police jails:

• (b) the powers and functions conferred by or under this Act or any regulations made under this Act.

Despite anything in sections 41 and 42 of the State Sector Act 1988 or in any other provision of this Act or of any other enactment, the chief executive must not delegate to any staff member of a prison—

• (a) the power to make an application under section 60(1) of the Parole Act 2002 (which relates to the recall of offenders); or

• (b) the power to make an application under section 107 of the Parole Act 2002 (which relates to orders that offenders not be released); or

• (c) the power to designate employees as hearing adjudicators under section 15; or

• (d) the power to appoint inspectors of corrections under section 28; or

• (e) the power to authorise extended periods of detention in a Police jail under section 34(5); or

• (f) the powers conferred by section 58 or section 59(1)(b) (which relate to the segregation of prisoners on the grounds of security, good order, or safety; or for the purpose of protective custody); or

• (g) the power to grant approvals under section 66(5)(a) (which relates to the types and conditions of work to be provided for prisoners); or

• (h) the power to appoint security monitors under section 172; or

• (i) the power to issue guidelines or instructions under section 196; or

• (j) the power to appoint monitors under section 199E(1) or (2); or

• (k) any power, function, or duty conferred or imposed on the chief executive by or under this enactment or any other enactment where the power, function, or duty relates to the review of any act or omission of any staff member of a contract prison.

(1) For every prison (not being a contract prison or a Police jail), the chief executive must appoint under the State Sector Act 1988—

• (a) a suitable person as prison manager; and

• (b) as many other suitable persons as are required as employees.

(2) For every contract prison, the contractor must appoint—

• (a) a suitable person as prison manager; and

• (b) as many other suitable persons as are required as employees.

(3) For every Police jail, the Commissioner of Police must appoint or designate—

• (a) a suitable person as prison manager (who may be called the jail manager); and

• (b) as many other suitable persons as are required as employees.

(4) The chief executive (in the case of a corrections prison), the contractor responsible for managing a contract prison (in the case of a contract prison), or the Commissioner of Police (in the case of a Police jail) may, from time to time,—

• (a) engage any suitable person as an independent contractor to provide non-custodial services in respect of the prison; or

• (b) enter into other arrangements to provide access to those services.

(5) For the purposes of subsection (4), non-custodial services includes (without limitation)—

• (a) chaplaincy, counselling, educational, health, or other specialist services for the prisoners in the prison; or

• (b) any other services provided to assist the rehabilitation of prisoners in the prison and their reintegration into the community; or

• (c) laundry, cleaning, catering, or other services in relation to the prison.

(6) Every prison must have the number of staff members of each gender that is sufficient to ensure that all duties required by this Act or by any regulations made under this Act to be carried out in the prison by staff members, are able to be carried out in that prison.

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

• (a) ensuring that the prison operates in accordance with the purposes set out in section 5 and the principles set out in section 6:

• (b) ensuring the safe custody and welfare of prisoners received in the prison:

• (c) carrying out the functions conferred on the manager by section 33:

• (d) establishing and maintaining processes to—

  • (i) identify the communities significantly affected by policies and practices at the prison; and

  • (ii) provide opportunities for those identified communities to give their views on those policies and practices; and

  • (iii) ensure those views are taken into account:

• (e) any other powers and functions conferred under this Act or regulations made under this Act.

(1) The prison manager may, either generally or particularly, delegate to any other person who has powers or functions under this Act, or who is an employee of the department and in the opinion of the chief executive is suitably qualified to exercise the power or function, any of the powers or functions of the prison manager under this Act or any regulations made under this Act, including powers or functions delegated to the prison manager under this Act.

(2) Subject to any general or special directions given or conditions imposed by the prison manager, the person to whom any powers or functions are delegated under this section may exercise those powers or functions in the same manner and with the same effect as if they had been conferred on that person directly by this Act or any regulations made under this Act, as the case may be, and not by delegation.

(3) Despite anything in subsection (1) or any other enactment, the prison manager must not delegate to any person—

• (a) the power to make rules under section 33; or

• (b) the power of delegation conferred by subsection (1).

(4) The power of the prison manager to delegate under this section—

• (a) is subject to any prohibitions, restrictions, or conditions contained in this Act or any other enactment in relation to the delegation of the prison manager's functions or powers; but

• (b) does not limit any power of delegation conferred on the prison manager by any other enactment.

(5) Every person purporting to act under any delegation under this section must, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

(6) Any delegation under this section—

• (a) must be in writing:

• (b) may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or a specified class of offices:

• (c) may be revoked at any time.

(7) No delegation under this Act affects or prevents the exercise of any power or function by the prison manager, or affects the responsibility of the prison manager for the actions of any person acting under the delegation.

(1) An officer appointed or designated under section 11(1)(b), (2)(b), or (3)(b) to provide custodial services in respect of a prison has the following powers and functions:

• (a) ensuring the safe custody and welfare of prisoners under his or her control:

• (b) any other powers and functions conferred under this Act or regulations made under this Act.

(2) In the exercise of powers and functions referred to in subsection (1), an officer is subject to the directions of the prison manager.

(1) The chief executive must designate in respect of each prison (other than a contract prison or a Police jail) as many suitable employees of the department as hearing adjudicators as are required for the purposes of this Act.

(2) The contractor responsible for the management of a contract prison must designate in respect of that prison as many suitable persons as hearing adjudicators as are required for the purposes of this Act.

(3) The contractor may only designate persons who have been approved for the purpose by the chief executive.

A hearing adjudicator has the following powers and functions:

• (a) the powers and functions conferred on the adjudicator under subpart 5 of Part 2:

• (b) any other powers and functions conferred under this Act or any regulations made under this Act.

(1) The chief executive may appoint under the State Sector Act 1988 as many suitable persons as security officers as are required by the chief executive.

(2) Every security contractor must, subject to the terms of the security contract, appoint or engage as many suitable persons as security officers as are required to carry out the obligations of the security contractor.

(1) A security officer has the following functions in respect of every prisoner who is under that security officer's control while the officer undertakes courtroom custodial duties or escort duties:

• (a) preventing that prisoner's escape from lawful custody:

• (b) preventing, or detecting and reporting on, the commission or attempted commission by that prisoner of unlawful acts:

• (c) ensuring good order and discipline on that prisoner's part:

• (d) attending to that prisoner's well-being:

• (e) attending to the security of any property of that prisoner that is in that prisoner's possession.

(2) A security officer has any other powers and functions that are conferred or imposed on security officers under this Act or under any other enactment.

(3) For the purposes of this Act and any regulations made under this Act, a security officer has, in relation to the performance of the functions set out in subsection (1) and the powers and functions referred to in subsection (2), but only in relation to those powers and functions, all the powers and privileges of an officer.

(1) Every District Court Judge is a Visiting Justice for every prison.

(2) The Governor-General may, on the recommendation of the Minister of Justice, appoint any Justice of the Peace or barrister or solicitor of the High Court to be a Visiting Justice for every prison.

(3) When recommending the appointment of any person under subsection (2), the Minister of Justice must have regard to the desirability of ensuring that the persons holding office under subsection (2) represent a reasonable balance between—

• (a) Justices of the Peace; and

• (b) barristers or solicitors of the High Court.

(4) Every Visiting Justice has the following powers in respect of each prison:

• (a) visiting and inspecting the prison and, at his or her discretion, interviewing any prisoner:

• (b) examining the treatment and conduct of prisoners:

• (c) inquiring into all abuses or alleged abuses within the prison or in connection with it:

• (d) inquiring into any matter referred to him or her by the chief executive:

• (e) for any of the purposes of this section, taking evidence on oath or otherwise:

• (f) determining, under section 87(5), whether to authorise the use of a mechanical restraint for more than 24 hours:

• (g) dealing with offences against discipline in accordance with this Act and any regulations made under this Act:

• (h) reporting in writing to the chief executive on any of the matters referred to in paragraphs (a) to (g) or on any other matters related to the prison, as often as the Visiting Justice considers appropriate, and whenever requested to do so by the chief executive.

(5) Whenever a Visiting Justice reports to the chief executive under subsection (4)(h) about any matter concerning a Police jail or a prisoner detained in a Police jail, the Visiting Justice must forward a copy of his or her report to the Commissioner of Police.

(6) A Visiting Justice appointed under subsection (2)—

• (a) holds office for a term of 3 years; and

• (b) may, from time to time, be reappointed; and

• (c) unless he or she sooner vacates, or ceases to hold, or is removed from office under subsection (7), continues to hold office until his or her successor comes into office, even though the term for which he or she was appointed has expired.

(7) A Visiting Justice appointed under subsection (2)—

• (a) may resign from the office by delivering to the Minister of Justice a notice in writing to that effect and stating when the resignation takes effect:

• (b) ceases to hold office if he or she dies:

• (c) ceases to hold office if he or she is, under the Insolvency Act 2006, adjudged bankrupt:

• (d) may, at any time, be removed from the office by the Governor-General for inability to perform the functions of office, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General:

• (e) has and enjoys, in the performance of his or her duties under this Act, the same protection as a Justice of the Peace acting in his or her criminal jurisdiction has and enjoys under Part 7 of the Summary Proceedings Act 1957.

(1) For every prison (other than a Police jail), there must be 1 or more medical officers responsible for providing medical care and medical treatment to prisoners.

(2) Each medical officer must be a medical practitioner.

(3) Every medical officer must—

• (a) be appointed or engaged under section 11(1)(b), (2)(b), or (4); or

• (b) carry out his or her functions in accordance with arrangements approved by the chief executive.

Every officer, while acting in that capacity, has all the powers, authority, protections, and privileges of a member of the Police (including a constable).

If, in accordance with section 9 of the Defence Act 1990, any part of the Armed Forces (within the meaning of section 2(1) of that Act) is performing any public service in, or in connection with, a prison, every member of that part of the Armed Forces has, while performing that service,—

• (a) all the powers and functions of an officer; and

• (b) all the powers, authority, protections, and privileges of a member of the Police (including a constable).

(1) Despite sections 21 and 22, sections 314A to 314D of the Crimes Act 1961 (which relate to a general power to stop vehicles) do not apply to a member of the armed forces, or an officer who is not also a constable.

(2) Despite sections 21 and 22, section 3(2)(a)(ii) of the Arms Act 1983 (which authorises the possession of firearms and restricted weapons by members of the Police) does not apply to a member of the armed forces, or an officer who is not also a member of the Police..

(3) Despite sections 21 and 22, the following provisions do not apply to a member of the armed forces, or an officer who is not also a constable:

• (a) sections 18 and 18A of the Misuse of Drugs Act 1975 (which confer powers of search and seizure):

• (b) section 13A of the Misuse of Drugs Amendment Act 1978 (which confers powers in relation to internal concealment):

• (c) sections 56 to 58 of the Misuse of Drugs Amendment Act 2005 (which confer enforcement powers in relation to restricted substances):

• (d) sections 200B, 200F, and 200G of the Summary Proceedings Act 1957 (which confer powers in relation to tracking devices).

(1) The chief executive must appoint under the State Sector Act 1988 as many probation officers as are required for the purposes of this Act or any other enactment.

(2) Despite anything in subsection (1), the chief executive may appoint any person, or the holder for the time being of any office or appointment, to act as a part-time probation officer, with all the powers and functions of a probation officer, if there are insufficient duties to justify the appointment of a full-time probation officer under that subsection.

(3) The chief executive may designate persons to carry out any particular function or functions, or to exercise any particular power or powers, of a probation officer that the chief executive may specify in respect of that person.

(4) The chief executive may designate persons appointed under this section to manage or work at 1 or more community work centres within any probation area.

(5) Any appointment or designation under this section may be combined with any office, appointment, or position if the chief executive is satisfied that the functions of that office, appointment, or position are not inconsistent with those of a probation officer.

(6) Any person appointed under subsection (2) may be paid out of money appropriated by Parliament for the purpose any remuneration by way of salary or fees, and any allowances, that are determined by the Minister.

(7) In this section and in sections 25 and 27, probation area has the same meaning as in section 4(1) of the Sentencing Act 2002.

(1) It is the function of every probation officer—

• (a) to supervise all persons placed under the officer's supervision under a sentence of supervision or intensive supervision or community detention or home detention, or while serving a sentence of imprisonment on home detention, and to ensure that the conditions of the sentence or of the release are complied with:

• (ab) to supervise all persons placed under the officer's supervision under an extended supervision order made under Part 1A of the Parole Act 2002, and to ensure that the conditions of the order are complied with:

• (ac) to supervise all offenders released on parole and to ensure that the conditions of parole are complied with:

• (ad) to supervise offenders released on compassionate release under section 41 of the Parole Act 2002 and to ensure that the conditions of release (if any) are complied with:

• (b) to arrange and administer community-based sentences and sentences of home detention imposed under section 80A of the Sentencing Act 2002 referred to the officer for that administration, and to ensure that the sentences are carried out:

• (c) to co-ordinate and arrange community involvement (including the use of volunteers) in the administration of any particular community-based sentence or sentence of home detention imposed under section 80A of the Sentencing Act 2002, or any particular release under the Parole Act 2002, where appropriate and in accordance with any instructions issued by a controlling officer:

• (d) to arrange, provide, and monitor rehabilitative and reintegrative programmes or related services for offenders, where appropriate, if directed to do so by a controlling officer:

• (e) to provide all the reports and information that a court, the New Zealand Parole Board, or a prison manager may require under any enactment:

• (f) to perform any other function that is prescribed by or under this Act or any other enactment.

(2) It is the function of every probation officer or person who is designated or appointed to manage or be employed at a community work centre—

• (a) to monitor the compliance by offenders with the conditions of the sentence of community work; and

• (b) to ensure that authorised work is available for offenders sentenced to community work; and

• (c) to perform any other function that is prescribed by or under this Act or any other enactment; and

• (d) to report to the controlling officer in the officer's probation area on the matters specified in paragraphs (a) to (c) and on any other matter relating to community work that he or she thinks fit.

(3) A probation officer may commence or prosecute any proceedings in any court on behalf of any other probation officer.

A probation officer may delegate, in writing, to any suitably trained employee of the department his or her powers to control, direct, and supervise offenders subject to a sentence of community work in accordance with section 65 of the Sentencing Act 2002.

(1) The chief executive must appoint under the State Sector Act 1988 a controlling officer for each probation area.

(2) A controlling officer must oversee the administration of all community-based sentences or sentences of home detention imposed under section 80A of the Sentencing Act 2002 being served in his or her probation area and is responsible for probation officers and community work centres in that area.

(3) Subject to any directions given by the chief executive, a controlling officer may delegate, in writing, to any probation officer or to any other officer or employee of the department all or any of his or her powers and functions as a controlling officer in respect of his or her probation area.

(4) A person appointed or designated to manage a community work centre may, if permitted by a delegation referred to in subsection (3), delegate to any employee engaged at the centre any power so delegated.

(5) The fact that any officer or employee of the department exercises or performs any power or function of a controlling officer is conclusive evidence of his or her authority to do so.

(6) A controlling officer has and may exercise all the powers of a probation officer in respect of his or her probation area.

The chief executive must appoint as many suitable employees of the department as inspectors of corrections as are required for the purposes of this Act.

(1) Inspectors of corrections have the following powers and functions:

• (a) the powers and functions conferred by subpart 6 of Part 2:

• (b) visiting and inspecting any prison, community work centre, probation office, or other place (including a dwellinghouse) at which a person under control or supervision is or was detained or required to attend, work, or live, and, at his or her discretion, interviewing any person who is or was under control or supervision:

• (c) examining the treatment and conduct of persons who are or were under control or supervision:

• (d) inquiring into all abuses or alleged abuses relating to the management of the sentence of a person who is or was under control or supervision:

• (e) inquiring into any matter referred to him or her by the chief executive:

• (f) for the purposes of this section, taking evidence under oath, or otherwise:

• (g) reporting in writing to the chief executive on any of the matters outlined above, or any other matter relating to any prison, community work centre, probation office, or any other place (including a dwellinghouse) at which a person under control or supervision is required to attend, work, or live, as often as he or she sees fit, and whenever he or she is requested to do so by the chief executive:

• (h) any other powers and functions conferred under this Act or any other enactment.

(2) Whenever an inspector of corrections reports to the chief executive under subsection (1)(g) about any matter concerning a Police jail or a prisoner detained in a Police jail, the inspector must forward a copy of his or her report to the Commissioner of Police.

(1) The Minister may, by notice in the Gazette, declare any land or building or any part of any land or building to be a community work centre.

(2) The Minister may, in the same way, declare any land or building or any part of any land or building to be added to, or excluded from, any community work centre.

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

(1) The chief executive may make any rules that the chief executive considers appropriate for—

• (a) the management of any community work centre; and

• (b) the conduct and welfare of the offenders subject to a sentence of community work while carrying out that sentence at a community work centre or at any other place.

(2) Any rules made under subsection (1) may be made for—

• (a) community work centres, or for any community work centre or class of community work centres specified in the rules:

• (b) all offenders subject to a sentence of community work or any class of those offenders specified in the rules.

(3) Any rules made under subsection (1) must not be inconsistent with this Act, the Sentencing Act 2002, the Parole Act 2002, or any regulations made under any of those Acts.

(1) The Minister may, by notice in the Gazette, declare any land or building or any part of any land or building to be either or both of the following kinds of prison:

• (a) a corrections prison:

• (b) a Police jail.

(2) The Minister may, in the same way, declare any land or building or any part of any land or building to be added to, or excluded from, any prison.

(2A) Nothing in section 9 of the Resource Management Act 1991 applies to the detention of prisoners in a court cell block that is declared by notice in the Gazette to be a part of a corrections prison.

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

(4) Despite subsections (1) to (3), the Minister may, by notice in writing, declare any land or building, or part of any land or building that is the subject of a direction under section 191 (which relates to requisitioned property) to be a temporary corrections prison.

(5) A declaration under subsection (4)—

• (a) comes into effect on the date of the declaration:

• (b) continues in force until the Minister, by notice in writing, declares that the land and buildings that were the subject of the declaration under subsection (4) are no longer required for use as a temporary corrections prison.

(6) The Minister must—

• (a) make a declaration under subsection (5)(b) in respect of any land and buildings as soon as practicable after receiving a notice from the chief executive under section 194(2)(a) relating to the land and buildings in question:

• (b) publish in the Gazette a notice of any declaration under subsection (4) or subsection (5)(b) as soon as practicable after the declaration is made.

(1) The chief executive may authorise the manager of a corrections prison to make rules that the manager considers appropriate for the management of the prison and for the conduct and safe custody of the prisoners.

(2) The Commissioner of Police may authorise the manager of a Police jail to make rules that the manager considers appropriate for the management of the prison and for the conduct and safe custody of the prisoners.

(3) An authorisation given by the chief executive or the Commissioner of Police under subsection (1) or subsection (2) may be subject to—

• (a) any conditions imposed by the chief executive or, as the case requires, the Commissioner of Police:

• (b) any limitations placed on the scope or subject matter of the rules by the chief executive or, as the case requires, the Commissioner of Police.

(4) Any rules made under subsection (1) or subsection (2) may be revoked at any time by the prison manager and,—

• (a) in the case of rules made by the manager of a corrections prison, by the chief executive:

• (b) in the case of rules made by the manager of a Police jail, by the Commissioner of Police.

(5) Any rules made under subsection (1) or subsection (2) must not be inconsistent with this Act, the Sentencing Act 2002, the Parole Act 2002, or any regulations made under any of those Acts.

(1) A person who is sentenced to imprisonment (other than a person who is serving a sentence of imprisonment on home detention) must serve the sentence in a corrections prison.

(2) Despite subsection (1), any person sentenced to imprisonment may be detained in a Police jail on 1 or more occasions for a period not exceeding—

• (a) the maximum period of detention; or

• (b) any longer period required for the purposes of section 65(1) or for the purposes of giving effect to an order under section 65(3).

(3) A person may be held in custody on remand in—

• (a) any Police jail on 1 or more occasions for a period not exceeding—

  • (i) the maximum period of detention; or

  • (ii) any longer period required for the purposes of section 65(1)(a) or for giving effect to an order under section 65(3); or

• (b) any corrections prison designated for the purpose by the chief executive.

(4) Subsections (1) to (3) are subject to the provisions of this Act and any other enactment.

(5) In this section, maximum period of detention, in relation to any prisoner, means—

• (a) a period of detention not exceeding 7 days; or

• (b) if the chief executive considers that there is a shortage of accommodation in corrections prisons in the relevant area, or that the safety of the prisoner is in danger, one period of detention not exceeding 14 days after the date on which the chief executive authorises that extended period of detention in a Police jail; or

• (c) if a Visiting Justice is satisfied, on application by the chief executive after the chief executive has given an authorisation under paragraph (b), that—

  • (i) there is a shortage of accommodation in corrections prisons in the relevant area or that the safety of the prisoner is in danger; and

  • (ii) a further period of detention in a Police jail that extends beyond the period authorised under paragraph (b) is justified,—

  a period of detention not exceeding 14 days after the date on which the Visiting Justice authorises that extended period of detention in a Police jail.

(6) The chief executive must consult with the Commissioner of Police before exercising the power conferred by subsection (5)(b).

(7) In this section, references to persons sentenced to imprisonment include references to persons committed to prison or otherwise liable to be detained in custody, except for the purposes of any remand pending or during trial or sentence.

(1) While any prisoner or other person in custody is being taken to or from any prison, he or she may be detained in any other prison or in a Police station or hospital.

(2) A prisoner may, for the purposes of section 65(1) or for the purposes of giving effect to an order under section 65(3) be held in—

• (a) any prison; or

• (b) a hospital, Police station, or other place authorised by the court or Judge or Registrar—

  • (i) for not more than 7 days; or

  • (ii) for any longer period that the court or Judge or Registrar considers necessary or appropriate and specifies in the order.

While any person is detained in a Police station under section 35, the Police station is deemed to be a Police jail and the constable in charge of the station is deemed to be the prison manager within the meaning of this Act.

(1) Except where otherwise allowed by law, no person may be received in a prison without a valid committal order.

(2) Any committal order issued, whether before or after the commencement of this Act, for the detention of any person in any specified prison is sufficient authority for the reception and detention of that person in any other prison to which he or she might have been committed.

(3) Any committal order identifying the prison by reference to its location or by any other sufficient description is not invalid by reason only that the prison is usually known by another name or description.

(4) In this section, committal order includes any warrant, writ, order, direction, or authority requiring the detention of any person.

(1) The chief executive has the legal custody of—

• (a) every person lawfully detained in a corrections prison:

• (b) every person under the control of a security officer or officer of a corrections prison, while that person carries out courtroom custodial duties or escort duties.

(2) The Commissioner of Police has the legal custody of—

• (a) every person lawfully detained in—

  • (i) a Police jail; or

  • (ii) if section 35 applies, a Police station:

• (b) every person under the control of a Police employee, while that person carries out courtroom custodial duties or escort duties.

(3) Legal custody under subsection (1) commences as soon as the person is received within a corrections prison or placed under the control of any security officer or officer of a corrections prison and continues while the person—

• (a) is detained in the prison; or

• (b) is for any reason outside the prison under the control or supervision of any security officer or officer of a corrections prison, staff member of a corrections prison, or probation officer, under the authority of this Act.

(4) Legal custody under subsection (2) commences as soon as the person is received within a Police jail or is placed under the control of a Police employee and continues while the person—

• (a) is detained in the prison; or

• (b) is for any reason outside the prison under the control of any Police employee, under the authority of this Act.

(5) Despite subsections (3) and (4), a person who is temporarily released from custody under section 62 or under any other enactment is not in legal custody at any time while he or she is at large following his or her release.

(6) If any prisoner is for any reason outside a prison under the control or supervision of any probation officer under the authority of this Act, that probation officer has the powers of an officer to give any lawful order to the prisoner, and is an officer for the purposes of the following provisions:

• (a) section 21 (which relates to the protection of officers in the discharge of their functions):

• (b) section 40 (which requires prisoners to obey lawful orders):

• (c) section 128(1) (which relates to offences by prisoners against discipline):

• (d) section 184 (which relates to the arrest of persons unlawfully at large).

(7) The status of any person under this section as a person in the legal custody of the chief executive or the Commissioner of Police, as the case may be, is not affected by the person's presence in a courtroom (whether or not, for the purposes of any other enactment, the person is also in the custody of the court before, during, or after that period).

(8) However, any security officer, other officer, or Police employee who is responsible for the control or supervision of the prisoner under this Act must—

• (a) carry out, or facilitate the carrying out of, any directions given by the presiding Judge about the treatment or containment of the prisoner while the prisoner is on court premises; and

• (b) facilitate the exercise of powers by a courts security officer under section 26 of the Courts Security Act 1999 in relation to the prisoner.

(1) If, owing to the illness or incapacity of the officer, staff member, or probation officer having the control or supervision of any prisoner outside the prison, or for any other reason, that control or supervision ceases, the prisoner must return to the prison immediately.

(2) If the prisoner fails, without reasonable excuse (the proof of which lies on the prisoner), to return, he or she is deemed to have escaped from lawful custody and to be unlawfully at large, and is liable accordingly.

A prisoner must promptly obey every lawful order given to him or her by—

• (a) an officer; or

• (b) a staff member.

(1) A prisoner may, if an officer directs,—

• (a) be photographed:

• (b) have his or her measurements taken:

• (c) have his or her fingerprints taken:

• (d) be required to undergo any other prescribed procedure designed to create a record to enable the subsequent identification of the prisoner.

(2) No procedure that purports to authorise the taking of a bodily sample from a prisoner may be prescribed for the purposes of subsection (1)(d).

(3) The powers conferred by subsection (1)—

• (a) may be exercised only for the purpose of facilitating the management and security of the prison; and

• (b) must be exercised subject to the provisions of this Act and any other enactment.

(4) If necessary, reasonable force may be used by an officer to compel the prisoner to submit to the taking of photographs, measurements, fingerprints, or other prescribed procedures.

(5) The chief executive must ensure that, if the prisoner is a person accused of an offence and is subsequently acquitted, all photographs (including any negatives or digital or other records of the photographs) and fingerprints taken during the prisoner's detention in respect of the charge, and any record of identifying information created in reliance on subsection (1) during that period, are immediately destroyed.

(1) The manager of a prison must ensure that, on the reception of a prisoner in the prison, or reasonably promptly after the prisoner is received, the prisoner is given, in writing, relevant information on the operation and rules of the prison made under section 33 and the entitlements of prisoners.

(2) The manager of a prison must ensure that, on the reception into the prison of a prisoner who is a citizen of another country, or promptly after the prisoner is received, the prisoner is given, in writing, advice that—

• (a) the prisoner may require the manager to inform a consular representative of the country of which the prisoner is a citizen of his or her detention; and

• (b) any correspondence addressed to a representative by the prisoner will be forwarded to that representative without delay.

(1) A prisoner may be issued with, or allowed to keep, any property declared to be authorised property by regulations made under this Act subject to—

• (a) the condition described in section 44(1); and

• (b) any special conditions imposed by the prison manager relating to the use of the property; and

• (c) any condition set out in regulations made under this Act.

(2) Despite subsection (1), the prison manager may refuse to issue or allow a prisoner to keep an item of property if he or she has reasonable grounds to believe that—

• (a) the item may be used to injure the prisoner or any other person, or to damage property; or

• (b) the item is a camera, tape recorder, or electronic device that may be used to record security features or actions in the prison; or

• (c) the item may be used to circumvent practices or procedures in the prison; or

• (d) the item has been obtained through coercion of a prisoner or as a result of other improper behaviour; or

• (e) the item is objectionable; or

• (f) the item may assist a prisoner to—

  • (i) discover new methods of committing offences; or

  • (ii) continue offending; or

• (g) the item may interfere with the effective management of the prison.

(3) Despite subsection (1), the prison manager may refuse to issue or allow a prisoner to keep any item of authorised property—

• (a) if the prisoner is—

  • (i) subject to a penalty of forfeiture of privileges imposed under subpart 5 of Part 2; or

  • (ii) the subject of a direction under section 60 for the reason described in section 60(1)(b) (which relates to assessing or ensuring the prisoner's mental health); or

  • (iii) subject to cell confinement imposed as a penalty under subpart 5 of Part 2; or

• (b) if the prisoner is detained in a Police jail and, in the opinion of the manager, having regard to the facilities available at the Police jail and the resources available, it is not practicable to allow the prisoner to keep the item; or

• (c) in any other circumstances specified in regulations made under this Act.

(1) The condition referred to in section 43(1)(a) is that, before the item is issued to the prisoner, the prisoner must acknowledge in writing that—

• (a) the prisoner accepts full responsibility for the property; and

• (b) the corrections authorities are not liable for any loss of, or damage to, the property; and

• (c) the property may not be transferred to another prisoner without the prior approval of the prison manager; and

• (d) the prisoner will comply with any special conditions imposed under section 43(1)(b).

(2) This section does not—

• (a) apply to any item of property declared by regulations made under this Act as prison property to which this section does not apply; or

• (b) apply to any property while it is under the immediate control and supervision of any of the corrections authorities; or

• (c) limit any conditions set out in regulations made under this Act relating to the issue, keeping, or transfer of authorised property.

(3) In this section, the corrections authorities include the following:

• (a) the Crown:

• (b) a staff member:

• (c) a contractor:

• (d) an employee of a contractor:

• (e) a security contractor:

• (f) an employee of a security contractor:

• (g) a constable:

• (h) a security officer.

(1) An item of prisoner property may be destroyed or disposed of in a manner approved by the prison manager if the prison manager considers the item to be—

• (a) a dangerous item or substance; or

• (b) a health hazard; or

• (c) inflammable; or

• (d) intoxicating liquor; or

• (e) a controlled drug (within the meaning of the Misuse of Drugs Act 1975); or

• (f) objectionable; or

• (g) perishable.

(2) An item of prisoner property may be destroyed or disposed of in a manner approved by the prison manager if the prison manager requires the item to be removed from the prison in accordance with any regulations made under this Act, and the prisoner concerned fails to comply with that requirement reasonably promptly.

(3) Any destruction of a prisoner's property must be carried out in the prisoner's presence unless—

• (a) destruction in his or her presence is dangerous or impracticable; or

• (b) the prisoner cannot be identified or located.

(1) The chief executive must ensure that 1 or more trust accounts in which money belonging to prisoners is held exclusively for particular prisoners are opened and operated.

(2) A trust account must be operated and maintained in the prescribed manner.

(3) A prisoner must be paid all the money held exclusively for the prisoner in a trust account when the prisoner is discharged from a prison.

(4) If a prisoner dies while in legal custody,—

• (a) the entries in any trust account that relate to the prisoner must be balanced as at the date of death; and

• (b) any money held exclusively for that prisoner must be paid to the executor or administrator of the prisoner's estate.

(5) The chief executive must ensure that, in respect of each corrections prison, a purchasing system is established through which prisoners may buy approved items.

(6) A prisoner may buy an item through the purchasing system only if the prisoner—

• (a) uses money held exclusively for him or her in the trust account; and

• (b) has enough money in the trust account to buy it.

(1) The chief executive must ensure that every prisoner who is subject to a sentence of imprisonment for a term exceeding 3 months is assigned a security classification that reflects the level of risk posed by that prisoner while inside or outside prison, including the risk of escape and the risk that escape would pose to the public.

(2) Subsection (1) does not apply in respect of any prisoner who is released on home detention within 3 months of the commencement of his or her sentence.

(3) The security classification of each prisoner must—

• (a) be undertaken and reviewed in the prescribed manner; and

• (b) be reviewed—

  • (i) at least once in every 6 months, unless an exemption from this requirement is prescribed; or

  • (ii) whenever there is a significant change in the prisoner's circumstances.

(4) For the purposes of subsection (3)(b)(ii), there is a significant change in a prisoner's circumstances if—

• (a) there is a change to the length of the period that the prisoner is required to serve in detention (whether as a consequence of the imposition of another sentence or as a consequence of an increase, or reduction, of the term of the prisoner's existing sentence, on appeal or otherwise); or

• (b) the prisoner escapes, or attempts to escape; or

• (c) the prisoner does anything that, in the opinion of the prison manager, involves serious misconduct; or

• (d) in the opinion of the prison manager, there is an event, or a change in the prisoner's circumstances or behaviour, that indicates that the prisoner's present security classification may be inappropriate.

(1) If a security classification is assigned to a prisoner, or the security classification assigned to a prisoner is changed, the manager of the prison in which the prisoner is detained must ensure that the prisoner is promptly informed in writing of—

• (a) that classification or, as the case may be, that changed classification; and

• (b) the reasons for the assignment of that classification or, as the case may be, that changed classification.

(2) A prisoner who is dissatisfied with the security classification for the time being assigned to that prisoner may apply to the chief executive for a reconsideration of that classification, and the chief executive must ensure that the security classification is reconsidered promptly in the prescribed manner.

(3) Despite subsection (2), a prisoner may not make an application under subsection (2) if the security classification that applies to the prisoner was reconsidered, as a consequence of an earlier application under subsection (2), within the previous 6 months.

(4) Whenever a security classification is assigned to a prisoner or a security classification assigned to a prisoner is reconsidered, the prisoner must be informed in writing of the decision.

The chief executive must ensure that—

• (a) every prisoner is assessed promptly after reception at a prison to identify any immediate physical or mental health, safety, or security needs; and

• (b) any needs identified by that assessment are addressed.

The chief executive must ensure that, as far as is practicable, every prisoner is provided with an opportunity to make constructive use of his or her time in prison.

(1) This section applies to every prisoner who is—

• (a) sentenced to imprisonment for a term of more than 2 months; or

• (b) in custody for a continuous period of more than 2 months on remand.

(2) The chief executive must ensure that an individual management plan is devised for every prisoner to whom this section applies.

(3) Each plan must be prepared, and revised at regular intervals, in accordance with any prescribed requirements and any relevant instructions issued under section 196.

(4) Each plan must—

• (a) be based on an assessment of the needs, capacities, and disposition of the prisoner; and

• (b) make provision for the safe, secure, and humane containment of the prisoner; and

• (c) outline how the prisoner can make constructive use of his or her time in the prison (including, in the case of a person sentenced to imprisonment, ways of addressing offending behaviour and preventing reoffending); and

• (d) outline how the prisoner may be prepared for eventual release from the prison and successful reintegration into the community; and

• (e) include any prescribed matter or other matter required to be included in the plan by instructions issued under section 196; and

• (f) be consistent with the resources available to the chief executive to manage the prisoner.

The chief executive must ensure that, to the extent consistent with the resources available and any prescribed requirements or instructions issued under section 196, rehabilitative programmes are provided to those prisoners sentenced to imprisonment who, in the opinion of the chief executive, will benefit from those programmes.

(1) A prisoner may be transferred, on the direction of the chief executive, from any prison to any other prison in which he or she may be lawfully detained.

(2) A prisoner may be transferred, on the direction of an inspector of corrections, from any prison to any other prison in which he or she may be lawfully detained if the inspector considers it necessary to transfer the prisoner to avoid or reduce any immediate danger to the prisoner or any other person.

(3) A direction given by an inspector of corrections under subsection (2) may be revoked at any time by the chief executive.

(1) A prisoner may be transferred by the chief executive from one prison to another for 1 or more of the following reasons:

• (a) to assist in reducing the likelihood of reoffending by the prisoner:

• (b) to assist in facilitating the—

  • (i) rehabilitation of the prisoner; or

  • (ii) reintegration of the prisoner into the community on his or her release:

• (c) to place that prisoner in a prison closer to his or her family:

• (d) to respond to the needs of that prisoner, as identified in the management plan:

• (e) to ensure the safety of that prisoner or any other person:

• (f) to implement a change in the security classification of that prisoner:

• (g) to provide medical or psychiatric care for that prisoner:

• (h) to reduce the risk of self-harm by that prisoner if he or she is identified as being at risk:

• (i) to reduce the risk to that prisoner if he or she is identified as being vulnerable to mistreatment by other prisoners:

• (j) to grant a request by a prisoner for a transfer.

(2) A prisoner may be transferred by the chief executive from one prison to another in order to ensure compliance with the requirements of this Act or any regulations made under this Act concerning—

• (a) the separation of convicted prisoners from accused prisoners; or

• (b) the separation of prisoners who are under a specified age from prisoners who are of or over that age.

(3) A prisoner may be transferred by the chief executive from one prison (the first prison) to another prison—

• (a) to restore or maintain the security and order of the first prison:

• (b) to enable effective management of the national prisoner muster:

• (c) to allow repairs or alterations at the first prison:

• (d) in response to the closure or change of use of the first prison or part of that prison.

(4) When considering whether to transfer a prisoner for 1 or more of the reasons set out in subsection (1) or when considering how a transfer for 1 or more of the reasons set out in subsection (2) or subsection (3) is to be effected, the chief executive must, as far as is reasonably practicable, have regard to—

• (a) the desirability of providing the least restrictive environment for the prisoner that is consistent with the maintenance of public safety and the safety of staff members and other prisoners; and

• (b) the need to facilitate the rehabilitation and reintegration of the prisoner into the community, taking into account the availability and location of appropriate services and programmes that will contribute to the achievement of those objectives; and

• (c) the desirability of ensuring that the prisoner is detained at a location as close as is practicable to his or her family.

(5) A decision by the chief executive to transfer a prisoner must be made in the prescribed manner.

(1) A prisoner must be—

• (a) informed of an impending transfer, and the destination, at least 7 days in advance; and

• (b) provided with a reasonable opportunity to inform a member of his or her family of the impending transfer, and the destination, before the transfer is made.

(2) Subsection (1) does not apply if—

• (a) the prisoner to be transferred is expected to create a management difficulty before the transfer is made or as a result of the transfer; or

• (b) the transfer is being made because there are reasonable grounds to believe that the safety of the prisoner or others at the prison within which the prisoner currently resides is at risk; or

• (c) the transfer is being made to restore or maintain the security and order of the prison from which the prisoner is being transferred; or

• (d) the transfer is being made to allow for the effective management of the national prisoner muster; or

• (e) the transfer is being made under section 65(1) or (3) (which relates to removal for judicial purposes).

(3) A prisoner to whom subsection (2)(a), (b), or (c) applies must, on arrival at the destination, be allowed 1 free phone call within New Zealand to advise a member of his or her family of that destination.

(4) Subsection (3) does not apply to a prisoner if that prisoner—

• (a) is informed of the impending transfer and the destination; and

• (b) is provided with a reasonable opportunity to inform a member of his or her family of the impending transfer before it is made.

(5) A prisoner to whom subsection (2)(d) applies must be informed of the transfer before departure and, if the prisoner does not have a reasonable opportunity to inform a member of his or her family before the transfer is made, then, on arrival at the destination, that prisoner must be allowed 1 free phone call within New Zealand to advise a member of his or her family of that destination.

(1) A prisoner who is transferred from one prison to another under section 53(1) may ask the manager of the prison from which the prisoner was transferred to specify the reasons for the prisoner's transfer.

(2) A request under subsection (1) must—

• (a) be in writing; and

• (b) be forwarded to the manager within 1 month after the prisoner has been transferred to the other prison.

(3) Reasonably promptly, and in any case no later than 1 month, after receiving a request under subsection (1), the manager must inform the prisoner, in writing, of the reasons for the prisoner's transfer.

The opportunity of a prisoner to associate with other prisoners may be restricted or denied in accordance with sections 58 to 60.

(1) The prison manager may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if, in the opinion of the manager,—

• (a) the security or good order of the prison would otherwise be endangered or prejudiced; or

• (b) the safety of another prisoner or another person would otherwise be endangered.

(2) If a direction is given under subsection (1),—

• (a) the prisoner concerned must promptly be given the reasons in writing for the direction and any subsequent direction under subsection (3)(c):

• (b) the chief executive must promptly be informed of the direction and the reasons for it.

(3) A direction under subsection (1)—

• (a) must be revoked by the prison manager if there ceases to be any justification, under subsection (1), for continuing to restrict or deny the opportunity of the prisoner to associate with other prisoners:

• (b) may be revoked at any time by the chief executive or a Visiting Justice:

• (c) expires after 14 days unless, before it expires, the chief executive directs that it continue in force:

• (d) if it continues in force because of a direction under paragraph (c), must—

  • (i) be reviewed by the chief executive at intervals of not more than 1 month:

  • (ii) expire after 3 months unless a Visiting Justice directs that it continue in force:

• (e) if it continues in force because of a direction under paragraph (d)(ii), must be reviewed by a Visiting Justice at intervals of not more than 3 months.

(1) The prison manager may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if—

• (a) the prisoner requests that his or her opportunity to associate be restricted or denied and the manager considers, having regard to any information supplied by the prisoner or otherwise available to the manager, that it is in the best interests of the prisoner to give that direction; or

• (b) the prison manager is satisfied that—

  • (i) the safety of the prisoner has been put at risk by another person; and

  • (ii) there is no reasonable way to ensure the safety of the prisoner otherwise than by giving that direction.

(2) If a direction is given under subsection (1)(a),—

• (a) the direction is ineffective unless, either before or after the giving of the direction, the prisoner concerned gives his or her consent in writing to the giving of the direction:

• (b) the direction ceases to have effect if the prisoner withdraws his or her consent to the giving of the direction, but the prison manager may give a further direction under subsection (1)(b) without that prisoner's consent if subsection (1)(b) applies.

(3) If a direction is given under subsection (1)(b),—

• (a) the prisoner concerned must promptly be given the reasons in writing for the direction, and any subsequent direction under subsection (4)(c):

• (b) the chief executive must promptly be informed of the direction and the reasons for it.

(4) If a direction is given under subsection (1)(b), the direction—

• (a) must be revoked by the prison manager if there ceases to be any justification, under subsection (1)(b), for continuing to restrict or deny the opportunity of the prisoner to associate with other prisoners:

• (b) may be revoked, at any time, by the chief executive:

• (c) expires after 14 days unless, before it expires, the chief executive directs that it continue in force:

• (d) must, if it continues in force because of a direction under paragraph (c), be reviewed by the chief executive at intervals of not more than 3 months.

(1) A prison manager may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if a medical officer of the prison recommends that a direction of this kind is desirable for either or both of the following reasons:

• (a) in order to assess or ensure the prisoner's physical health:

• (b) in order to assess or ensure the prisoner's mental health (including, without limitation, the risk of self-harm).

(2) If a direction is given under this section,—

• (a) the prisoner concerned must promptly be given the reasons for the direction in writing:

• (b) the chief executive must promptly be informed of the direction and the reasons for it.

(3) A direction under this section continues in force while the prisoner continues to be detained in the prison unless the prison manager or the chief executive revokes it.

(4) The prison manager may not revoke a direction under this section unless the medical officer advises that there has ceased to be any justification, under subsection (1), for continuing to restrict or deny the opportunity of the prisoner to associate with other prisoners.

(5) While a direction under this section is in force, unless the medical officer directs otherwise, the prison manager must ensure that a registered health professional visits the prisoner concerned—

• (a) at least once per day; or

• (b) if the prisoner is assessed to be at risk of self-harm, at least twice per day.

(1) A prisoner who is subject to a direction under section 58, section 59, or section 60 must be provided with accommodation with prescribed items and features that meets prescribed standards.

(2) Those items, features, and standards may—

• (a) differ from the items and features provided in, or the standards required to be met for, accommodation for prisoners who are not subject to a direction under section 58, section 59, or section 60:

• (b) differ depending on whether the direction was issued under section 58, section 59, or section 60:

• (c) differ depending on the particular reason for the issue of a direction under any of those sections.

(1) This section applies to every prisoner who is a member of a class of prisoners specified in regulations made under this Act as a class of prisoners who may be—

• (a) temporarily released from custody under this section; or

• (b) temporarily removed from prison under this section while remaining in custody under the control or supervision of an officer, staff member, or probation officer during the period of removal.

(2) The chief executive may give authority for the temporary release from custody or temporary removal from prison of a prisoner to whom this section applies—

• (a) for any purpose specified in regulations made under this Act that the chief executive considers will facilitate the achievement of 1 or more of the following objectives:

  • (i) the rehabilitation of the prisoner and his or her successful reintegration into the community (whether through release to work (including self-employment), to attend programmes, or otherwise):

  • (ii) the compassionate or humane treatment of the prisoner or his or her family:

  • (iii) furthering the interests of justice; or

• (b) in any circumstances that, in the opinion of the chief executive, are exceptional and that will facilitate the achievement of 1 or more of the objectives described in paragraph (a).

(3) In exercising the powers conferred by subsection (2), the chief executive must consider—

• (a) whether the release or removal of the prisoner might pose an undue risk to the safety of the community while the prisoner is outside the prison:

• (b) the extent to which the prisoner should be supervised or monitored while outside the prison:

• (c) the benefits to the prisoner and the community of removal or release in facilitating the reintegration of the prisoner into the community:

• (d) whether removal or release would undermine the integrity of any sentence being served by the prisoner.

(1) Any temporary release from custody under section 62 is for a period fixed by the chief executive and may be subject to conditions imposed by the chief executive.

(2) The chief executive or the prison manager may, at any time, direct the return to a prison of any person temporarily released from custody under section 62.

(3) Every person temporarily released from custody under section 62 is deemed to be unlawfully at large if he or she—

• (a) is at large after the expiry of the period for which he or she was so released; or

• (b) is at large after the giving of a direction for his or her return to a prison under subsection (2); or

• (c) breaches any condition imposed under subsection (1) requiring the person to stay at any place or within any geographical area, to stay with a particular person or group, or to attend a particular programme or course.

(4) If any person released under this section is at large without reasonable excuse (the proof of which excuse lies on him or her) after the expiry of the period for which he or she was released, after the giving of a direction under subsection (2), or after the person breaches any condition referred to in subsection (3)(c), he or she is deemed to have escaped from lawful custody and is liable accordingly.

Any temporary removal from prison under section 62—

• (a) is for a period fixed by the chief executive; and

• (b) is subject to the condition that the person removed must be under the control or supervision of an officer, a staff member, or a probation officer during the period of removal; and

• (c) may be subject to any other condition imposed by the chief executive.

(1) A prisoner may be—

• (a) brought up for trial, summary hearing, or sentence (or for any bail application, remand, adjournment, or other ancillary proceeding); and

• (b) removed by or under the direction of the prison manager from one prison to another or from one place of confinement to another for any of these purposes or for the purpose of undergoing sentence.

(2) Subsection (3) applies if—

• (a) a prisoner is charged with an offence, not being the offence for which the prisoner is in custody; or

• (ab) a prisoner is the subject of an application under Part 1A of the Parole Act 2002 for an extended supervision order or for the extension of an extended supervision order; or

• (b) in any other case, the interests of justice require the attendance for judicial purposes of a prisoner.

(3) If this subsection applies, any court or Judge or Registrar may, by order in writing, direct the manager of the prison in which the prisoner is detained to bring the prisoner, or to ensure that the prisoner is brought, before the court or, as the case may require, to arrange the attendance of the prisoner for those judicial purposes, as often as is necessary, and the manager must obey the order.

(4) The court or Judge or Registrar making any order under subsection (3) must, if the order is made in a civil proceeding, and may, if it is made in any other proceeding, require any person applying for the order to deposit a sum sufficient to pay the expenses of bringing the prisoner before the court or, as the case may require, arranging the attendance of the prisoner for judicial purposes, and returning the prisoner to the prison in which he or she is required by law to be detained.

(5) In subsection (4), expenses, in relation to a prisoner, includes the expenses of the prisoner's maintenance and custody from the time the prisoner leaves the prison until the time he or she returns.

(1) Every prisoner (other than a prisoner who is only awaiting trial or on remand or who is detained under the Immigration Act 1987) may, while in custody,—

• (a) be employed in any work that is directed or provided by the prison manager; and

• (b) be employed in that work outside the prison in which he or she is detained.

(2) A prisoner who is detained only because he or she is awaiting trial or on remand or who is detained under the Immigration Act 1987 may be employed under this section if he or she asks to be employed.

(3) Earnings at a rate or rates approved by the Minister may be—

• (a) credited to each prisoner employed under this section; or

• (b) applied or paid in accordance with regulations made under this Act; or

• (c) dealt with under both paragraphs (a) and (b).

(4) The manager of a prison in which any industry provides work under this section to prisoners in that prison must ensure that, in the operation of that industry, there are adopted only those accounting methods that are from time to time approved by the chief executive.

(5) Prisoners may—

• (a) be employed under this section only in work of a kind described in subsection (6) that is approved by the chief executive and under the conditions approved by the chief executive; and

• (b) only be directed, under subsection (1)(a), to perform work of a kind specified in subsection (6)(b).

(6) The work referred to in subsection (5) is work that is—

• (a) intended to provide the prisoner with work experience or to assist his or her rehabilitation or reintegration into the community; or

• (b) intended to reduce the costs of keeping prisoners in custody (for example, cooking, cleaning, and maintenance within the prison or any other prison).

(7) Any work in which a prisoner is employed under this section must be carried out in accordance with any prescribed requirements.

(1) The net amount of wages or salary payable to any prisoner for work done by the prisoner during any period or periods for which the prisoner is temporarily released from custody under section 62 must be paid to the chief executive by the prisoner's employer, in any manner that is agreed between the chief executive and the employer, to the credit of the prisoner.

(2) Every prisoner who is temporarily released from custody under section 62 to engage in self-employment must pay to the chief executive to the credit of the prisoner, at the times that the chief executive directs, those sums on account of his or her earnings in that employment that the chief executive determines.

Any money paid to the chief executive under section 67 to the credit of a prisoner must be applied by the chief executive, in any proportions that the chief executive considers appropriate, in payment of all or any of the following:

• (a) any expenses incidental to the prisoner's employment outside the prison:

• (b) the cost of the prisoner's detention for each week during which he or she is allowed, at any time, to engage in employment outside the prison in accordance with a direction under section 62 authorising the prisoner's temporary release from custody, but not exceeding the weekly rate fixed by the Minister:

• (c) the maintenance of any of the prisoner's dependants:

• (d) the prisoner's requirements on his or her release from the sentence under which the prisoner is detained:

• (e) any fine or reparation or other sum of money that the prisoner was ordered to pay on his or her conviction for any offence:

• (f) the satisfaction in whole or in part of any judgment debt owing by the prisoner or of any other debt acknowledged in writing by the prisoner as owing by him or her:

• (g) the purchase by the prisoner of any article of a type approved for the time being by the chief executive.

(1) Every prisoner has the following minimum entitlements:

• (a) physical exercise, as provided for in section 70:

• (b) a bed and bedding, as provided for in section 71:

• (c) food and drink, as provided for in section 72:

• (d) access to private visitors, as provided for in section 73:

• (e) access to statutory visitors and specified visitors:

• (f) access to legal advisers, as provided for in section 74:

• (g) to receive medical treatment, as provided for in section 75:

• (h) to send and receive mail, as provided for in section 76:

• (i) to make outgoing telephone calls, as provided for in section 77(3):

• (j) to exercise any right conferred on prisoners by regulations made under this Act to communicate using any specified device or medium of communication:

• (k) access to information and education, as provided for in section 78.

(2) A prisoner may be denied, for a period of time that is reasonable in the circumstances, 1 or more of the minimum entitlements set out in subsection (1) if—

• (a) there is an emergency in the prison; or

• (b) the security of the prison is threatened; or

• (c) the health or safety of any person is threatened.

(3) A prisoner detained in a Police jail may be denied 1 or more of the minimum entitlements set out in subsection (1) (other than the entitlements referred to in subsection (1)(b), (c), (f), and (g), and the entitlement under subsection (1)(e) of access to statutory visitors) if, in the opinion of the prison manager or other person in charge, it is not practicable to provide those entitlements, having regard to the facilities available at the Police jail and the resources available.

(4) A prisoner—

• (a) may be denied the minimum entitlements referred to in subsection (1)(d), (i), (j), and (k) if the prisoner is undergoing a penalty of cell confinement imposed under subpart 5 of Part 2:

• (b) may be denied the minimum entitlement referred to in subsection (1)(k) if a direction under section 58 or 59 is in force and the prison manager considers that the prisoner is likely to damage prison property.

(5) The minimum entitlements conferred by subsection (1) are not privileges referred to in section 43(3)(a)(i), section 133(3)(a), or section 137(3)(a).

(6) Subsections (2), (3), and (4) override sections 70 to 78.

(1) Every prisoner (other than a prisoner who is engaged in outdoor work) may, on a daily basis, take at least 1 hour of physical exercise.

(2) The physical exercise referred to in subsection (1) may be taken by the prisoner in the open air if the weather permits.

(1) Every prisoner must be provided with a separate bed, and sufficient bedding for warmth, health, and reasonable comfort.

(2) A prisoner's bedding must be laundered as often as is necessary to maintain cleanliness.

(3) All bedding must be laundered before it is reissued to another prisoner.

(4) In this section,—

(1) Every prisoner must be provided with a sufficient quantity of wholesome food and drink based on the food and nutritional guidelines for the time being issued by the Ministry of Health, and drinking water that complies with any drinking water standards for the time being issued by the Ministry of Health or in force under any enactment.

(2) As far as practicable in the circumstances, in providing food and drink to prisoners, allowance must be made for the various religious, spiritual, and cultural needs of the prisoners.

(3) A medical officer may prescribe a particular diet for a particular prisoner.

(1) A prisoner is entitled to receive at least 1 private visitor each week for a minimum duration of 30 minutes.

(2) Subsection (1) is subject to any regulations made under this Act that regulate the visiting of prisoners.

(3) Subsection (1) does not limit visits to a prisoner—

• (a) by his or her legal adviser under section 74; or

• (b) by a statutory visitor who is authorised by any enactment to visit the prisoner or by a specified visitor; or

• (c) by any person or class of person authorised by regulations made under this Act to visit the prisoner at more frequent intervals.

(1) The legal adviser of a prisoner may visit the prisoner at any time agreed to by the prison manager if the purpose of the visit is to discuss the prisoner's legal affairs.

(2) If the manager does not agree to a particular time for a visit by a legal adviser, the manager must nominate an alternative time that is reasonable in the circumstances.

(3) An interview between a legal adviser, and a prisoner—

• (a) must be held out of the hearing of any other person; and

• (b) may, with the agreement of the prison manager, be held out of the sight of any other person.

(1) A prisoner is entitled to receive medical treatment that is reasonably necessary.

(2) The standard of health care that is available to prisoners in a prison must be reasonably equivalent to the standard of health care available to the public.

(1) A prisoner may send and receive as much mail as the prisoner wishes.

(2) Subsection (1) is subject to—

• (a) sections 105 and 108; and

• (b) any restrictions relating to the manner in which mail is received or sent, the provision of materials for writing letters, and the payment of postage contained in regulations made under this Act.

(1) The chief executive must ensure that every corrections prison has telephone facilities for prisoners to make outgoing telephone calls.

(2) The Commissioner of Police must ensure that every Police jail has telephone facilities for prisoners to make outgoing telephone calls.

(3) Every prisoner is entitled to make at least 1 outgoing telephone call of up to 5 minutes' duration per week.

(4) The entitlement in subsection (3) is in addition to any telephone call made to—

• (a) an official agency; or

• (b) the prisoner's legal adviser.

(5) The chief executive (in the case of a corrections prison) or the Commissioner of Police (in the case of a Police jail) may impose conditions on, and maintain records of, the use of telephone facilities by prisoners.

(6) Every prisoner who makes an outgoing telephone call must meet the cost of that call, except where this Act, or any regulations made under this Act, provide otherwise.

(1) A prisoner is entitled—

• (a) to reasonable access to news:

• (b) so far as is practicable, to access to library services:

• (c) to access to further education that, in the opinion of the prison manager, will assist in—

  • (i) his or her rehabilitation; or

  • (ii) a reduction in his or her reoffending; or

  • (iii) his or her reintegration into the community.

(2) The Crown is not required to provide a prisoner with any of the education referred to in subsection (1)(c) free of charge unless—

• (a) there is an entitlement to receive that education free of charge (whether under the Education Act 1989 or under another enactment); or

• (b) the education is—

  • (i) provided to a prisoner with poor literacy skills; and

  • (ii) designed to improve those skills.

(1) The chief executive must ensure that in every corrections prison, so far as is reasonable and practicable, appropriate provision is made for the various religious and spiritual needs of prisoners.

(2) No prisoner may be required to receive a visit from a minister of religion if the prisoner objects to that visit.

(3) Section 129(a) does not apply to a prisoner who, during a religious service (whether inside or outside a prison),—

• (a) consumes a small quantity of wine provided at the service by a prison chaplain or minister of religion for the purposes of the Eucharist, Holy Communion, Mass, or Communion, with the express authority of the prison manager or chief executive; or

• (b) consumes a small quantity of wine or other alcohol provided at the service as part of the ritual of the religion in question, by the person conducting the service, with the express authority of the prison manager or chief executive.

The chief executive must ensure that in every corrections prison, so far as is reasonable and practicable, appropriate provision is made for the various needs of prisoners arising because they belong to a particular culture.

(1) Unless there is an emergency, no prisoner may be required to work on a certain day if working on that day would be inconsistent with the prisoner's genuine religious beliefs or practices.

(2) No prisoner may be required to work for more than 40 hours per week.

(3) Every prisoner is entitled to 1 day of rest in each week.

(1) The chief executive must ensure that each type of accommodation provided in a corrections prison complies with all requirements in regulations made under this Act concerning—

• (a) the items and facilities to be included in, or excluded from, accommodation of that type; and

• (b) the standards to be met by accommodation of that type.

(2) This section does not apply to accommodation to which section 61 applies.

(1) No officer or staff member may use physical force in dealing with any prisoner unless the officer or staff member has reasonable grounds for believing that the use of physical force is reasonably necessary—

• (a) in self-defence, in the defence of another person, or to protect the prisoner from injury; or

• (b) in the case of an escape or attempted escape (including the recapture of any person who is fleeing after escape); or

• (c) in the case of an officer,—

  • (i) to prevent the prisoner from damaging any property; or

  • (ii) in the case of active or passive resistance to a lawful order.

(2) An officer or staff member who uses physical force for any of the purposes or in any of the circumstances referred to in subsection (1) may not use any more physical force than is reasonably necessary in the circumstances.

(3) If an officer or staff member uses physical force in dealing with any prisoner, the prisoner must, as soon as practicable after the application of that force, be examined by a registered health professional, unless that application of force is limited to the use of handcuffs of a kind that have been prescribed for use as a mechanical restraint.

(4) Nothing in this section limits or affects any other provision in this Act or any other enactment that authorises an officer or staff member to use physical force, or any provision of the Crimes Act 1961, or any rule of law, that makes any specified circumstances—

• (a) a justification or excuse for the use of force; or

• (b) a defence to a charge involving the use of force.

(1) No officer or staff member may deliberately act or speak in a manner likely to provoke a prisoner.

(2) To avoid doubt, subsection (1) does not prevent an officer or staff member from issuing any lawful order to a prisoner or providing any information to a prisoner or otherwise carrying out his or her duties.

(1) In any situation described in section 83(1) or in any other situation where an officer or staff member is authorised by any other provision in this Act or any other enactment to use physical force, any officer or staff member may, if necessary, use any kind of non-lethal weapon prescribed for use.

(2) The use of a non-lethal weapon by an officer or a staff member—

• (a) is subject to any conditions or restrictions specified in regulations made under this Act; and

• (b) must, if the weapon is used in any situation described in section 83(1), be in accordance with section 83(2).

(3) Regulations may not be made authorising the use of any kind of non-lethal weapon unless the Minister is satisfied that—

• (a) the use of that kind of weapon is compatible with the humane treatment of prisoners; and

• (b) the potential benefits from the use of the weapon outweigh the potential risks.

(4) In this section, non-lethal weapon means any weapon designed—

• (a) to temporarily disable a person against whom it is used; or

• (b) to incapacitate a person against whom it is used.

(5) This section does not limit the powers of a constable under any other enactment.

Section 85(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

(1) No officer or staff member may possess, carry, or use any firearm within a prison except as provided under subsection (3).

(2) This section does not limit the powers of a constable under any other enactment.

(3) The chief executive may, in writing, authorise an officer or staff member to possess, carry, or use a firearm within a prison, but only in a specified area of the prison for 1 or more of the following purposes:

• (a) for the purpose of any specified prison industry:

• (b) for the purpose of humanely killing sick or injured animals:

• (c) for the purpose of pest control.

(4) If subsection (3) applies, a firearm—

• (a) may only be used by an officer or staff member who holds a current firearms licence under section 24 of the Arms Act 1983 and in accordance with that Act; and

• (b) must not be used while prisoners are present; and

• (c) must not be stored in a prison.

(1) In any situation described in section 83(1) or in any other prescribed circumstances, any officer or staff member may, if necessary, apply any kind of mechanical restraint prescribed for use.

(2) The use of a mechanical restraint by an officer or staff member—

• (a) is subject to any conditions or restrictions specified in regulations made under this Act; and

• (b) must, if the restraint is used in any situation described in section 83(1), be in accordance with section 83(2).

(3) Regulations may not be made authorising the use of any kind of mechanical restraint unless the Minister is satisfied that—

• (a) the use of that kind of restraint is compatible with the humane treatment of prisoners; and

• (b) the potential benefits from the use of the restraint outweigh the potential risks.

(4) A mechanical restraint—

• (a) may not be used for any disciplinary purpose:

• (b) must be used in a manner that minimises harm and discomfort to the prisoner.

(5) No prisoner may be kept under mechanical restraint for more than 24 hours except—

• (a) under an order in writing signed by a Visiting Justice specifying the reasons for the restraint and the time during which the prisoner is to be kept under restraint; or

• (b) if permitted by regulations made under this Act.

(6) Despite subsections (1) to (4), chains and irons may not be fitted or attached—

• (a) to a prisoner's neck or torso, in any circumstances; or

• (b) to a prisoner's leg unless, for medical reasons, any other form of restraint would be impractical.

Particulars of the use of force, non-lethal weapons, and mechanical restraints must, wherever required by regulations made under this Act,—

• (a) be recorded; and

• (b) be given by notice in writing to the chief executive and to any other person or persons specified in those regulations.

(1) For the purposes of this Act, a rub-down search means a search of a clothed person in which the person conducting the search may do all or any of the following:

• (a) run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of that person:

• (b) insert his or her hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched:

• (c) for the purpose of permitting a visual inspection, require the person being searched to do all or any of the following, namely—

  • (i) open his or her mouth:

  • (ii) display the palms of his or her hands:

  • (iii) display the soles of his or her feet:

  • (iv) lift or rub his or her hair.

(2) For the purpose of facilitating any of the actions referred to in any of paragraphs (a) to (c) of subsection (1), the person conducting a rub-down search may require the person being searched—

• (a) to remove, raise, lower, or open any outer clothing (including (without limitation) any coat, jacket, jumper, or cardigan) being worn by the person being searched, except where that person has no other clothing, or only underclothing, under that outer clothing; and

• (b) to remove any head covering, gloves, or footwear (including socks or stockings) being worn by that person.

(3) Authority to conduct a rub-down search includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but does not authorise the insertion of any instrument, device, or thing into any orifice of those kinds.

(1) For the purposes of this Act, a strip search means a search where the person conducting the search may require the person being searched to remove, raise, lower, or open all or any of that latter person's clothing.

(2) For the purpose of facilitating a strip search, the person conducting the search may require the person being searched to do all or any of the following:

• (a) open his or her mouth:

• (b) display the palms of his or her hands:

• (c) display the soles of his or her feet:

• (d) lift or rub his or her hair:

• (e) raise his or her arms to expose his or her armpits:

• (f) with his or her legs spread apart, bend his or her knees:

• (g) lift or raise any part of his or her body (including, for example, rolls of fat, genitalia, and breasts).

(3) Authority to conduct a strip search includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, and to conduct a visual examination of the anal and genital areas (without the use of any instrument or device designed to illuminate or magnify), but does not authorise the insertion of any instrument, device, or thing into any orifice of those kinds.

(4) For the purposes of undertaking a strip search if section 98(3)(a) applies (which relates to the situation where an officer has reasonable grounds for believing that a prisoner has an unauthorised item in his or her possession),—

• (a) the person conducting the search may require the person being searched, in addition to doing all or any of the things referred to in subsection (2), to bend his or her knees, with his or her legs spread apart, until his or her buttocks are adjacent to his or her heels:

• (b) the authority to conduct the search includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, ears, and anal and genital areas, but does not authorise the insertion of any instrument, device, or thing into any orifice of those kinds.

For the purposes of this Act, a scanner search means a search of a person while he or she is fully clothed using an electronic device designed to identify the presence of unauthorised items.

(1) For the purposes of this Act, an x-ray search means the search of a fully or partially clothed person using an x-ray machine or other prescribed device that is designed to identify the presence of items that are internally concealed.

(2) For the purpose of facilitating an x-ray search, the person conducting the search may require the person being searched to—

• (a) remove any item of clothing that needs to be removed in order to carry out the search:

• (b) comply with any other procedure that needs to be undertaken to carry out the search.

Nothing in this Act authorises or permits the internal examination of any body orifice of any person by any officer, except as provided by sections 89, 90, and 92.

(1) A rub-down search or strip search may be carried out only by a person of the same sex as the person to be searched, and no strip search may be carried out in view of any person who is not of the same sex as the person to be searched.

(2) A person who carries out a scanner search, rub-down search, strip search, or x-ray search must conduct the search with decency and sensitivity and in a manner that affords to the person being searched the greatest degree of privacy and dignity consistent with the purpose of the search.

(3) No officer may conduct a strip search unless one of the following persons is also present:

• (a) another officer:

• (b) a constable.

(4) A strip search of a prisoner must not be carried out in view of another prisoner.

(5) No officer may conduct a rub-down search of any person (other than a prisoner) unless one of the following persons is also present:

• (a) another officer:

• (b) a constable.

Authority conferred by this Act to search any person includes the authority to detain that person for the purposes of the search.

(1) 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.

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

• (a) any item carried by, or in the possession of, that person:

• (b) any outer clothing removed, raised, lowered, or opened for the purposes of the search:

• (c) any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search.

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

• (a) any item of clothing removed, raised, lowered, or opened for the purposes of the search:

• (b) any item carried by, or in the possession of, that prisoner.

(4) Authority conferred by this Act to conduct a search of any cell or any place set aside for the exclusive use of a person in a prison includes the authority to search any item in that cell or place.

(5) Authority conferred by this Act to conduct a search of any vehicle includes the authority to search any item in that vehicle.

(6) 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.

(7) Authority to search any cell or other place, vehicle, or 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.

(1) In exercising any power of search conferred by this Act, any officer may have with him or her, and use for the purposes of searching, any dog.

(2) Any dog used for searching may be under the control of—

• (a) the officer conducting the search; or

• (b) any other person (being a constable, an officer of Customs, or any member of the armed forces) who may accompany the officer for the purposes of the search.

(3) While any officer is using a dog 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.

(4) Any officer who uses a dog for the purposes of searching any 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.

(1) An officer may, at any time, for the purpose of detecting any unauthorised item, conduct—

• (a) a scanner search of any prisoner:

• (b) a rub-down search of any prisoner:

• (c) a search of any cell in a prison.

(2) Nothing in subsection (1)(c) limits or affects any power or authority to search or inspect any cell in any prison for any purpose relating to the security of the prison.

(3) An officer may conduct a strip search of a prisoner—

• (a) if the officer—

  • (i) has reasonable grounds for believing that the prisoner has in his or her possession an unauthorised item; and

  • (ii) has obtained the manager's approval to the conduct of a strip search; or

• (b) in the situations referred to in subsection (6).

(4) Despite subsection (3)(a)(ii), it is not necessary to obtain the approval of a prison manager for the conduct of a strip search under subsection (3) if the delay involved in obtaining that approval would endanger the health or safety of any person or prejudice the maintenance of security at the prison.

(5) The power to conduct a strip search of a prisoner under subsection (3) may only be exercised—

• (a) for the purpose of detecting any unauthorised item; and

• (b) if a strip search is necessary in the circumstances for the purpose of detecting an unauthorised item.

(6) The situations referred to in subsection (3)(b) are as follows:

• (a) immediately before the prisoner is locked in a cell to undergo a penalty of cell confinement imposed under subpart 5 of Part 2:

• (b) on the return of the prisoner to the prison:

• (c) on the return of the prisoner from work or from a part of the prison that is not supervised:

• (d) immediately before the prisoner leaves the prison:

• (e) at any time while the prisoner is being transferred to another prison:

• (f) at any time while the prisoner is outside the prison in the control of an officer:

• (g) immediately before or immediately after the prisoner is brought before—

  • (i) a Visiting Justice for the purposes of any hearing or examination under subpart 5 of Part 2 or any appeal under subpart 5 of Part 2:

  • (ii) a hearing adjudicator for the purposes of any hearing or examination under subpart 5 of Part 2:

  • (iii) any tribunal or court:

  • (iv) any hearing before the New Zealand Parole Board:

• (h) immediately before any person visits the prisoner:

• (i) immediately after any person has visited the prisoner:

• (j) if the prisoner is required under section 124 to submit to a prescribed procedure in the situation referred to in section 124(2)(d), immediately before the prisoner submits to that procedure.

(7) Every prisoner must be required to undergo a strip search conducted by an officer—

• (a) on first being admitted to a prison; and

• (b) immediately before being transferred to another prison; and

• (c) on being received in a prison on transfer from another prison.

(8) A prisoner who is required under section 124 (other than in the situation referred to in section 124(2)(d)) to submit to a prescribed procedure for the purpose of detecting whether or not the prisoner has used drugs or consumed alcohol, or both, may, immediately before the prisoner supplies a sample in accordance with that procedure, be required to undergo a strip search conducted by an officer, but only if—

• (a) the nature of the prescribed procedure is such that there is a risk that the prisoner may tamper with the sample; and

• (b) a strip search is necessary to ensure that such tampering does not occur.

(9) An officer may conduct an x-ray search of a prisoner in the prescribed manner if the officer has reasonable grounds to believe that the prisoner has an unauthorised item concealed in or around the prisoner's body.

(1) A person who wishes to enter a prison or to visit a prisoner may, before being admitted to the prison or before being allowed access to any prisoner, be required to undergo a scanner search conducted by an officer for the purpose of detecting any unauthorised item.

(2) A person who enters a prison or visits a prisoner may, at any time while that person is in the prison or visiting a prisoner, be required to undergo a scanner search conducted by an officer for the purpose of detecting any unauthorised item, and, if that person refuses to submit to a scanner search, reasonable force may be used for the purposes of carrying out the search.

(3) If any officer has reasonable grounds to suspect that any person who wishes to enter a prison or visit a prisoner, or who is in a prison or visiting a prisoner, has in his or her possession any unauthorised item, the officer may, with that person's consent, conduct a rub-down search of that person.

(4) Any person who refuses to submit to a scanner search or a rub-down search before being admitted to a prison or any part of a prison or before being allowed access to a prisoner—

• (a) must be refused admission to the prison or that part of the prison or, as the case may be, refused access to that prisoner:

• (b) if the person is already inside the prison or visiting the prisoner, may be required to leave the prison or the other place where the prisoner is.

(5) A person who is in a prison or visiting a prisoner and who refuses to consent to a rub-down search in accordance with subsection (3) may be required to undergo a rub-down search, and reasonable force may be used for the purposes of carrying out that search.

(6) A person may not be required to undergo a rub-down search under subsection (5) unless,—

• (a) in the case of a person in a prison, the prison manager approves the conduct of a search under subsection (5):

• (b) in the case of a person visiting a prisoner outside the prison, a security monitor, a prison manager, or the chief executive approves the conduct of a search under subsection (5).

(7) Nothing in this section authorises the search of any prisoner.

(8) In this section, section 100, and section 101, person includes—

• (a) a staff member:

• (b) a security officer:

• (c) a person entering a prison in the course of the person's employment.

(1) For the purpose of detecting an unauthorised item, an officer may, with the prior approval of the prison manager, and in the presence of another officer, search any place set aside in a prison for the exclusive use of any person other than a prisoner (for example, a staff member’s locker).

(2) If any place is to be searched under subsection (1), the person who has the exclusive use of that place must, if he or she can be identified and contacted,—

• (a) be advised of the proposed search under subsection (1) and of the person's right to be present during that search:

• (b) be allowed to be present during that search if he or she wishes unless, in the opinion of the prison manager, deferring the search until the person can attend will involve an unacceptable delay.

(1) Any vehicle brought into a prison may, while that vehicle is in the prison, be searched by any officer at any time for the purposes of detecting any unauthorised item or any prisoner attempting to escape.

(2) For the purposes of any search of a vehicle under subsection (1), any officer who is in uniform or who is wearing any badge or other article that identifies him or her as an officer may, by direction given to the driver or other person in the vehicle,—

• (a) direct, if necessary, that the vehicle be stopped:

• (b) direct that the vehicle be kept stopped until the search is completed:

• (c) require that the officer be given access to any part of the vehicle:

• (d) require any or all of the passengers (including the driver) to get out of the vehicle:

• (e) require any or all of the passengers (including the driver) to provide the officer with 1 or more of the following particulars:

  • (i) his or her name:

  • (ii) his or her address:

  • (iii) his or her date of birth.

(3) Reasonable force may be used for the purposes of conducting that search.

(1) If any unauthorised item is discovered by any officer or staff member, whether as a consequence of a search under any of sections 98 to 101 or otherwise, the officer or staff member must, promptly after the discovery, report the details of the discovery to the prison manager concerned or to the supervisor of the security officer who discovered the item, as the case requires.

(2) Every officer who conducts a strip search of any person in the circumstances described in section 98(3)(a) (whether or not the approval of a prison manager is required to undertake that search) or a search under section 98(9), section 99(5), or section 100 must, promptly after the search,—

• (a) if the officer is not a security officer, report the details of the search to the prison manager concerned:

• (b) if the officer is a security officer, report the details of the search to the supervisor of the security officer.

(3) If any prisoner is placed in a cell or other facility designed to prevent the concealment or disposal of unauthorised items,—

• (a) the manager of the prison in which the cell or facility is must ensure that a record of the details of that placement, and whether any unauthorised item is discovered as a result, is made and kept:

• (b) any officer or staff member who discovers an unauthorised item following that placement must report the details of the discovery to the prison manager.

(4) Every report under subsection (2) must contain—

• (a) the reasons for the search; and

• (b) the details of any unauthorised item discovered as a result of the search.

(5) Every person to whom a report is made under subsection (1), subsection (2), or subsection (3)(b) must ensure that a record of that report is made and kept.

(1) If an officer has reasonable grounds to believe (whether as a consequence of a search under sections 99 to 101 or otherwise) that a person in a prison (other than a prisoner) is in possession of a controlled drug within the meaning of the Misuse of Drugs Act 1975, the officer may—

• (a) detain that person; and

• (b) for the purposes of paragraph (a), use any physical force (and no more) that is reasonably necessary in the circumstances.

(2) An officer may detain a person under this section only for the purpose of obtaining the attendance of a constable who is entitled to exercise any power conferred by section 18 or section 18A of the Misuse of Drugs Act 1975 or section 13 or section 13A of the Misuse of Drugs Amendment Act 1978.

(3) An officer who detains a person under this section must—

• (a) promptly contact the Police to arrange the attendance of a constable; and

• (b) if advised that a constable will not attend before the expiry of the period in subsection (4), immediately release the person from detention under this section.

(4) A person must not be detained under this section for a period exceeding 4 hours.

(5) A person who is detained under this section is not a prisoner (within the meaning of section (3)(1)).

In this section and in sections 104 to 110A, unless the context otherwise requires,—

As far as practicable in the circumstances, authorised officers must take the following considerations into account when dealing with any mail to or from a prisoner:

• (a) the need to protect the privacy of prisoners and their correspondents:

• (b) the benefits to prisoners of maintaining contact with persons and organisations outside the prison:

• (c) the need to maintain the security and order of the prison:

• (d) the need to prevent the commission of offences:

• (e) the need to ensure the safety of any person:

• (f) the need to prevent the entry of unauthorised items into the prison.

No prisoner at any prison may send mail to another prisoner without first notifying the prison manager of the prisoner's intentions.

(1) Subject to sections 109 and 110,—

• (a) mail to or from a prisoner may be opened:

• (b) mail to or from a prisoner may be examined for unauthorised items:

• (c) any unauthorised item found in any mail to a prisoner may be withheld from the prisoner, with the authority of the prison manager.

(2) Any mail to or from a prisoner that is to be opened or examined must be opened or examined by an authorised officer in the presence of 1 other authorised officer.

(1) An authorised officer may read correspondence between a prisoner and another person for the purpose of ascertaining whether it may be withheld under section 108(1).

(2) For the purposes of subsection (1), the authorised officer may—

• (a) have translated into English any correspondence not written in English; or

• (b) have translated into te reo Māori any correspondence not written in te reo Māori.

(3) This section is subject to sections 109 and 110.

(1) A prison manager may withhold mail between a prisoner and another person if—

• (a) the prisoner or the other person asks the manager to do so; or

• (b) the other person is under 16 years, and his or her guardian asks the manager to do so; or

• (c) the other person is a prisoner, and neither prisoner has first notified the prison manager of his or her intention to correspond; or

• (d) it is correspondence that the manager believes on reasonable grounds is likely to—

  • (i) threaten or intimidate a person to whom it is being sent by the prisoner; or

  • (ii) endanger the safety or welfare of any person; or

  • (iii) pose a threat to the security of the prison; or

  • (iv) promote or encourage the commission of an offence, or involve, or facilitate the commission or possible commission of, an offence; or

  • (v) prejudice the maintenance of the law (including the prevention, detection, investigation, prosecution, and punishment of offences, and the right to a fair trial); or

  • (vi) breach an order or direction of any court or constitute contempt of court.

(2) If mail or an unauthorised item found in any mail is withheld, the prisoner to or from whom the mail was directed must be informed that the mail or item, as the case may be, has been withheld, unless it is to be forwarded to an enforcement officer.

(3) This section is subject to sections 109 and 110.

An authorised officer must not open any mail, read any correspondence, or withhold any mail that—

• (a) is from a prisoner to an official agency; or

• (b) is from a prisoner to a member of Parliament and is addressed to that member at Parliament; or

• (c) is from an official agency or member of Parliament to a prisoner, and accompanied by a covering letter addressed to the prison manager stating that the agency or member of Parliament is acting in an official capacity in respect of the prisoner.

(1) An authorised officer must not open any mail, read any correspondence, or withhold any mail between a prisoner and his or her legal adviser, unless authorised to do so under any of subsections (2) to (6).

(2) An authorised officer may open any mail that—

• (a) is being sent by a prisoner to his or her legal adviser, but is not addressed to the legal adviser at the legal adviser's business address (including any postal address used for business purposes); or

• (b) has been sent by a prisoner's legal adviser to the prisoner, but is not accompanied by a covering letter from the legal adviser, addressed to the manager of the prison, stating that—

  • (i) the legal adviser is acting in a professional capacity in respect of the prisoner; and

  • (ii) the mail or correspondence relates to the prisoner's legal affairs.

(3) The manager of a prison may examine any mail between a prisoner and his or her legal adviser appearing to contain an unauthorised item, or any correspondence or document not related to the prisoner's legal affairs.

(4) The manager of a prison—

• (a) may read any correspondence or document, or any part of any correspondence or document, contained in any mail between a prisoner and his or her legal adviser examined under subsection (3) that appears not to be related to the prisoner's legal affairs; but

• (b) must stop reading the correspondence or document, or part of the correspondence or document, as soon as it appears to be related to the prisoner's legal affairs.

(5) Any unauthorised item contained in any mail to a prisoner from his or her legal adviser that has been examined under subsection (3) may be withheld from the prisoner.

(6) Section 108 applies to any correspondence or document contained in any mail between a prisoner and his or her legal adviser if—

• (a) the manager has read it under subsection (4); and

• (b) it (or any part of it) appears to the manager not to be related to the prisoner's legal affairs.

(7) Mail examined under subsection (3) must be examined in the prisoner's presence.

(8) Mail read under subsection (4) must be read in the prisoner's presence.

(9) No mail between a prisoner and his or her legal adviser may contain any item other than correspondence or documents relating to the prisoner's legal affairs unless the prisoner and legal adviser first obtain the prison manager's written approval.

An authorised officer must not disclose any information obtained from correspondence contained in any mail between a prisoner and another person unless—

• (a) the disclosure is made to another authorised officer for the purpose of determining whether—

  • (i) mail may be withheld under section 108(1); or

  • (ii) mail that is withheld under section 108(1) should be forwarded to an enforcement officer under section 108(2); or

  • (iii) paragraph (c) applies; or

• (b) the officer believes on reasonable grounds that the disclosure—

  • (i) is necessary to avoid prejudice to the maintenance of the law by a public sector agency (within the meaning of the Privacy Act 1993), including the prevention, detection, investigation, prosecution, and punishment of offences; or

  • (ii) is necessary for the conduct of proceedings (already commenced or reasonably in contemplation) before a court or tribunal; or

  • (iii) is necessary to prevent or lessen a serious and imminent threat to public health, public safety, or the life or health of any person; or

  • (iv) has been authorised by the Privacy Commissioner under section 54(1) of the Privacy Act 1993; or