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Sentencing Act 2002

Sentencing purposes and principles, and provisions of general application - Sentencing procedure

29: Access to reports

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"Who can see reports about you in court"

Illustration for Sentencing Act 2002

When you are in court for sentencing, reports about you are submitted to the court under section 26, section 33, or section 142F. You might wonder who can see these reports. The people who can see these reports are the manager of the prison you might be sent to, a Director of Area Mental Health Services, or a staff member of a hospital who needs to see the report to do their job. A compulsory care co-ordinator, or a staff member of a facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, can also see the report if they need it to do their job.

An officer or employee of the Department of Corrections or the Ministry of Justice, or a staff member of a prison, can see the report if they need it for their job. A member of the New Zealand Parole Board and the prosecutor who is dealing with your case can also see the report. There are rules about who can see the reports, and some reports might not be allowed to be seen by certain people, even if they ask to see them under the Official Information Act 1982 or the Privacy Act 2020. If a court has said that a report or part of a report cannot be shown to you, then you cannot see it, even if you ask to see it under those Acts.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM135585.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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28: Disclosure of reports, or

"You get to see reports about you that the court receives, unless it might harm you or others."

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30: No sentence of imprisonment to be imposed without opportunity for legal representation, or

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Part 1Sentencing purposes and principles, and provisions of general application
Sentencing procedure

29Access to reports

  1. The following persons may have access to any report submitted to a court under section 26 or section 33 or section 142F, and held by the court:

  2. the manager or other person in charge of a prison to which the offender is sent, whether during any proceedings or in accordance with any sentence imposed:
    1. a Director of Area Mental Health Services, or a staff member of a hospital, who requires access to the report for the purposes of his or her official duties:
      1. a compulsory care co-ordinator, or a staff member of a facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, who requires access to the report for the purposes of his or her official duties:
        1. an officer or employee of the Department of Corrections or the Ministry of Justice, or a staff member of a prison, who requires access to the report for the purposes of his or her official duties:
          1. a member of the New Zealand Parole Board:
            1. the prosecutor appearing on sentence or on appeal against sentence.

              1. Despite anything in the Official Information Act 1982 or the Privacy Act 2020, no person may have access under either of those Acts to a report or any part of a report that a court has ordered under section 28 or section 34 not to be disclosed to that person.

              Compare
              Notes
              • Section 29(1): amended, on , by section 9 of the Sentencing Amendment Act 2009 (2009 No 10).
              • Section 29(1)(a): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
              • Section 29(1)(b): replaced, on , by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
              • Section 29(1)(ba): inserted, on , by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
              • Section 29(1)(c): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
              • Section 29(1)(c): amended, on , pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).
              • Section 29(2): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).