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Corrections Act 2004

Corrections system - Coercive powers - Opening and reading of mail and withholding of correspondence

110A: Restrictions on disclosure of mail

You could also call this:

"Rules for keeping prisoner mail private"

Illustration for Corrections Act 2004

If you are an authorised person, you must not tell anyone what you read in mail between a prisoner and another person. You can only share this information with another authorised person if you need to decide whether to stop the mail from being sent or if the mail should be given to an enforcement officer. You can also share the information if you think it is necessary to keep people safe, to follow the law, or if a court or tribunal needs it, or if the Privacy Commissioner says you can under section 30 of the Privacy Act 2020.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1955267.

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Crime and justice > Criminal lawCrime and justice > Victim supportGovernment and voting > Government departments
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Part 2Corrections system
Coercive powers: Opening and reading of mail and withholding of correspondence

110ARestrictions on disclosure of mail

  1. An authorised person must not disclose any information obtained from correspondence or mail between a prisoner and another person unless—

  2. the disclosure is made to another authorised person for the purpose of determining whether—
    1. mail may be withheld under section 108(1); or
      1. mail that is withheld under section 108(1) should be forwarded to an enforcement officer under section 108(2); or
        1. paragraph (c) applies; or
        2. the authorised person believes on reasonable grounds that the disclosure—
          1. is necessary to avoid prejudice to the maintenance of the law by a public sector agency (within the meaning of the Privacy Act 2020), including the prevention, detection, investigation, prosecution, and punishment of offences; or
            1. is necessary for the conduct of proceedings (already commenced or reasonably in contemplation) before a court or tribunal; or
              1. 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
                1. has been authorised by the Privacy Commissioner under section 30 of the Privacy Act 2020; or
                2. the disclosure is required by any enactment or rule of law.

                  Notes
                  • Section 110A: inserted, on , by section 19 of the Corrections Amendment Act 2009 (2009 No 3).
                  • Section 110A: amended, on , by section 32 of the Corrections Amendment Act 2024 (2024 No 41).
                  • Section 110A: amended, on , by section 30(1) of the Corrections Amendment Act 2013 (2013 No 5).
                  • Section 110A(a): amended, on , by section 30(1) of the Corrections Amendment Act 2013 (2013 No 5).
                  • Section 110A(b): amended, on , by section 30(2) of the Corrections Amendment Act 2013 (2013 No 5).
                  • Section 110A(b)(i): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
                  • Section 110A(b)(iv): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).