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Corrections Act 2004

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

110B: Warnings in relation to mail

You could also call this:

"Prison staff must tell you how your mail will be checked when you arrive"

When you are received at a prison, the chief executive must make sure you are told in writing that your mail may be opened and withheld. You will be told the reasons why this might happen. You will also be told that your correspondence, like letters, may be opened, read, and withheld, and you will be told the reasons for this too.

The chief executive must also tell you about the types of mail and correspondence that do not have to be opened and withheld, and how these rules apply.

You have the right to know these things when you arrive at a prison, so the chief executive must take all practicable steps to inform you as soon as possible.

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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=DLM1955268.

Topics:
Crime and justice > Criminal law
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110A: Restrictions on disclosure of mail, or

"Rules for keeping prisoner mail private"

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110C: Application of Privacy Act 2020, or

"How the Privacy Act 2020 applies to prisoners' mail and correspondence"

Part 2Corrections system
Coercive powers: Opening and reading of mail and withholding of correspondence

110BWarnings in relation to mail

  1. The chief executive must take all practicable steps to ensure that when, or reasonably promptly after, prisoners are received at a prison they are informed in writing—

  2. that—
    1. their mail may be opened and withheld, and of the grounds on which it may be withheld; and
      1. their correspondence may be opened, read, and withheld, and of the grounds on which it may be withheld; and
      2. about—
        1. the types of mail that are exempted from being opened and withheld, and the extent to which the exemptions apply; and
          1. the types of correspondence that are exempted from being opened, read, and withheld, and the extent to which the exemptions apply.

          Notes
          • Section 110B: inserted, on , by section 19 of the Corrections Amendment Act 2009 (2009 No 3).
          • Section 110B(a): replaced, on , by section 33 of the Corrections Amendment Act 2024 (2024 No 41).
          • Section 110B(b): replaced, on , by section 33 of the Corrections Amendment Act 2024 (2024 No 41).