Corrections Act 2004

Corrections system - Miscellaneous - Management of prisons

199D: Reporting responsibilities

You could also call this:

"Telling officials about what's happening in a prison"

Illustration for Corrections Act 2004

If you are a contractor who helps run a prison, you must tell the chief executive and the monitor if there are any changes in who controls your company. You have to do this as soon as possible. The monitor is appointed under section 199E(1)(a).

You must write a report to the chief executive at regular times, which can be up to every 4 months. The chief executive decides how often you write the report. In your report, you must say what you have done with the jobs and powers you were given under sections 199AA and 199A.

You also have to report on what your employees have done with their jobs and powers. If you have a subcontractor, they must also write a report at regular times. Their report must say what they have done with the jobs and powers they were given under section 199AB.

The manager of a contract prison must arrange for reports to be written and sent to the chief executive and the monitor. These reports must be about many things, including training for staff, complaints from prisoners, and incidents in the prison. The reports must also be about programmes for prisoners, their employment, and the skills they gain.

The manager must also report on how staff follow the rules under sections 83, 84, 85, 87, and 88. They must report on the use of powers by prison officers under sections 98 to 101. The manager must send a report if a prisoner escapes or tries to escape, or if a prisoner dies. You must send this report as soon as possible.

These reporting rules do not replace any other reporting rules that you must follow.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2633815.


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199C: Subcontractors, or

"Contractors can pass some jobs to others with the boss's written okay"


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199E: Monitors, or

"People who check if prisons are being run correctly and follow the rules"

Part 2Corrections system
Miscellaneous: Management of prisons

199DReporting responsibilities

  1. If there is any variation of the controlling interests in a contractor, that contractor must promptly give notice of that variation to the chief executive and to the monitor appointed in respect of that prison under section 199E(1)(a).

  2. A contractor must, at any intervals (not exceeding 4 months) that are determined by the chief executive, report in writing to the chief executive on—

  3. the exercise of any functions, duties, or powers delegated under sections 199AA and 199A to the contractor or an employee of the contractor; and
    1. the exercise of any functions, powers, or duties by an employee of the contractor who is an approved employee within the meaning of any regulations made under this Act.
      1. A subcontractor referred to in section 199C must, at any intervals (not exceeding 4 months) that are determined by the chief executive, report in writing on the exercise of any functions, duties, or powers, delegated under section 199AB to the subcontractor or employee of that subcontractor.

      2. The manager of a contract prison must, at any intervals (not exceeding 4 months) that are determined by the chief executive, arrange for written reports on the following matters to be prepared and forwarded to the chief executive and to the monitor appointed in respect of that prison under section 199E(1)(a):

      3. the training provided to staff members of the prison (including the amount and quality of that training), and the level of training achieved by those staff members:
        1. the number and nature of complaints made by prisoners at the prison, and how those complaints were resolved:
          1. the number and nature of any incidents in the prison involving—
            1. violence against any person; or
              1. self-inflicted injuries to prisoners of the prison:
              2. the programmes provided for prisoners at the prison, and the extent of attendance at, and completion of, those programmes by prisoners:
                1. the employment provided for prisoners by or at the prison:
                  1. the skills gained by prisoners as a result of employment or education provided by or at the prison:
                    1. the compliance, by staff members of the prison, with the requirements of sections 83, 84, 85, 87, and 88:
                      1. the exercise, by officers of the prison, of the powers conferred by sections 98 to 101:
                        1. the number and nature of—
                          1. any disciplinary proceedings taken against prisoners at the prison; and
                            1. any disciplinary actions taken against staff members of the prison:
                            2. the reasons for, and outcomes of, disciplinary proceedings or disciplinary actions, including any penalties imposed:
                              1. the operation of random-testing programmes in the prison:
                                1. any matters relating to the financial management of the prison that the chief executive from time to time determines, which may include the provision of financial forecasts and audited accounts:
                                  1. any other matters in respect of which the chief executive reasonably considers that information is necessary to enable the chief executive to carry out his or her responsibilities under this Act or any other enactment.
                                    1. The manager of a contract prison must, promptly after the occurrence in that prison of any of the events specified in subsection (4), arrange for a written report on that occurrence to be prepared and forwarded to the chief executive and to the monitor appointed in respect of that prison under section 199E(1)(a).

                                    2. The events are—

                                    3. any escape or attempted escape by a prisoner:
                                      1. the death of a prisoner.
                                        1. Nothing in subsections (1) to (4) limits any other duty to report that is imposed by or under any prison management contract or by or under any other provision of this Act or of any other enactment.

                                        Compare
                                        • 1954 No 51 s 4F
                                        Notes
                                        • Section 199D: inserted, on , by section 5 of the Corrections (Contract Management of Prisons) Amendment Act 2009 (2009 No 59).
                                        • Section 199D(1A): inserted, on , by section 43 of the Corrections Amendment Act 2013 (2013 No 5).
                                        • Section 199D(1B): inserted, on , by section 43 of the Corrections Amendment Act 2013 (2013 No 5).