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Corrections Act 2004

Corrections system - Miscellaneous - Management of prisons

199F: Accommodation and access

You could also call this:

"Rules for prison monitors to check prisons and talk to prisoners and staff"

Illustration for Corrections Act 2004

If you are a contractor who manages a prison, you must make sure there is a suitable office for the monitor to use. The monitor is appointed under section 199E(1) to check on the prison. You must also let the monitor go anywhere in the prison, talk to any prisoner, and talk to anyone who works in the prison when they are there. The monitor must be able to see all records about the prison, prisoners, and staff.

You must let the monitor talk to certain employees of yours during their work hours. This includes employees who are not staff members of the prison but are making decisions about it. It also includes employees who are approved to work in the prison. However, there is an exception: the monitor cannot see someone's medical records unless that person says it is okay.

As a contractor, you have to follow these rules so the monitor can do their job properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2633817.

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199E: Monitors, or

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

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199G: Monitors to report on certain matters, or

"Prison monitors check if prisons are fair and safe, and report on any problems they find."

Part 2Corrections system
Miscellaneous: Management of prisons

199FAccommodation and access

  1. Every contractor must ensure that there is available in the contract prison managed by that contractor suitable office accommodation for use by the monitor or monitors appointed under section 199E(1) in respect of that prison.

  2. Every contractor must ensure that any monitor has free and unfettered access at all times to—

  3. every part of the contract prison managed by that contractor; and
    1. all prisoners in that prison; and
      1. all persons who work in that prison, but only when they are actually in the prison; and
        1. all records held by the contractor that relate to—
          1. that prison; or
            1. any prisoner or former prisoner; or
              1. any staff member or former staff member of that prison.

              2. Every contractor must ensure that any monitor has free and unfettered access to the following persons, but only during their work hours:

              3. all employees of the contractor who—
                1. are not staff members of the contract prison managed by that contractor; and
                  1. are exercising, in respect of that prison, the functions and powers of the chief executive or the contractor under a delegation; and
                  2. all employees of the contractor who are approved employees (within the meaning of any regulations made under this Act).

                    1. Despite subsection (2), a monitor must not be given access to the medical records of any person unless that person consents to that access.

                    Compare
                    • 1954 No 51 s 4H
                    Notes
                    • Section 199F: inserted, on , by section 5 of the Corrections (Contract Management of Prisons) Amendment Act 2009 (2009 No 59).
                    • Section 199F(2A): inserted, on , by section 44 of the Corrections Amendment Act 2013 (2013 No 5).