Plain language law

New Zealand law explained for everyone

Corrections Act 2004

Corrections system - Miscellaneous - Management of prisons

199H: Control of contract prison in emergency

You could also call this:

"What happens when the government takes over a private prison in an emergency to keep everyone safe"

If you are in charge of a prison, you have to keep it safe. The chief executive can take over a contract prison if they think there is an emergency that affects the safety or health of prisoners. They can do this if the person running the prison cannot deal with the emergency.

When the chief executive takes over, they have all the powers the contractor had. They can also do anything else they think is necessary. You will be told in writing if the chief executive takes over a prison.

If the chief executive takes over, they can ask the contractor to pay back any costs they incurred. The chief executive is not liable for anything they do when taking over a prison, unless they act in bad faith. This means they must have done something wrong on purpose.

The chief executive's actions do not affect any other rights or remedies they may have. You can find more information about this in the Corrections (Contract Management of Prisons) Amendment Act 2009. The chief executive has the power to make decisions to keep prisoners safe.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM2633819.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyGovernment and voting > Government departmentsGovernment and voting > Emergency management
Previous

199G: Monitors to report on certain matters, or

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

Next

199I: Prison management contracts to be presented to House of Representatives, or

"The Government must show the House of Representatives new or changed prison management contracts within 12 days."

Part 2Corrections system
Miscellaneous: Management of prisons

199HControl of contract prison in emergency

  1. This section applies if the chief executive believes, on reasonable grounds,—

  2. that either—
    1. there exists in respect of any contract prison an emergency affecting the safety or health of the prisoners or any class or group of prisoners, or the security of the prison; or
      1. there is an imminent threat of such an emergency; and
      2. that the contractor responsible for the management of that prison is unwilling or unable to immediately deal with that emergency or, as the case requires, that threat to the satisfaction of the chief executive.

        1. If this section applies, the chief executive may take over the management of the contract prison from the contractor for any period that the chief executive considers necessary in order to deal with the emergency or threatened emergency, and for that purpose the chief executive—

        2. has and may exercise and perform, in respect of the prison, all the powers, functions, and duties that would otherwise be exercisable or performed by the contractor:
          1. has all other powers that are necessary or desirable.

            1. If the chief executive takes over the management of a contract prison under this section, the chief executive must immediately give written notice to the contractor of that action, and of the reasons for that action.

            2. Without limiting any other remedy available to the chief executive (whether under the prison management contract or otherwise), if the chief executive acts under subsection (2), then, unless it would be unreasonable or unfair in the circumstances,—

            3. the chief executive is entitled to be reimbursed by the contractor for any costs and expenses incurred in taking that action; and
              1. those costs and expenses are recoverable as a debt due to the Crown.

                1. This section applies despite anything in any prison management contract, and nothing in this section limits or affects—

                2. any other right or remedy available to the chief executive or the Crown, whether under any prison management contract or otherwise; or
                  1. any liability of the contractor under the prison management contract or otherwise.

                    1. Neither the chief executive, nor the Crown, nor any other person acting by or under the authority of the chief executive is under any civil or criminal liability for anything the chief executive or any such person may do or fail to do in the course of the exercise or performance or intended exercise or performance of any powers, functions, or duties under this section, unless it is shown that the chief executive or that other person acted, or failed to act, in bad faith.

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