3Interpretation

1. In this Act, unless the context otherwise requires,—

   accused prisoner—

   1. means a prisoner detained only by reason of the fact that the prisoner is awaiting trial or is on remand in custody during the trial:
   2. does not include a prisoner who is on remand awaiting sentence

   at-risk assessment means, in relation to a prisoner, an assessment of the prisoner’s risk of self-harm made under section 49(2) or 61A

   at-risk cell means a cell that has been designated as an at-risk cell under section 61H

   at-risk management plan, in relation to a prisoner, means the plan established for that prisoner under section 61D

   at-risk prisoner means a prisoner who has received an at-risk assessment indicating that the prisoner is at risk of self-harm and the at-risk assessment has not been reversed or revoked

   attendance for judicial purposes, in relation to any person, includes the attendance of that person, whether as a party or as a witness, before any of the following tribunals:

   1. any court of justice:
   2. the House of Representatives or any Committee of that House:
   3. any arbitrator or umpire, or any person or body of persons authorised by law to make an inquiry and take evidence on oath:
   4. any legal tribunal by which any legal right or liability can be established:
   5. any person acting as a court or tribunal having the power to hold a judicial proceeding:
   6. any family group conference within the meaning of section 2(1) of the Oranga Tamariki Act 1989:
   8. any other person or body of persons the proceedings, or any part of the proceedings, of whom or of which are deemed to be a judicial proceeding for the purposes of section 108 of the Crimes Act 1961 (which relates to perjury)

   audio link means a facility (for example, a telephone) that enables audio communication between people in different places

   audiovisual link means a facility that enables audio and visual communication between people in different places

   authorised property means property that is declared by rules made under section 45A as property that prisoners may be issued with or allowed to keep

   biometric information has the same meaning as in section 2(1) of the Customs and Excise Act 1996

   chief executive means the chief executive of the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

   complainant means a person who makes a complaint under subpart 6 of Part 2

   complaint—

   1. includes a complaint about—
      1. the treatment of a person who is or was under control or supervision; or
      2. the conditions in the prison, community work centre, probation office, or any other place (including a dwellinghouse) at which a person referred to in subparagraph (i) is or was detained, or is or was required to attend, work, or live; or
      3. a decision in respect of a request by a person referred to in subparagraph (i) for information; or
      4. a decision relating to a person referred to in subparagraph (i) for which no other right of appeal or review exists under any enactment; but
   2. does not include any action taken by a prisoner to review or appeal a decision by a hearing adjudicator or Visiting Justice under subpart 5 of Part 2 or any other complaint by a prisoner about a decision of that kind

   contract prison means a prison that is for the time being managed under a prison management contract

   contractor means a person who is a party to a prison management contract under which that person is to manage a prison

   corrections prison—

   1. includes a prison operated by the department (including a temporary prison) and a contract prison; but
   2. does not include a Police jail

   correspondence—

   1. means a handwritten, typed, or printed message that is mail or is contained in any mail; and
   2. includes a handwritten, typed, or printed manuscript contained in any mail; but
   3. does not include an electronic message or a fax

   courtroom custodial duty means the custody, control, and supervision of a person while he or she is at any place at which the attendance of that person is required for judicial purposes

   courtroom custodial services means the provision of persons to undertake courtroom custodial duties

   department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

   Director-General of an intelligence and security agency has the same meaning as in section 4 of the Intelligence and Security Act 2017

   disciplinary offence means an offence against discipline under subpart 5 of Part 2

   disciplinary proceedings means a hearing conducted by a hearing adjudicator or a Visiting Justice under subpart 5 of Part 2

   drug means—

   1. a controlled drug within the meaning of the Misuse of Drugs Act 1975:
   2. a prescription medicine or restricted medicine within the meaning of the Medicines Act 1981:
   3. a psychoactive substance within the meaning of section 9 of the Psychoactive Substances Act 2013

   electronic communication device—

   1. means an electronic communication device (other than a device used to assist with a disability) that is capable of any or all of the following actions:
      1. transmitting sound:
      2. computing information:
      3. functioning as a telephone:
      4. communicating in any other way using any technology (including telecommunication, radiocommunication, Internet, and broadcasting technology):
   2. includes any part of an electronic communication device (for example, a SIM card) regardless of whether the part—
      1. is capable of any of the actions specified in paragraph (a); and
      2. is detachable and may be used in other electronic communication devices:
   3. includes any device that enables or facilitates the functioning of an electronic communication device (for example, a recharger or charging device):
   4. does not include—
      1. any telephone facility provided for the use of prisoners under section 77; and
      2. any telephone facility or telephone system (whether inside or outside a prison) that a prisoner is permitted to use by a person under whose control or supervision the prisoner is

   electronic message means any communication transmitted by electronic means that is capable of being displayed on a visual display unit

   employee includes a person engaged under a contract for services

   enforcement officer—

   1. means a person who is a constable, or who—
      1. is an officer or employee of the public service (as defined in section 10 of the Public Service Act 2020) or a local authority; and
      2. is acting in the course of his or her official duties (being duties consisting of or including the detection, investigation, or prosecution of offences); but
   2. does not include an officer (as defined in this subsection)

   escort duty—

   1. means the transport of persons in custody—
      1. to or from a prison or Police station; or
      2. to or from any place at which their attendance is or has been required for judicial purposes; or
      3. to or from a residence (within the meaning of the Oranga Tamariki Act 1989); or
      4. in connection with any temporary removal from custody under section 62; or
      5. for the purposes of the Mental Health (Compulsory Assessment and Treatment) Act 1992; and
   2. includes their custody, control, and supervision during that transport, and any custody, control, and supervision while they are at any place to or from which they are transported (other than a prison or Police station) that is incidental to that transport

   escort services means the provision of persons to undertake escort duties

   family, in relation to any person, includes—

   1. any person to whom the person is related; and
   2. the person's spouse, civil union partner, or de facto partner; and
   3. the person's family group

   family group, in relation to any person, means a family group or extended family—

   1. in which there is at least 1 adult member—
      1. with whom the person has a biological or legal relationship; or
      2. to whom the person has a significant psychological attachment; or
   2. that is the person's whanau or other culturally recognised family group

   firearm has the same meaning as in section 2 of the Arms Act 1983

   Health and Disability Commissioner includes any employee of the Commissioner

   health centre manager means a person appointed as a health centre manager under section 19A and who is a medical practitioner or a nurse

   hearing adjudicator means a person designated as a hearing adjudicator under section 15

   imaging technology search has the meaning given to that term in section 92B

   Independent Police Conduct Authority includes any employee of the Authority

   inspector of corrections or inspector means a person appointed as an inspector of corrections under section 28

   intelligence and security agency has the same meaning as in section 4 of the Intelligence and Security Act 2017

   intelligence purpose has the meaning given in section 127B

   investigating officer means an officer (within the meaning of section 2(1) of the Defence Act 1990) or other duly authorised person investigating a complaint under section 49 of that Act

   legal adviser—

   1. means a lawyer (within the meaning of the Lawyers and Conveyancers Act 2006) who represents a prisoner; and
   2. includes, in relation to any member of the Armed Forces detained in a prison, any other member of the Armed Forces responsible for representing that member in the Court Martial or other proceedings

   mail means any letter, package, parcel, or postcard sent or delivered to or by a prisoner

   medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003, as a practitioner of the profession of medicine

   medicine has the same meaning as in section 3 of the Medicines Act 1981

   member of the Human Rights Commission includes any employee of the Human Rights Commission

   Minister means the Minister of the Crown for the time being responsible for the department

   monitor means any person appointed under section 199E(1) or (2)

   non-offence-based programme means a programme designed for persons under control or supervision to assist them to reintegrate into the community, for example, a medical, social, therapeutic, psychological, te ao Māori, cultural, educational, employment-related, religion-based, or reintegrative programme

   nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions

   offender—

   1. means a person who is under control or supervision; and
   2. includes a person who is dealt with or is liable to be dealt with for non-payment of a sum of money, disobedience of a court order, or contempt of court; but
   3. does not include—
      1. an accused prisoner; or
      2. a person who is detained solely as a consequence of a warrant or other order issued under the Immigration Act 2009

   officer—

   1. means—
      1. the manager of a prison:
      2. any person appointed or engaged under section 11 to provide custodial services in respect of a prison:
      3. any person appointed under section 17(1):
      4. any person appointed or engaged under section 17(2) to carry out the obligations of a security contractor under a contract to undertake escort duties or courtroom custodial duties, or both, but only while that person is carrying out functions set out in section 18(1) or the powers and functions referred to in section 18(2):
      5. any employee of the department who the chief executive designates to carry out the powers and functions of an officer in respect of 1 or more prisons:
      6. in respect of any provision, any employee of the department whom the chief executive designates to carry out the powers and functions of an officer under that provision in respect of 1 or more prisons; but
   2. does not include any employee or independent contractor appointed or engaged to provide non-custodial services in respect of any prison or any prisoner

   official agency means—

   1. an inspector of corrections; or
   2. a monitor; or
   3. a security monitor; or
   4. a Visiting Justice; or
   5. the Inspector-General of Intelligence and Security; or
   6. an Ombudsman; or
   7. the Children’s Commissioner; or
   8. the Health and Disability Commissioner; or
   9. an advocate within the meaning of section 2(1) of the Health and Disability Commissioner Act 1994; or
   10. the Human Rights Commission; or
   11. the Independent Police Conduct Authority; or
   12. the Privacy Commissioner; or
   13. a national preventive mechanism (as defined in section 16 of the Crimes of Torture Act 1989); or
   14. the Inspector-General of Defence

   Ombudsman includes any employee of the Office of the Ombudsmen

   person under control or supervision means—

   1. a prisoner:
   2. a person who is subject to a community-based sentence:
   3. a person who is subject to a sentence of home detention:
   5. a person who is subject to conditions under the Parole Act 2002 or under section 80N or 93 of the Sentencing Act 2002

   Police jail means a prison established or deemed to be established as a Police jail under section 32(1)(b)

   prescribed means prescribed by this Act or by any regulations made under this Act

   prison—

   1. means a prison established or deemed to be established under section 32; and
   2. to avoid doubt, includes any land or building declared to be a prison

   prison management contract means a contract for the management of a corrections prison entered into pursuant to section 198(1)

   prison manager or manager—

   1. means a person appointed or engaged as the manager of a prison under section 11; and
   2. includes, in relation to any site within a prison declared by the chief executive to be a discrete site for the purposes of this Act, the person (if any) appointed or engaged by the chief executive to exercise the powers and perform the functions of the prison manager in relation to that site

   prisoner means any person for the time being in the legal custody under this Act of either of the following persons:

   1. the chief executive:
   2. the Commissioner of Police

   prisoner property means an item that—

   1. is part of a prisoner's personal belongings, and is in the prisoner's possession at the time of admission to a prison; or
   2. is acquired by a prisoner while in a prison; or
   3. is received by a staff member of a prison on behalf of a prisoner

   Privacy Commissioner includes any employee of, or contractor engaged by, the Privacy Commissioner

   private visitor means a visitor who is not a statutory visitor or a specified visitor

   promptly means as soon as practicable in all the circumstances

   random-testing programme means a programme—

   1. under which a class or classes of prisoners are identified so that certain prisoners in that class or those classes may be required to submit to a prescribed procedure for the purpose of detecting whether or not the prisoners have used drugs, consumed alcohol, or both; and
   2. under which the prisoners from a particular class who are to be required to submit to a prescribed procedure are selected by a method that ensures that each prisoner in that class has an equal chance of being selected; and
   3. that is established and operated in accordance with any applicable regulations made under this Act

   reasonably promptly means as soon as is reasonable in all the circumstances

   registered health professional means a health practitioner who is, or is deemed to be, registered with an authority established or continued by the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession

   rehabilitative programme means a programme designed for offenders to reduce reoffending by facilitating their rehabilitation and reintegration into the community, for example, a medical, social, therapeutic, psychological, te ao Māori, cultural, educational, employment-related, religion-based, reintegrative, or rehabilitative programme

   remote access facility means any of the following:

   1. audio link:
   2. audiovisual link:
   3. visual link:
   4. any other facility that enables communication between people in different places

   rub-down search has the meaning given to that term in section 89

   scanner search has the meaning given to that term in section 92A

   scope of practice has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003

   security contract means a contract entered into with the chief executive under section 166

   security contractor means a person who is a party to a security contract under which that person is to provide escort services or courtroom custodial services, or both

   security monitor means any person appointed under section 172

   security officer means any person appointed or engaged under section 17

   self-care unit means accommodation of a residential style

   self-harm, in relation to a prisoner, means harm inflicted by the prisoner on himself or herself

   sentence of imprisonment has the same meaning as in section 4 of the Sentencing Act 2002

   service prisoner means a service prisoner as defined in section 2(1) of the Armed Forces Discipline Act 1971

   shared cell means a cell shared by a prisoner with 1 or more other prisoners

   specified visitor means—

   1. a person or class of persons approved by the chief executive as an official visitor to 1 or more prisons:
   2. a person (other than a staff member) approved by the prison manager as an official visitor to that prison for 1 or more prescribed purposes

   staff member of a prison or staff member—

   1. means—
      1. any officer of a prison; and
      2. any employee appointed or engaged to provide non-custodial services in respect of a prison or any prisoner detained in a prison; and
   2. in relation to any particular prison, means—
      1. any officer of that prison; and
      2. any employee appointed or engaged to provide non-custodial services in respect of that prison or any prisoner detained in that prison

   statutory visitor means—

   1. an inspector of corrections; or
   2. a Visiting Justice; or
   3. a monitor; or
   4. a security monitor; or
   5. the Minister; or
   6. the chief executive; or
   7. an Ombudsman; or
   8. a member of the Human Rights Commission; or
   9. a member of Parliament exercising the right conferred by section 161; or
   10. a Justice of the Peace exercising the right conferred by section 162; or
   11. a commanding officer of a prisoner who is a service prisoner, or a representative of that commanding officer; or
   12. a service authority nominated by the commanding officer of a prisoner who is a service prisoner for the purpose of visiting that prisoner; or
   13. a consular representative; or
   14. an investigating officer

   strip search has the meaning given to that term in section 90

   trust account means a trust account operated under section 46

   unauthorised item means—

   1. any article that could, while in the possession of any prisoner, be harmful to that prisoner or to any other person:
   2. any drug, alcohol, or other intoxicating substance:
   3. tobacco:
   4. any equipment used for smoking tobacco or any other substance:
   5. any vaping product or smokeless tobacco product within the meaning of section 2 of the Smokefree Environments and Regulated Products Act 1990:
   6. any electronic communication device:
   7. any thing that could be used for the purpose of facilitating the escape from lawful custody of any person:
   8. in relation to any person, any thing that may not lawfully be retained in the person's possession:
   9. any article or thing that is in the possession of any person in contravention or intended contravention of section 128, section 129(a), section 129(aa), section 141, section 143, or section 144:
   10. any thing or substance that could be used to tamper with or dilute or contaminate any sample that a prisoner is required to supply in accordance with a prescribed procedure under section 124:
   11. any offensive weapon within the meaning of section 202A of the Crimes Act 1961:
   12. any disabling substance within the meaning of that section:
   13. any article or thing declared to be an unauthorised item by regulations made under this Act

   Visiting Justice means—

   1. a District Court Judge; or
   2. a person appointed under section 19(2) to be a Visiting Justice

   visitor—

   1. means a person (other than a staff member, a security officer, or another prisoner) who visits a prison; and
   2. includes a statutory visitor and a specified visitor

   visual link means a facility that enables visual communication between people in different places.

2. If any provision of this Act requires that any person employed or engaged for any position be suitable for that position, and that position involves dealing with persons under control or supervision, that person's suitability must be determined in accordance with whether or not that person is competent to exercise or perform his or her powers, duties, and functions under this Act, or any regulations made under this Act, in a fair and humane manner, because of—

3. his or her character and personality; and
4. his or her training, skills, qualifications, or work experience; and
5. other relevant experience.