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Corrections Act 2004

Corrections system - Statutory roles and responsibilities - Minister, chief executive, and Commissioner of Police

10: Delegation of powers and functions of chief executive

You could also call this:

"What the boss of a prison can and can't give to other staff members to do"

The chief executive of a prison has many powers and functions. You might wonder what the chief executive can and cannot give to other staff members. The chief executive cannot delegate certain powers to staff members of a prison. These include making applications under the Parole Act 2002 to recall offenders or to stop offenders from being released.

The chief executive also cannot delegate the power to designate employees as hearing adjudicators or to appoint inspectors of corrections. Other powers that cannot be delegated include authorising extended periods of detention in a Police jail or reconsidering a prisoner's security classification. The chief executive cannot give staff members the power to segregate prisoners for security, good order, or safety reasons.

The chief executive also cannot delegate the power to grant approvals for types and conditions of work for prisoners or to approve an employee for the purposes of any regulations made under this Act. Additionally, the chief executive cannot delegate the power to appoint security monitors or to issue guidelines or instructions under the Corrections Act 2004. The chief executive must keep these powers and functions to themselves and not give them to other staff members.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM295406.

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Part 2Corrections system
Statutory roles and responsibilities: Minister, chief executive, and Commissioner of Police

10Delegation of powers and functions of chief executive

  1. Despite anything in clauses 2 to 4 of Schedule 6 of the Public Service Act 2020 or in any other provision of this Act or of any other enactment, the chief executive must not delegate to any staff member of a prison—

  2. the power to make an application under section 60(1) of the Parole Act 2002 (which relates to the recall of offenders); or
    1. the power to make an application under section 107 of the Parole Act 2002 (which relates to orders that offenders not be released); or
      1. the power to designate employees as hearing adjudicators under section 15; or
        1. the power to appoint inspectors of corrections under section 28; or
          1. the power to authorise extended periods of detention in a Police jail under section 34(5); or
            1. the power to reconsider a prisoner's security classification under section 48(2); or
              1. the powers conferred by section 58 or section 59(1)(b) (which relate to the segregation of prisoners on the grounds of security, good order, or safety; or for the purpose of protective custody); or
                1. the power to grant approvals under sections 66(5)(a) and 66A(2) (which relate to the types and conditions of work in which prisoners will be employed); or
                  1. the power under section 81AB to reconsider a decision refusing approval for a placement, or ending the placement, of a child; or
                    1. the power to approve an employee for the purposes of any regulations made under this Act; or
                      1. the power under section 127K(1) to approve the monitoring of visits and the collection of information from communications during the visits; or
                        1. the power to appoint security monitors under section 172; or
                          1. the power to issue guidelines or instructions under section 196; or
                            1. the power to appoint monitors under section 199E(1) or (2); or
                              1. any power, function, or duty conferred or imposed on the chief executive by or under this enactment or any other enactment where the power, function, or duty relates to the review of any act or omission of any staff member of a contract prison.

                                Compare
                                • 1954 No 51 s 3A
                                Notes
                                • Section 10: amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                                • Section 10(ea): inserted, on , by section 5(1) of the Corrections Amendment Act 2013 (2013 No 5).
                                • Section 10(g): replaced, on , by section 5(2) of the Corrections Amendment Act 2013 (2013 No 5).
                                • Section 10(gaa): inserted, on , by section 5 of the Corrections Amendment Act 2019 (2019 No 57).
                                • Section 10(ga): inserted, on , by section 5(2) of the Corrections Amendment Act 2013 (2013 No 5).
                                • Section 10(gb): inserted, on , by section 8 of the Corrections Amendment Act 2024 (2024 No 41).
                                • Section 10(j): amended, on , by section 8(1) of the Corrections (Contract Management of Prisons) Amendment Act 2009 (2009 No 59).