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Corrections Act 2004

Corrections system - Establishment and operation of prisons

33: Manager may make rules for prison

You could also call this:

"The prison boss can make rules to keep you safe and run the prison smoothly."

The boss of a prison can make rules for that prison. You need to follow these rules when you are in the prison. The boss can make rules about how the prison is run and how to keep you safe.

The person in charge of all prisons or the Police Commissioner can let the prison boss make these rules. They can also add conditions or limitations to these rules.

You can find more information about rules in the Sentencing Act 2002 and the Parole Act 2002. The prison boss or the person in charge of all prisons can change or cancel these rules at any time.

The rules must not disagree with other laws, such as the Sentencing Act 2002 or the Parole Act 2002. Some rules cannot be made under this law, such as rules that must be made under section 45A.

These rules are a type of law called secondary legislation, which you can learn more about in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM295437.

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Crime and justice > Criminal lawGovernment and voting > Government departments
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Part 2Corrections system
Establishment and operation of prisons

33Manager may make rules for prison

  1. The chief executive may, subject to subsection (6), authorise the manager of a corrections prison to make rules that the manager considers appropriate for the management of the prison and for the conduct and safe custody of the prisoners.

  2. The Commissioner of Police may, subject to subsection (6), authorise the manager of a Police jail to make rules that the manager considers appropriate for the management of the prison and for the conduct and safe custody of the prisoners.

  3. An authorisation given by the chief executive or the Commissioner of Police under subsection (1) or subsection (2) may be subject to—

  4. any conditions imposed by the chief executive or, as the case requires, the Commissioner of Police:
    1. any limitations placed on the scope or subject matter of the rules by the chief executive or, as the case requires, the Commissioner of Police.

      1. Any rules made under subsection (1) or subsection (2) may be revoked at any time by the prison manager and,—

      2. in the case of rules made by the manager of a corrections prison, by the chief executive:
        1. in the case of rules made by the manager of a Police jail, by the Commissioner of Police.

          1. Any rules made under subsection (1) or subsection (2) must not be inconsistent with this Act, the Sentencing Act 2002, the Parole Act 2002, or any regulations made under any of those Acts.

          2. No rules may be made under this section that relate to matters for which rules must or may be made under section 45A.

          3. Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Compare
          • 1954 No 51 s 7(1)
          Notes
          • Section 33(1): amended, on , by section 9(1) of the Corrections Amendment Act 2013 (2013 No 5).
          • Section 33(2): amended, on , by section 9(1) of the Corrections Amendment Act 2013 (2013 No 5).
          • Section 33(6): inserted, on , by section 9(2) of the Corrections Amendment Act 2013 (2013 No 5).
          • Section 33(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).