Corrections Act 2004

Corrections system - Establishment and operation of prisons - Detention and custody of prisoners

39: Duty of prisoner to return if control or supervision ceases

You could also call this:

"Prisoners must return to prison if their supervisor can't watch them anymore"

If you are a prisoner outside of prison and the person in charge of you gets sick or can't supervise you anymore, you must go back to prison right away. You have to return to prison immediately if the supervision stops for any reason. If you don't go back to prison without a good reason, you will be considered to have escaped from prison and will be in trouble with the law.

If you fail to return to prison, you will be deemed to have escaped from lawful custody and will be considered unlawfully at large. This means you will be liable for escaping from prison. You will have to prove that you had a good reason for not returning to prison, or you will be in trouble.

You must take responsibility for returning to prison if your supervision stops, and you can't just stay outside of prison without a good reason.

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This page was last updated on 6 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM295446.

Topics:

Crime and justice > Criminal lawGovernment and voting > Government departments

38: Legal custody of prisoners, or

"Who is in charge of prisoners in New Zealand"

40: Prisoners must obey lawful orders, or

"Prisoners must follow the rules and do what staff tell them to do"

Part 2Corrections system
Establishment and operation of prisons: Detention and custody of prisoners

39Duty of prisoner to return if control or supervision ceases

If, owing to the illness or incapacity of the officer, staff member, or probation officer having the control or supervision of any prisoner outside the prison, or for any other reason, that control or supervision ceases, the prisoner must return to the prison immediately.
If the prisoner fails, without reasonable excuse (the proof of which lies on the prisoner), to return, he or she is deemed to have escaped from lawful custody and to be unlawfully at large, and is liable accordingly.

Compare

1954 No 51 s 16(4)