Plain language law

New Zealand law explained for everyone

Corrections Act 2004

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

41: Collection of biometric information, etc, from prisoner

You could also call this:

"Prison officers can collect personal info and photos from prisoners to keep them and others safe"

When you are a prisoner, an officer can tell you to do certain things. You might have to let them take your photo, collect information about your body, or take your measurements. This is so they can keep a record of who you are.

An authorised person can also take your photo, collect information about your body, or take your measurements for intelligence purposes. They can do this to help keep you and others safe. You can find out more about what an authorised intelligence person is by reading section 127A.

If you do not want to do these things, the officer can use reasonable force to make you. The information they collect about you can be used and shared under subpart 4A of this Part.

If you are found not guilty of a crime, any information they collected about you while you were in prison must be destroyed. This is to make sure your privacy is protected.

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 It might be out of date or be missing some parts.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=DLM295448.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
Previous

40: Prisoners must obey lawful orders, or

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

Next

42: Certain information to be given to recently received prisoners, or

"When you go to prison, you get important information about the rules and your rights."

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

41Collection of biometric information, etc, from prisoner

  1. An officer may direct that a prisoner submit to—

  2. photographs being taken of the prisoner:
    1. biometric information being collected from the prisoner:
      1. measurements being taken from the prisoner:
        1. any other prescribed procedure designed to create a record to enable the subsequent identification of the prisoner.

          1. An authorised intelligence person (as defined in section 127A) may, for an intelligence purpose,—

          2. take photographs of a prisoner:
            1. collect biometric information from a prisoner:
              1. take measurements from a prisoner:
                1. collect information by carrying out a prescribed procedure designed to create a record to enable the subsequent identification of a prisoner.

                  1. No procedure that purports to authorise the taking of a bodily sample from a prisoner may be prescribed for the purposes of subsection (1)(d) or (1A)(d).

                  2. The powers conferred by subsection (1)—

                  3. may be exercised only for the purpose of—
                    1. facilitating the management and security of the prison; and
                      1. verifying the identity of prisoners upon release into the community to ensure public safety; and
                      2. must be exercised subject to the provisions of this Act and any other enactment.

                        1. If necessary, reasonable force may be used by an officer under subsection (1) to compel the prisoner to submit to the taking of photographs, the collection of biometric information, the taking of measurements, or other prescribed procedures.

                        2. Information that is collected or taken from a prisoner under subsection (1) or (1A) may be monitored, collected, used, or disclosed under subpart 4A of this Part.

                        3. The chief executive must ensure that, if the prisoner is a person accused of an offence and subsequently acquitted, all information collected or taken from the prisoner under this section during the prisoner’s detention in respect of the charge, and any record of identifying information created in reliance on subsection (1) during that period, are immediately destroyed.

                        Notes
                        • Section 41: replaced, on , by section 16 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42).
                        • Section 41(1A): inserted, on , by section 9(1) of the Corrections Amendment Act 2024 (2024 No 41).
                        • Section 41(2): amended, on , by section 9(2) of the Corrections Amendment Act 2024 (2024 No 41).
                        • Section 41(4): amended, on , by section 9(3) of the Corrections Amendment Act 2024 (2024 No 41).
                        • Section 41(4A): inserted, on , by section 9(4) of the Corrections Amendment Act 2024 (2024 No 41).