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Corrections Act 2004

Corrections system - Establishment and operation of prisons - Prisoners' property

43: Authorised property

You could also call this:

"What things you are allowed to have with you in prison"

Illustration for Corrections Act 2004

You can have some things with you in prison, but there are rules. You can have things that are allowed, as long as you follow the conditions in the rules made under section 45A, and any special conditions the prison manager sets. You also have to follow the condition in section 44(1).

The prison manager can stop you from having something if they think it might hurt you or someone else. They can also stop you if they think you might use it to record things in the prison, or to get around the rules. The prison manager can stop you from having something if it was taken from someone else, or if it is not allowed.

The prison manager can also stop you from having something if you are in trouble, or if you are being watched closely. They can stop you if you are in a Police jail and they do not have the space or staff to let you keep it. They can also stop you if there are other reasons set out in the regulations or rules made under section 45A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM295451.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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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."

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44: Standard conditions of issue and transfer of issued items, or

"Rules for looking after things you're given in prison"

Part 2Corrections system
Establishment and operation of prisons: Prisoners' property

43Authorised property

  1. A prisoner may be issued with, or allowed to keep, authorised property subject to—

  2. any condition set out in rules made under section 45A; and
    1. any special conditions imposed by the prison manager relating to the use of the property; and
      1. the condition described in section 44(1).

        1. Despite subsection (1), the prison manager may refuse to issue or allow a prisoner to keep an item of property if he or she has reasonable grounds to believe that—

        2. the item may be used to injure the prisoner or any other person, or to damage property; or
          1. the item is a camera, tape recorder, or electronic device that may be used to record security features or actions in the prison; or
            1. the item may be used to circumvent practices or procedures in the prison; or
              1. the item has been obtained through coercion of a prisoner or as a result of other improper behaviour; or
                1. the item is objectionable; or
                  1. the item may assist a prisoner to—
                    1. discover new methods of committing offences; or
                      1. continue offending; or
                      2. the item may interfere with the effective management of the prison.

                        1. Despite subsection (1), the prison manager may refuse to issue or allow a prisoner to keep any item of authorised property—

                        2. if the prisoner is—
                          1. subject to a penalty of forfeiture of privileges imposed under subpart 5 of Part 2; or
                            1. the subject of a direction under section 60 for the reason described in section 60(1)(b) (which relates to assessing or ensuring the prisoner's mental health); or
                              1. subject to cell confinement imposed as a penalty under subpart 5 of Part 2; or
                                1. an at-risk prisoner; or
                                2. if the prisoner is detained in a Police jail and, in the opinion of the manager, having regard to the facilities available at the Police jail and the resources available, it is not practicable to allow the prisoner to keep the item; or
                                  1. in any other circumstances specified in regulations made under this Act or rules made under section 45A.

                                    Compare
                                    • SR 2000/81 r 113
                                    Notes
                                    • Section 43(1): replaced, on , by section 11(1) of the Corrections Amendment Act 2013 (2013 No 5).
                                    • Section 43(3)(a)(iv): inserted, on , by section 10 of the Corrections Amendment Act 2024 (2024 No 41).
                                    • Section 43(3)(c): amended, on , by section 11(2) of the Corrections Amendment Act 2013 (2013 No 5).