Corrections Act 2004

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

44: Standard conditions of issue and transfer of issued items

You could also call this:

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

When you get something in prison, you have to agree to some rules. You must say in writing that you are responsible for the item. You also have to say that the prison is not responsible if the item gets lost or damaged. You cannot give the item to another prisoner without the prison manager saying it is okay. You have to follow any special rules about the item.

The rules do not apply to some items, like those that are controlled by the prison. They also do not apply when a prison staff member is in charge of the item. The rules do not change any other rules about what you can and cannot have in prison, which are made under section 45A.

When the law talks about "the corrections authorities", it means the government, prison staff, contractors, and security officers, including constables and security personnel.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM295452.


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43: Authorised property, or

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


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45: Disposal and destruction of prisoner property, or

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

44Standard conditions of issue and transfer of issued items

  1. The condition referred to in section 43(1)(c) is that, before the item is issued to the prisoner, the prisoner must acknowledge in writing that—

  2. the prisoner accepts full responsibility for the property; and
    1. the corrections authorities are not liable for any loss of, or damage to, the property; and
      1. the property may not be transferred to another prisoner without the prior approval of the prison manager; and
        1. the prisoner will comply with any special conditions imposed under section 43(1)(b).
          1. This section does not—

          2. apply to any item of property declared by rules made under section 45A as prison property to which this section does not apply; or
            1. apply to any property while it is under the immediate control and supervision of any of the corrections authorities; or
              1. limit any conditions set out in rules made under section 45A relating to the issue, keeping, or transfer of authorised property.
                1. In this section, the corrections authorities include the following:

                2. the Crown:
                  1. a staff member:
                    1. a contractor:
                      1. an employee of a contractor:
                        1. a security contractor:
                          1. an employee of a security contractor:
                            1. a constable:
                              1. a security officer.
                                Compare
                                • SR 2000/81 r 114
                                Notes
                                • Section 44(1): amended, on , by section 12(1) of the Corrections Amendment Act 2013 (2013 No 5).
                                • Section 44(2)(a): amended, on , by section 12(2) of the Corrections Amendment Act 2013 (2013 No 5).
                                • Section 44(2)(c): amended, on , by section 12(3) of the Corrections Amendment Act 2013 (2013 No 5).
                                • Section 44(3)(g): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).