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Corrections Act 2004

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

45: Disposal and destruction of prisoner property

You could also call this:

"What happens to a prisoner's belongings if they are a danger or not allowed in prison"

Illustration for Corrections Act 2004

If you have property while you are a prisoner, the prison manager can decide to destroy or get rid of it if they think it is a danger to someone, a health hazard, or can catch fire. The prison manager can also get rid of your property if it is alcohol, a controlled drug as defined in the Misuse of Drugs Act 1975, something that is not allowed, or something that will spoil.

The prison manager can also destroy or get rid of your property if they need you to remove it from the prison because of the rules, and you do not do it quickly enough.

When your property is being destroyed, you should be there to see it happen, but you do not have to be there if it would be dangerous or if it is not possible for you to be there, or if the prison staff cannot find you.

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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=DLM295454.

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

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45A: Rules about authorised property, or

"What prisoners are allowed to have in prison"

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

45Disposal and destruction of prisoner property

  1. An item of prisoner property may be destroyed or disposed of in a manner approved by the prison manager if the prison manager considers the item to be—

  2. a dangerous item or substance; or
    1. a health hazard; or
      1. inflammable; or
        1. alcohol; or
          1. a controlled drug (within the meaning of the Misuse of Drugs Act 1975); or
            1. objectionable; or
              1. perishable.

                1. An item of prisoner property may be destroyed or disposed of in a manner approved by the prison manager if the prison manager requires the item to be removed from the prison in accordance with any regulations made under this Act, and the prisoner concerned fails to comply with that requirement reasonably promptly.

                2. Any destruction of a prisoner's property must be carried out in the prisoner's presence unless—

                3. destruction in his or her presence is dangerous or impracticable; or
                  1. the prisoner cannot be identified or located.

                    Compare
                    • SR 2000/81 r 120
                    Notes
                    • Section 45(1)(d): replaced, on , by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).