Corrections Act 2004

Corrections system - Establishment and operation of prisons - Transfer of prisoners

55: Information to be given to prisoners

You could also call this:

"What prisoners are told when they are being moved to a new prison"

If you are a prisoner, you must be told about your transfer and where you are going at least 7 days before it happens. You also get to tell a family member about the transfer before it happens. You can tell a family member yourself, and you must be given a reasonable chance to do so. If you are not told about the transfer 7 days in advance, it might be because you could cause problems before or after the transfer, or because your safety or someone else's safety is at risk.

If you are transferred because of safety risks or to keep the prison secure, you can make one free phone call to a family member when you arrive at the new prison to tell them where you are. This free phone call is only allowed if you were not told about the transfer in advance and did not get to tell a family member. If your transfer is to manage the number of prisoners, you will be told about it before you leave, and if you cannot tell a family member, you can make a free phone call when you arrive.

You might be transferred under section 65(1) or (3), which is about being removed for court purposes, and the rules are a bit different then.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM295469.

Topics:

Crime and justice > Criminal lawGovernment and voting > Government departments

54: Reasons for transfer, or

"Why you might be moved to a different prison"

56: Information about reasons for transfer, or

"Why you were moved to a different prison"

Part 2Corrections system
Establishment and operation of prisons: Transfer of prisoners

55Information to be given to prisoners

A prisoner must be—
informed of an impending transfer, and the destination, at least 7 days in advance; and
provided with a reasonable opportunity to inform a member of his or her family of the impending transfer, and the destination, before the transfer is made.

Subsection (1) does not apply if—
the prisoner to be transferred is expected to create a management difficulty before the transfer is made or as a result of the transfer; or
the transfer is being made because there are reasonable grounds to believe that the safety of the prisoner or others at the prison within which the prisoner currently resides is at risk; or
the transfer is being made to restore or maintain the security and order of the prison from which the prisoner is being transferred; or
the transfer is being made to allow for the effective management of the national prisoner muster; or
the transfer is being made under section 65(1) or (3) (which relates to removal for judicial purposes).

A prisoner to whom subsection (2)(a), (b), or (c) applies must, on arrival at the destination, be allowed 1 free phone call within New Zealand to advise a member of his or her family of that destination.
Subsection (3) does not apply to a prisoner if that prisoner—
is informed of the impending transfer and the destination; and
is provided with a reasonable opportunity to inform a member of his or her family of the impending transfer before it is made.

A prisoner to whom subsection (2)(d) applies must be informed of the transfer before departure and, if the prisoner does not have a reasonable opportunity to inform a member of his or her family before the transfer is made, then, on arrival at the destination, that prisoner must be allowed 1 free phone call within New Zealand to advise a member of his or her family of that destination.

Compare

SR 2000/81 r 37