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Corrections Act 2004

Corrections system - Establishment and operation of prisons - Denial or restriction of ability to associate

58: Segregation for purpose of security, good order, or safety

You could also call this:

"Keeping you apart from others in prison to keep everyone safe"

Illustration for Corrections Act 2004

The prison manager can stop you from associating with other prisoners if they think the prison's security or good order would be at risk. They can also do this if they think another prisoner or person's safety would be endangered. The manager must write down the reasons for this decision and tell you, and they must also inform the chief executive.

If the prison manager makes this decision, it will only last for 14 days unless the chief executive decides it should continue. If it continues, the chief executive must review it every month. After three months, the decision will end unless a Visiting Justice decides it should continue. If a Visiting Justice makes this decision, they must review it every three months.

The prison manager must end the decision if there is no longer a reason for it. The chief executive or a Visiting Justice can also end the decision at any time. You will be told the reasons for the decision and any changes to it in writing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM295473.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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57: Denial or restriction of prisoner’s opportunity to associate with other prisoners, or

"Rules for when prisoners can or can't mix with other prisoners"

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59: Segregation for purpose of protective custody, or

"Keeping You Safe in Prison by Separating You from Others"

Part 2Corrections system
Establishment and operation of prisons: Denial or restriction of ability to associate

58Segregation for purpose of security, good order, or safety

  1. The prison manager may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if, in the opinion of the manager,—

  2. the security or good order of the prison would otherwise be endangered or prejudiced; or
    1. the safety of another prisoner or another person would otherwise be endangered.

      1. If a direction is given under subsection (1),—

      2. the prisoner concerned must promptly be given the reasons in writing for the direction and any subsequent direction under subsection (3)(c):
        1. the chief executive must promptly be informed of the direction and the reasons for it.

          1. A direction under subsection (1)—

          2. must be revoked by the prison manager if there ceases to be any justification, under subsection (1), for continuing to restrict or deny the opportunity of the prisoner to associate with other prisoners:
            1. may be revoked at any time by the chief executive or a Visiting Justice:
              1. expires after 14 days unless, before it expires, the chief executive directs that it continue in force:
                1. if it continues in force because of a direction under paragraph (c), must—
                  1. be reviewed by the chief executive at intervals of not more than 1 month:
                    1. expire after 3 months unless a Visiting Justice directs that it continue in force:
                    2. if it continues in force because of a direction under paragraph (d)(ii), must be reviewed by a Visiting Justice at intervals of not more than 3 months.

                      Compare
                      • 1954 No 51 s 7(1A)–(1C)