Corrections Act 2004

Corrections system - Establishment and operation of prisons - Temporary release from custody and temporary removal of prisoners

63: Temporary release from custody

You could also call this:

"Getting out of prison for a short time with rules to follow"

If you are temporarily released from custody under section 62, the chief executive decides how long you can stay out and what conditions you must follow. The chief executive can make you wear an electronic monitor to track where you go. You must do what the chief executive says. The chief executive or the prison manager can tell you to go back to prison at any time. If you do not go back to prison when you are supposed to, or if you break any of the conditions, you will be in trouble with the law. If you are out of prison without a good reason after your release time is up, or after you are told to go back, or if you break any conditions, you can be charged with escaping from lawful custody.

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This page was last updated on 6 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM295479.

Topics:

Crime and justice > Criminal law

62: Temporary release from custody or temporary removal from prison, or

"Leaving prison for a short time to help you prepare for life outside"

64: Temporary removal from prison, or

"Leaving prison for a short time with rules to follow"

Part 2Corrections system
Establishment and operation of prisons: Temporary release from custody and temporary removal of prisoners

63Temporary release from custody

Any temporary release from custody under section 62 is for a period fixed by the chief executive and may be subject to conditions imposed by the chief executive.
The conditions that may be imposed by the chief executive under subsection (1) include, without limitation, a condition requiring the person who is temporarily released from custody to submit to the electronic monitoring of compliance with any temporary release conditions that relate to his or her whereabouts.
The chief executive or the prison manager may, at any time, direct the return to a prison of any person temporarily released from custody under section 62.
Every person temporarily released from custody under section 62 is deemed to be unlawfully at large if he or she—
is at large after the expiry of the period for which he or she was so released; or
is at large after the giving of a direction for his or her return to a prison under subsection (2); or
breaches any condition imposed under subsection (1) requiring the person to stay at any place or within any geographical area, to stay with a particular person or group, or to attend a particular programme or course.

If any person released under this section is at large without reasonable excuse (the proof of which excuse lies on him or her) after the expiry of the period for which he or she was released, after the giving of a direction under subsection (2), or after the person breaches any condition referred to in subsection (3)(c), he or she is deemed to have escaped from lawful custody and is liable accordingly.

Compare

1954 No 51 ss 21(2)–(5), 21A(2)–(9)

Notes

Section 63(1A): inserted, on 22 December 2016, by section 4 of the Corrections (Electronic Monitoring of Offenders) Amendment Act 2016 (2016 No 45).