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Corrections Act 2004

Corrections system - Establishment and operation of prisons - Telephone calls

77: Outgoing telephone calls

You could also call this:

"Prisoners' rights to make phone calls outside of prison"

When you are in prison, you can make phone calls to people outside. The person in charge of the prison must make sure you have access to a phone. You can make at least one five-minute phone call per week.

You can also make phone calls to official agencies or your lawyer. However, there are some rules that might stop you from making certain calls, like if you have been accused of a family violence offence, as stated in section 168A of the Criminal Procedure Act 2011.

The person in charge of the prison can decide what rules you must follow when making phone calls. They must think about how their decisions will affect the victims of crimes. You might have to pay for the phone call, but there are some exceptions to this rule.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296008.

Topics:
Crime and justice > Criminal lawCrime and justice > Victim supportGovernment and voting > Government departments
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"Prisoners can send and receive letters, but must follow certain rules."

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Part 2Corrections system
Establishment and operation of prisons: Telephone calls

77Outgoing telephone calls

  1. The chief executive must ensure that every corrections prison has telephone facilities for prisoners to make outgoing telephone calls.

  2. The Commissioner of Police must ensure that every Police jail has telephone facilities for prisoners to make outgoing telephone calls.

  3. Every prisoner is entitled to make at least 1 outgoing telephone call of up to 5 minutes' duration per week.

  4. The entitlement in subsection (3) is in addition to any telephone call made to—

  5. an official agency; or
    1. the prisoner's legal adviser.

      1. The entitlement in subsection (3) is overridden by directions given under section 168A (no-contact conditions if family violence offence defendant remanded in custody) of the Criminal Procedure Act 2011.

      2. The chief executive (in the case of a corrections prison) or the Commissioner of Police (in the case of a Police jail) may impose conditions on, and maintain records of, the use of telephone facilities by prisoners.

      3. In deciding what conditions (if any) to impose, the chief executive or the Commissioner of Police must take into account the interests of victims (including, in particular, being free from unwanted contact with prisoners).

      4. Every prisoner who makes an outgoing telephone call may be required to—

      5. meet the cost of the call; or
        1. pay a fee set by the chief executive.

          1. Despite subsection (6), a prisoner is not required to meet the cost of an outgoing telephone call or to pay a fee if this Act, or any regulations made under this Act, provides otherwise.

          Compare
          • SR 2000/81 r 107
          Notes
          • Section 77(4A): inserted, on , by section 51 of the Family Violence (Amendments) Act 2018 (2018 No 47).
          • Section 77(5A): inserted, on , by section 5 of the Corrections (Victim Protection) Amendment Act 2024 (2024 No 57).
          • Section 77(6): replaced, on , by section 13 of the Corrections Amendment Act 2019 (2019 No 57).
          • Section 77(7): inserted, on , by section 13 of the Corrections Amendment Act 2019 (2019 No 57).