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Corrections Act 2004

Corrections system - Coercive powers - Use of force and restraints, and related matters

85: Use of less-lethal weapons

You could also call this:

"Rules for corrections officers using special weapons that don't kill, but can hurt or stop someone"

If you are a corrections officer, you can use less-lethal weapons in certain situations. You can use these weapons when you are allowed to use physical force, as described in section 83(1).

You are only allowed to use less-lethal weapons if it is necessary. If a prisoner is passively resisting a lawful order, you can only use a less-lethal weapon if you think someone will get hurt soon.

The use of less-lethal weapons has rules and conditions that you must follow. These rules are made by regulations under the Corrections Act. When you use a less-lethal weapon, you must follow the rules in section 83(1) and section 83(2).

Less-lethal weapons are designed to temporarily disable or incapacitate someone. The Minister must consider information about the weapon before deciding if it can be used. This information includes how the weapon will be used, training for officers, and safety information from the manufacturer.

The Minister must be satisfied that using the weapon is humane and that the benefits outweigh the risks. The chief executive must provide the Minister with enough information to make this decision.

Note that being a constable gives you other powers under different laws, and this section does not limit those powers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296020.

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Part 2Corrections system
Coercive powers: Use of force and restraints, and related matters

85Use of less-lethal weapons

  1. In any situation described in section 83(1) or in any other situation where an officer or staff member is authorised by any other provision in this Act or any other enactment to use physical force, any officer or staff member may, if necessary, use any kind of less-lethal weapon prescribed for use.

  2. An officer may only use a less-lethal weapon prescribed for use in dealing with a prisoner who is passively resisting a lawful order in the situation described in section 83(1)(c)(ii) if the officer has reasonable grounds for believing there is an imminent threat of injury or harm to the prisoner or any other person.

  3. The use of a less-lethal weapon by an officer or a staff member—

  4. is subject to any conditions or restrictions specified in regulations made under this Act; and
    1. must, if the weapon is used in any situation described in section 83(1), be in accordance with section 83(2).

      1. Regulations may not be made authorising the use of any kind of less-lethal weapon unless the Minister is satisfied that—

      2. the use of that kind of weapon is compatible with the humane treatment of prisoners; and
        1. the potential benefits from the use of the weapon outweigh the potential risks.

          1. The Minister must consider sufficient information relevant to the use of a less-lethal weapon to be satisfied of the matters in subsection (3).

          2. The information must be provided to the Minister by the chief executive and may include, without limitation, the following:

          3. operational policies and procedures including, without limitation, those relating to the management of health impacts relating to the use of the weapon:
            1. training manuals:
              1. manufacturers’ safety and operational information:
                1. any reports by domestic or international agencies that relate to the consistency of the use of the weapon with the humane treatment of prisoners.

                  1. In this section, less-lethal means any weapon designed—

                  2. to temporarily disable a person against whom it is used; or
                    1. to incapacitate a person against whom it is used.

                      1. This section does not limit the powers of a constable under any other enactment.

                      Notes
                      • Section 85 heading: amended, on , by section 20(1) of the Corrections Amendment Act 2024 (2024 No 41).
                      • Section 85(1): amended, on , by section 20(2) of the Corrections Amendment Act 2024 (2024 No 41).
                      • Section 85(1A): inserted, on , by section 20(3) of the Corrections Amendment Act 2024 (2024 No 41).
                      • Section 85(2): amended, on , by section 20(2) of the Corrections Amendment Act 2024 (2024 No 41).
                      • Section 85(3): amended, on , by section 20(2) of the Corrections Amendment Act 2024 (2024 No 41).
                      • Section 85(3A): inserted, on , by section 20(4) of the Corrections Amendment Act 2024 (2024 No 41).
                      • Section 85(3B): inserted, on , by section 20(4) of the Corrections Amendment Act 2024 (2024 No 41).
                      • Section 85(4): amended, on , by section 20(5) of the Corrections Amendment Act 2024 (2024 No 41).
                      • Section 85(5): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).