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Corrections Act 2004

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

86: Possession, carriage, and use of firearms restricted

You could also call this:

"No guns allowed in prison unless you have special permission"

Illustration for Corrections Act 2004

You cannot have a firearm in a prison unless you have special permission. The chief executive can give you permission to have a firearm in a prison, but only in a certain area and for a good reason. You might be allowed to have a firearm for work, to kill sick animals, or to control pests.

If you are allowed to have a firearm, you must have a licence to use it, which you can get under section 24 of the Arms Act 1983. You cannot use a firearm when prisoners are around. You also cannot store a firearm in a prison.

Being a constable does not change these rules, as they are separate from other laws that constables follow.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296022.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyGovernment and voting > Government departments
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85: Use of less-lethal weapons, or

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

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87: Restraint of prisoners, or

"Rules for safely restraining prisoners to keep them and others safe"

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

86Possession, carriage, and use of firearms restricted

  1. No officer or staff member may possess, carry, or use any firearm within a prison except as provided under subsection (3).

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

  3. The chief executive may, in writing, authorise an officer or staff member to possess, carry, or use a firearm (other than a prohibited firearm) within a prison, but only in a specified area of the prison for 1 or more of the following purposes:

  4. for the purpose of any specified prison industry:
    1. for the purpose of humanely killing sick or injured animals:
      1. for the purpose of pest control.

        1. If subsection (3) applies, a firearm—

        2. may only be used by an officer or staff member who holds a current firearms licence under section 24 of the Arms Act 1983 and in accordance with that Act; and
          1. must not be used while prisoners are present; and
            1. must not be stored in a prison.

              Compare
              • 1954 No 51 s 19B
              Notes
              • Section 86 heading: amended, on , by section 7(1) of the Corrections Amendment Act 2009 (2009 No 3).
              • Section 86(1): replaced, on , by section 7(2) of the Corrections Amendment Act 2009 (2009 No 3).
              • Section 86(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
              • Section 86(3): inserted, on , by section 7(3) of the Corrections Amendment Act 2009 (2009 No 3).
              • Section 86(3): amended, on , by section 73 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).
              • Section 86(4): inserted, on , by section 7(3) of the Corrections Amendment Act 2009 (2009 No 3).