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Corrections Act 2004

Corrections system - Coercive powers - Searching of prisoners and other persons

99: Search of persons other than prisoners

You could also call this:

"Checking people who visit prisoners to keep everyone safe"

Illustration for Corrections Act 2004

If you want to visit a prisoner or enter a prison, you may be searched first. You might have to go through a scanner search, which is like a special check to see if you have anything you shouldn't have. This search is defined in section 92A(1)(a) and section 92A(1)(b).

You might also have your temperature taken to check if you have a disease that could spread to others. However, this temperature check can only be done if it is allowed under section 103AAA.

While you are visiting a prisoner or in a prison, you can be searched at any time. If you do not agree to be searched, the officers can use reasonable force to make you do it.

If an officer thinks you have something you shouldn't have, they can ask to search you by touching your body, which is called a rub-down search. They need your permission to do this, but if you say no, you might have to leave the prison.

You can be asked to remove some of your clothes for a search, but if you refuse, you might not be allowed to visit the prisoner or you might have to leave the prison.

In some cases, you can be made to have a rub-down search even if you do not agree, but only if a manager or someone in charge says it is okay.

Remember, these rules are for people who are not prisoners, like you if you are visiting someone in prison.

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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=DLM296039.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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98F: Imaging technology search may be alternative to strip search, or

"Officers can use a special scanner to search prisoners instead of a strip search."

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100: Search of staff lockers and other places, or

"Prison staff lockers can be searched by officers with permission"

Part 2Corrections system
Coercive powers: Searching of prisoners and other persons

99Search of persons other than prisoners

  1. A person who wishes to enter a prison or to visit a prisoner may, before being admitted to the prison or before being allowed access to any prisoner, be required to undergo the following:

  2. a scanner search (as defined in section 92A(1)(a)) conducted by an officer for the purpose of detecting any unauthorised item:
    1. a scanner search (as defined in section 92A(1)(b)) conducted by an officer for the purpose of measuring the person’s body temperature to ascertain any risk that they may be carrying a communicable disease.

      1. A scanner search under subsection (1)(b) may only be carried out in accordance with an authorisation under section 103AAA.

      2. A person who enters a prison or visits a prisoner may, at any time while that person is in the prison or visiting a prisoner, be required to undergo a scanner search conducted by an officer for the purpose of detecting any unauthorised item, and, if that person refuses to submit to a scanner search, reasonable force may be used for the purposes of carrying out the search.

      3. If any officer has reasonable grounds to suspect that any person who wishes to enter a prison or visit a prisoner, or who is in a prison or visiting a prisoner, has in his or her possession any unauthorised item, the officer may, with that person's consent, conduct a rub-down search of that person.

      4. Any person who refuses to submit to a scanner search or a rub-down search before being admitted to a prison or any part of a prison or before being allowed access to a prisoner—

      5. must be refused admission to the prison or that part of the prison or, as the case may be, refused access to that prisoner:
        1. if the person is already inside the prison or visiting the prisoner, may be required to leave the prison or the other place where the prisoner is.

          1. Any person may be refused admission to a prison or part of the prison, refused access to a prisoner, or required to leave the prison or place where the prisoner is (as the case may be) if the person refuses to remove an item of outer clothing (on the grounds that the person has no other clothing, or only underclothing, under that outer clothing) for the purpose of a scanner search or a rub-down search.

          2. A person who is in a prison or visiting a prisoner and who refuses to consent to a rub-down search in accordance with subsection (3) may be required to undergo a rub-down search, and reasonable force may be used for the purposes of carrying out that search.

          3. A person may not be required to undergo a rub-down search under subsection (5) unless,—

          4. in the case of a person in a prison, the prison manager approves the conduct of a search under subsection (5):
            1. in the case of a person visiting a prisoner outside the prison, a security monitor, a prison manager, or the chief executive approves the conduct of a search under subsection (5).

              1. Nothing in this section authorises the search of any prisoner.

              2. In this section, section 100, and section 101, person includes—

              3. a staff member:
                1. a security officer:
                  1. a person entering a prison in the course of the person's employment.

                    Compare
                    • 1954 No 51 s 21L
                    Notes
                    • Section 99(1): replaced, on , by section 29 of the Corrections Amendment Act 2024 (2024 No 41).
                    • Section 99(1A): inserted, on , by section 29 of the Corrections Amendment Act 2024 (2024 No 41).
                    • Section 99(4A): inserted, on , by section 26 of the Corrections Amendment Act 2019 (2019 No 57).