Corrections Act 2004

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

102: Reporting of unauthorised items discovered, certain searches, and placement in dry cells

You could also call this:

"Telling the boss about forbidden items found in prison"

Illustration for Corrections Act 2004

If you are a prison officer or staff member and you find something that a prisoner is not allowed to have, you must tell the prison manager or your supervisor right away. You need to say what you found and how you found it. This rule applies if you found the item while searching the prisoner, or if you found it some other way. You can read more about the rules for searching prisoners in sections 98 to 101.

If you search a prisoner and take all their clothes off, you must tell the prison manager or your supervisor what you did and what you found. This is so they know what happened and can keep a record of it. You can read more about when you can do a strip search in section 98(3)(a), and about other types of searches in section 98(9), section 99(5), or section 100.

If a prisoner is put in a special cell to stop them hiding things they are not allowed to have, the prison manager must keep a record of it. You must also tell the prison manager if you find something the prisoner is not allowed to have while they are in that cell.

When you make a report, you must say why you searched the prisoner and what you found. The person you tell must keep a record of your report.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296043.


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

102Reporting of unauthorised items discovered, certain searches, and placement in dry cells

  1. If any unauthorised item is discovered by any officer or staff member, whether as a consequence of a search under any of sections 98 to 101 or otherwise, the officer or staff member must, promptly after the discovery, report the details of the discovery to the prison manager concerned or to the supervisor of the security officer who discovered the item, as the case requires.

  2. Every officer who conducts a strip search of any person in the circumstances described in section 98(3)(a) (whether or not the approval of a prison manager is required to undertake that search) or a search under section 98(9), section 99(5), or section 100 must, promptly after the search,—

  3. if the officer is not a security officer, report the details of the search to the prison manager concerned:
    1. if the officer is a security officer, report the details of the search to the supervisor of the security officer.
      1. If any prisoner is placed in a cell or other facility designed to prevent the concealment or disposal of unauthorised items,—

      2. the manager of the prison in which the cell or facility is must ensure that a record of the details of that placement, and whether any unauthorised item is discovered as a result, is made and kept:
        1. any officer or staff member who discovers an unauthorised item following that placement must report the details of the discovery to the prison manager.
          1. Every report under subsection (2) must contain—

          2. the reasons for the search; and
            1. the details of any unauthorised item discovered as a result of the search.
              1. Every person to whom a report is made under subsection (1), subsection (2), or subsection (3)(b) must ensure that a record of that report is made and kept.