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Corrections Act 2004

Corrections system - Coercive powers - Opening and reading of mail and withholding of correspondence

106: Opening of mail

You could also call this:

"Prison staff can open and check a prisoner's mail to keep them safe"

Illustration for Corrections Act 2004

If you are a prisoner, your mail can be opened. This is because of rules in the Corrections Act 2004. Your mail can be checked for things you are not allowed to have. If something you are not allowed to have is found in your mail, it can be kept from you by the prison manager. You can read more about this in sections 109 and 110.

When your mail is opened or checked, two staff members must be there. One staff member will open and check your mail, and the other staff member will watch.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296049.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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105: Restriction on sending mail to other prisoners, or

"Prisoners must ask the prison manager before sending mail to other prisoners."

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107: Reading of correspondence, or

"Who can read a prisoner's mail and why"

Part 2Corrections system
Coercive powers: Opening and reading of mail and withholding of correspondence

106Opening of mail

  1. Subject to sections 109 and 110,—

  2. mail to or from a prisoner may be opened:
    1. mail to or from a prisoner may be examined for unauthorised items:
      1. any unauthorised item found in any mail to a prisoner may be withheld from the prisoner, with the authority of the prison manager.

        1. Any mail to or from a prisoner that is to be opened or examined must be opened and examined by a staff member in the presence of 1 other staff member.

        Compare
        • SR 2000/81 r 100
        Notes
        • Section 106(2): replaced, on , by section 26 of the Corrections Amendment Act 2013 (2013 No 5).