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Corrections Act 2004

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

108: Withholding mail

You could also call this:

"When a prison can stop your mail to keep you or others safe"

A prison manager can stop mail between you and another person if you ask them to. They can also stop mail if the other person is under 16 and their guardian asks them to. If the other person is a prisoner, the manager can stop mail if neither of you told them you wanted to write to each other. The manager can stop mail if they think it might threaten or intimidate someone, or put someone in danger. They can also stop mail if they think it might help someone commit a crime, or if it goes against a court order, such as a direction given under section 168A of the Criminal Procedure Act 2011. If mail is stopped, you must be told that it has been stopped, unless it is being sent to an enforcement officer. This rule is also subject to sections 109 and 110. The manager can stop mail if they think it might promote hostility towards a group of people on grounds specified in section 21 of the Human Rights Act 1993.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296051.

Topics:
Crime and justice > Criminal lawCrime and justice > Victim supportRights and equality > Anti-discrimination
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107: Reading of correspondence, or

"People can read a prisoner's mail to check if it's okay to deliver it"

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109: Mail between prisoners, official agencies, and members of Parliament, or

"Prisoners' mail to and from officials and MPs is private and will not be opened."

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

108Withholding mail

  1. A prison manager may withhold mail between a prisoner and another person if—

  2. the prisoner or the other person asks the manager to do so; or
    1. the other person is under 16 years, and his or her guardian asks the manager to do so; or
      1. the other person is a prisoner, and neither prisoner has first notified the prison manager of his or her intention to correspond; or
        1. the manager believes on reasonable grounds that the correspondence or mail may, directly or indirectly,—
          1. threaten or intimidate any person; or
            1. endanger the safety or welfare of any person; or
              1. pose a threat to the security of the prison; or
                1. promote or encourage the commission of an offence, or involve, or facilitate the commission or possible commission of, an offence; or
                  1. prejudice the maintenance of the law (including the prevention, detection, investigation, prosecution, and punishment of offences, and the right to a fair trial); or
                    1. breach an order or direction of any court (for example, a direction given under section 168A (no-contact conditions if family violence offence defendant remanded in custody) of the Criminal Procedure Act 2011) or constitute contempt of court; or
                      1. promote or encourage hostility towards any group of persons on 1 or more of the grounds specified in section 21 of the Human Rights Act 1993.

                      2. If mail or an unauthorised item found in any mail is withheld, the prisoner to or from whom the mail was directed must be informed that the mail or item, as the case may be, has been withheld, unless it is to be forwarded to an enforcement officer.

                      3. This section is subject to sections 109 and 110.

                      Compare
                      • SR 2000/81 r 102
                      Notes
                      • Section 108(1)(d): amended, on , by section 31 of the Corrections Amendment Act 2024 (2024 No 41).
                      • Section 108(1)(d): amended, on , by section 28(1) of the Corrections Amendment Act 2019 (2019 No 57).
                      • Section 108(1)(d)(i): amended, on , by section 28(2) of the Corrections Amendment Act 2019 (2019 No 57).
                      • Section 108(1)(d)(iv): amended, on , by section 16(2) of the Corrections Amendment Act 2009 (2009 No 3).
                      • Section 108(1)(d)(v): inserted, on , by section 16(2) of the Corrections Amendment Act 2009 (2009 No 3).
                      • Section 108(1)(d)(vi): inserted, on , by section 16(2) of the Corrections Amendment Act 2009 (2009 No 3).
                      • Section 108(1)(d)(vi): amended, on , by section 52 of the Family Violence (Amendments) Act 2018 (2018 No 47).
                      • Section 108(1)(d)(vii): inserted, on , by section 28(3) of the Corrections Amendment Act 2019 (2019 No 57).