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Corrections Act 2004

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

110: Mail between prisoners and legal advisers

You could also call this:

"Prisoners' mail to and from their lawyers is private and protected"

Illustration for Corrections Act 2004

If you are a prisoner, you have the right to send and receive mail from your legal adviser. A staff member is not allowed to open your mail or read your correspondence unless they have a good reason to do so. The prison manager must not stop you from getting mail from your legal adviser unless they are allowed to under the rules.

If you send mail to your legal adviser, but you do not address it to their business address, a staff member may open it. If your legal adviser sends you mail, but does not include a letter saying they are your legal adviser and the mail is about your legal affairs, a staff member may open it. The prison manager can check your mail if they think it might have something in it that you are not allowed to have.

The manager can read your mail if it appears to have something in it that is not about your legal affairs. However, they must stop reading as soon as they see it is about your legal affairs. If the mail has something in it that you are not allowed to have, the manager can take it away from you.

You can read more about what happens if the manager reads your mail in section 108. The manager must check your mail when you are present and read it when you are present. You are not allowed to send or receive anything in your mail except for things about your legal affairs, unless you get the prison manager's written approval first.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296053.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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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."

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110A: Restrictions on disclosure of mail, or

"Rules for keeping prisoner mail private"

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

110Mail between prisoners and legal advisers

  1. A staff member must not open any mail and an authorised person must not read any correspondence and a prison manager must not withhold any mail between a prisoner and his or her legal adviser, unless authorised to do so under any of subsections (2) to (6).

  2. A staff member may open any mail that—

  3. is being sent by a prisoner to his or her legal adviser, but is not addressed to the legal adviser at the legal adviser's business address (including any postal address used for business purposes); or
    1. has been sent by a prisoner's legal adviser to the prisoner, but is not accompanied by a covering letter from the legal adviser, addressed to the manager of the prison, stating that—
      1. the legal adviser is acting in a professional capacity in respect of the prisoner; and
        1. the mail or correspondence relates to the prisoner's legal affairs.

        2. The manager of a prison may examine any mail between a prisoner and his or her legal adviser appearing to contain an unauthorised item, or any correspondence or document not related to the prisoner's legal affairs.

        3. The manager of a prison—

        4. may read any correspondence or document, or any part of any correspondence or document, contained in any mail between a prisoner and his or her legal adviser examined under subsection (3) that appears not to be related to the prisoner's legal affairs; but
          1. must stop reading the correspondence or document, or part of the correspondence or document, as soon as it appears to be related to the prisoner's legal affairs.

            1. Any unauthorised item contained in any mail to a prisoner from his or her legal adviser that has been examined under subsection (3) may be withheld from the prisoner.

            2. Section 108 applies to any correspondence or document contained in any mail between a prisoner and his or her legal adviser if—

            3. the manager has read it under subsection (4); and
              1. it (or any part of it) appears to the manager not to be related to the prisoner's legal affairs.

                1. Mail examined under subsection (3) must be examined in the prisoner's presence.

                2. Mail read under subsection (4) must be read in the prisoner's presence.

                3. No mail between a prisoner and his or her legal adviser may contain any item other than correspondence or documents relating to the prisoner's legal affairs unless the prisoner and legal adviser first obtain the prison manager's written approval.

                Compare
                • SR 2000/81 r 104
                Notes
                • Section 110(1): replaced, on , by section 29(1) of the Corrections Amendment Act 2013 (2013 No 5).
                • Section 110(2): amended, on , by section 29(2) of the Corrections Amendment Act 2013 (2013 No 5).