Corrections Act 2004

Corrections system - Coercive powers - Alcohol and drugs

127: Restrictions on use of result of procedure

You could also call this:

"Results of prisoner tests can't be used in most court cases"

If you are a prisoner, you might have to do a certain test or procedure because of the Corrections Act 2004, specifically under section 124. The results of this test or procedure cannot be used as evidence against you or anyone else in most court cases. You cannot use the results in court cases under this Act, except for some specific cases like those under section 129 or section 130(1). The results also cannot be used in court cases under other laws, but they can be shown to the New Zealand Parole Board if needed.

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This page was last updated on 6 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296500.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

126: Prisoner must be informed of result of procedure, or

"Prisoners get to know the test results in writing, promptly, after agreeing to a test."

127A: Interpretation, or

"What special words mean in the Corrections Act 2004"

Part 2Corrections system
Coercive powers: Alcohol and drugs

127Restrictions on use of result of procedure

Neither the fact that a prisoner has been required, under section 124, to submit to a prescribed procedure nor any information obtained from that prescribed procedure are admissible as evidence against any prisoner or any other person—
in any proceedings under this Act, other than proceedings for an offence against section 129 or section 130(1); or
in any proceedings under any other enactment.

To avoid doubt, subsection (1) does not prevent any fact or information from being presented to, or considered by, the New Zealand Parole Board.

Compare

1954 No 51 s 36BD