Corrections Act 2004

Corrections system - Offences - Offences against discipline

129: Offences by prisoners relating to drugs, alcohol, smoking, and vaping

You could also call this:

"Rules for prisoners about drugs, alcohol, smoking, and vaping in prison"

If you are a prisoner, you commit an offence against discipline if you use drugs or drink alcohol without a medical officer's permission, or unless section 79(3) applies. You also commit an offence if you smoke tobacco or any other substance, or vape, inside a prison, as defined in section 2 of the Smokefree Environments and Regulated Products Act 1990.

If you are required to take a test under section 124 and you refuse, or do not have a good reason for not taking it, you commit an offence.

You commit an offence if you try to tamper with a sample that is required for a test, such as by adding something to it or changing it in some way, or if you try to stop the sample from being taken properly.

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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=DLM296504.

Topics:

Crime and justice > Criminal lawCrime and justice > Police and safetyHealth and wellbeing > Public health

128: Offences by prisoner, or

"What happens if a prisoner breaks the rules in prison"

130: Offences committed by persons while on temporary release from custody under section 62, or

"Breaking rules while on temporary release from prison"

Part 2Corrections system
Offences: Offences against discipline

129Offences by prisoners relating to drugs, alcohol, smoking, and vaping

Every prisoner commits an offence against discipline who,—
without the authority of a medical officer or health centre manager or unless section 79(3) applies, uses any drug or consumes alcohol (whether inside or outside a prison); or
smokes tobacco or any other substance, or vapes within the meaning of section 2 of the Smokefree Environments and Regulated Products Act 1990, inside a prison; or
having been required under section 124 to submit to a prescribed procedure,—
1. refuses to comply with the requirement; or
2. without reasonable excuse, fails to comply with the requirement; or
does any of the following in respect of any sample required to be supplied (whether by that prisoner or any other prisoner) in accordance with a prescribed procedure:
1. consumes, administers, or supplies any substance with intent to dilute or contaminate the sample:
2. otherwise tampers with the sample.

Compare

1954 No 51 s 32A(1)

Notes

Section 129 heading: amended, on 11 November 2020, by section 30 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
Section 129 heading: amended, on 5 March 2013, by section 34(2) of the Corrections Amendment Act 2013 (2013 No 5).
Section 129(a): amended, on 4 June 2013, by section 34(1) of the Corrections Amendment Act 2013 (2013 No 5).
Section 129(a): amended, on 3 April 2009, by section 22 of the Corrections Amendment Act 2009 (2009 No 3).
Section 129(aa): inserted, on 5 March 2013, by section 34(3) of the Corrections Amendment Act 2013 (2013 No 5).
Section 129(aa): amended, on 11 November 2020, by section 30 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
Section 129(c): replaced, on 4 June 2013, by section 34(4) of the Corrections Amendment Act 2013 (2013 No 5).