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Corrections Act 2004

Corrections system - Offences - Offences against discipline

133: Powers of hearing adjudicator in relation to offences against discipline

You could also call this:

"What happens if a prisoner breaks the rules: a hearing and possible penalties"

Illustration for Corrections Act 2004

If you are a prisoner, a hearing adjudicator can hear complaints about you breaking prison rules. The adjudicator can ask you and other people questions about what happened. You have the right to be at the hearing and to ask questions to the people giving evidence against you. The adjudicator will listen to what everyone says and then make a decision.

If the adjudicator decides you broke the rules, they can give you a penalty. The penalty might be taking away some of your privileges, like not being able to watch TV or play sports, for up to 28 days. It could also be taking away some of the money you earn while in prison for up to 7 days, or putting you in a cell for up to 7 days.

Before giving you a penalty, the adjudicator must think about your situation. If you broke a serious rule, the adjudicator might take away something that belongs to you, like a book or a toy. In some cases, the adjudicator can also take away some of your earnings to pay for something you damaged.

The adjudicator can decide not to give you a penalty right away. Instead, they can say you have to come back to the hearing if you break another rule within the next 3 months. But if you do break another rule, the adjudicator cannot make you wait again.

If the adjudicator thinks you should go to court instead of getting a penalty, they can stop the hearing. They will then ask someone to take you to court and will write down why they think you should go to court. This section of the law is connected to other parts of the law, like sections 134 to 140.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296508.

Topics:
Crime and justice > Criminal law
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132: Minor or unintentional breaches of discipline, or

"Breaking prison rules by accident or in a small way"

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133A: Hearing adjudicator may proceed with hearing without prisoner present, or

"The adjudicator can hold a hearing without the prisoner if they don't attend or behave badly."

Part 2Corrections system
Offences: Offences against discipline

133Powers of hearing adjudicator in relation to offences against discipline

  1. A hearing adjudicator has power to hear any complaint relating to any offence against discipline alleged to have been committed by a prisoner, and may examine any person concerning the alleged offence, on oath or otherwise at his or her discretion.

  2. Every hearing and examination must be in the presence and hearing of the prisoner charged with the offence, who is entitled to be heard and to cross-examine any witness.

  3. If, at any hearing under this section, a hearing adjudicator finds the offence proved, he or she may impose 1 or more of the following penalties:

  4. forfeiture or postponement of all or any privileges for any period not exceeding 28 days:
    1. forfeiture of earnings for any period not exceeding 7 days:
      1. confinement in a cell for any period not exceeding 7 days.

        1. The hearing adjudicator must take into account the prisoner's circumstances before imposing any forfeiture or postponement of privileges under subsection (3)(a).

        2. If the offence proved is—

        3. any offence against section 128(1), 129, 130, or 131, the hearing adjudicator may, after giving the prisoner an opportunity to provide reasons why the order should not be made, and whether or not he or she imposes a penalty under subsection (3), order that any article or thing used to commit the offence or in respect of which the offence was committed be forfeited to the Crown:
          1. an offence against section 128(1)(h), the hearing adjudicator may, whether or not he or she imposes any penalty under subsection (3), order that a specified amount (not exceeding the lesser of the value of the damage to, or loss of, property or $100) be withdrawn or withheld from the earnings payable under section 66 or section 67 and credited to the prisoner:
            1. an offence against section 130(1) or (2), the hearing adjudicator may, after giving the prisoner an opportunity to provide reasons why the order should not be made, and whether or not he or she imposes any penalty under subsection (3), order the forfeiture to the Crown of a specified amount not exceeding $100 from earnings payable under section 67 and credited to the prisoner.

              1. Instead of imposing any penalty under subsection (3) or (4) in relation to an offence that has been proved, the hearing adjudicator may order that—

              2. the prisoner appear for a hearing for the imposition of any penalties in relation to the offence if the prisoner is called to appear; and
                1. the prisoner be called to appear only if the prisoner commits a subsequent offence against discipline within a period set out in the order that does not exceed 3 months beginning on the day the order is made.

                  1. However, if the offence proved is the subsequent offence described in subsection (4A), the hearing adjudicator may not make an order under subsection (4A) in respect of the subsequent offence.

                  2. If the hearing adjudicator considers that, in the circumstances of the case, the prisoner should be charged before a court with an offence (other than an offence against section 128, section 129, or section 130), instead of being dealt with under this section, the hearing adjudicator may, at his or her discretion, at any time before making a decision as to whether the charge is proved under this section,—

                  3. decline to proceed with the hearing; and
                    1. request the appropriate authority to prosecute the prisoner and forward with that request a summary of the adjudicator's reasons for making the request.

                      1. This section is subject to sections 134 to 140.

                      Compare
                      • 1954 No 51 s 34(1)–(3)
                      Notes
                      • Section 133(3)(a): amended, on , by section 36(1) of the Corrections Amendment Act 2013 (2013 No 5).
                      • Section 133(3A): inserted, on , by section 36(2) of the Corrections Amendment Act 2013 (2013 No 5).
                      • Section 133(4)(a): replaced, on , by section 23 of the Corrections Amendment Act 2009 (2009 No 3).
                      • Section 133(4A): inserted, on , by section 38 of the Corrections Amendment Act 2024 (2024 No 41).
                      • Section 133(4B): inserted, on , by section 38 of the Corrections Amendment Act 2024 (2024 No 41).