Corrections Act 2004

Corrections system - Offences - Other offences

143: Restricted communications with, or deliveries to, prisoner outside prison

You could also call this:

"Rules about talking to or giving things to prisoners outside prison without permission"

Illustration for Corrections Act 2004

If you talk to a prisoner outside a prison without permission, you might be breaking the law. You need permission from the person in charge of the prisoner to talk to them. This includes talking to a prisoner in a way that could hurt someone or make it harder to keep them safe. You also can't give things to a prisoner without permission from the person in charge of them. If you break this law, you could go to prison for up to three months, get a fine of up to $2,000, or both. Some people, like prison officers, have different rules if they break this law. A restricted communication is when you talk to a prisoner in a way that could cause problems, like hurting someone or making it harder to keep the prisoner safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296520.


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Part 2Corrections system
Offences: Other offences

143Restricted communications with, or deliveries to, prisoner outside prison

  1. Every person commits an offence who, except under the authority of this Act or of any regulations made under this Act,—

  2. holds or attempts to hold any restricted communication with a prisoner outside a prison under the control of any person, without the permission of the person under whose control the prisoner is; or
    1. delivers or attempts to deliver, or causes to be delivered, to any prisoner outside a prison under the control of any person any thing, without the permission of the person under whose control the prisoner is.
      1. Subsection (1)(a) does not apply to any thing done by an officer, staff member, or probation officer in the course of his or her duties.

      2. A person who commits an offence against subsection (1)(a) or (b) is liable on conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both.

      3. Despite subsection (2A), an officer, staff member, or probation officer who commits an offence against subsection (1)(b) is liable on conviction to imprisonment for a term not exceeding 12 months, to a fine not exceeding $5,000, or to both.

      4. In this section restricted communication means—

      5. any communication that may prejudice the maintenance of the law, the safe custody of the prisoner, the well-being of any victim of an offence committed by that prisoner, the safety of any person, or the security of any prison:
        1. any communication whatsoever that takes place after the person, in whose control the prisoner is, has forbidden that communication or directed that it cease.
          Compare
          • 1954 No 51 s 44(2A), (2B)
          Notes
          • Section 143(1): amended, on , by section 27(1) of the Corrections Amendment Act 2009 (2009 No 3).
          • Section 143(2A): inserted, on , by section 27(2) of the Corrections Amendment Act 2009 (2009 No 3).
          • Section 143(2A): amended, on , by section 6 of the Corrections Amendment Act 2011 (2011 No 84).
          • Section 143(2B): inserted, on , by section 27(2) of the Corrections Amendment Act 2009 (2009 No 3).
          • Section 143(2B): amended, on , by section 6 of the Corrections Amendment Act 2011 (2011 No 84).
          • Section 143(3)(a): amended, on , by section 27(3) of the Corrections Amendment Act 2009 (2009 No 3).