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Corrections Act 2004

Corrections system - Complaints, investigations, and inspections

156: Investigation of complaints by inspector of corrections

You could also call this:

"What happens when you make a complaint about something in prison or while serving a sentence"

Illustration for Corrections Act 2004

If you make a complaint about something that happened to you in prison or while you were serving a sentence, an inspector of corrections may investigate it. They can investigate in any way they think is appropriate. While investigating, the inspector must be allowed to talk to anyone who might know something about your complaint, including people who work in prisons, community work centres, or probation offices.

The inspector must also be given access to any records that might be relevant to your complaint. This includes records held by employees of the department or other people involved in your case. The inspector can look at records about you, but not personnel records about individual police officers.

If an inspector investigates your complaint, they must do it promptly and tell you the result as soon as it's finished. They will also tell you what they plan to do next about your complaint. The inspector must keep a record of every complaint they receive and deal with, including what happened with your complaint.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296537.

Topics:
Crime and justice > Criminal lawCrime and justice > Victim supportGovernment and voting > Government departments
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"People in trouble with the law can ask an inspector for help with a complaint."

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157: Powers of entry and access by inspectors of corrections, or

"Inspectors of corrections can enter certain places to check on people and how they are being treated."

Part 2Corrections system
Complaints, investigations, and inspections

156Investigation of complaints by inspector of corrections

  1. An inspector of corrections may investigate a complaint in any manner that the inspector considers appropriate (which may include, without limitation, referring the complaint to another person for consideration).

  2. While investigating a complaint, an inspector must be given access to—

  3. any person within the prison (including any Police station to which section 36 applies), community work centre, or probation office, or to any person at any other place (including a dwellinghouse) at which the complainant is or was detained or required to attend, work, or live; and
    1. any contractor, security contractor, or other person who is or has been responsible for—
      1. the supervision or oversight of a complainant while the complainant carries or carried out his or her sentence or order; or
        1. the monitoring of a complainant while the complainant is or was—
            1. serving a sentence of home detention imposed under section 80A of the Sentencing Act 2002:
              1. serving a sentence of community detention:
                1. on parole subject to residential restrictions imposed under section 15 of the Parole Act 2002; or
                2. the performance of any escort or courtroom custodial duties in relation to the complainant; and
                3. any records held by an employee of the department or any other person referred to in paragraph (a) or paragraph (b) that are relevant to the complaint (other than personnel records relating to a constable or constables).

                  1. If an inspector investigates a complaint, the inspector must conduct the investigation reasonably promptly, and must inform the complainant and the other persons concerned, promptly after the conclusion of the investigation and in a manner that the inspector considers appropriate, of—

                  2. the result of the investigation; and
                    1. any further action that the inspector proposes to take in respect of the complaint.

                      1. An inspector must keep records of every complaint that the inspector receives and deals with.

                      Notes
                      • Section 156(2)(b)(ii): replaced, on , by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
                      • Section 156(2)(b)(ii)(A): repealed, on , by section 35 of the Statutes Amendment Act 2016 (2016 No 104).
                      • Section 156(2)(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).