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Corrections Act 2004

Corrections system - Miscellaneous - Requisitioning of land and buildings for use as temporary corrections prisons

194: Duties of chief executive

You could also call this:

"What the boss of corrections must do during an emergency"

If land or a building is used as a temporary prison because of an emergency, you need to know what the chief executive has to do. The chief executive must move prisoners to another prison as soon as possible during the emergency. They must move any prisoners who are still in the temporary prison to another prison after the emergency is over.

When all prisoners have been moved out of the temporary prison, the chief executive has to tell the Minister that the land or building is no longer needed as a prison. The chief executive must do this unless they think the land or building will still be needed as a temporary prison. If a special declaration is made under section 32(5)(b), the chief executive must give the owner of the land or building a written statement about this declaration.

The chief executive has to follow these rules when a temporary prison is set up under section 32(4) or section 191.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM297111.

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Part 2Corrections system
Miscellaneous: Requisitioning of land and buildings for use as temporary corrections prisons

194Duties of chief executive

  1. If any land or building is declared under section 32(4) to be a temporary corrections prison and prisoners are detained in that temporary corrections prison, the chief executive must—

  2. during the state of emergency or emergency, as the case requires, and wherever and to the extent practicable, promptly transfer the prisoners detained in that temporary corrections prison to another prison (other than a temporary corrections prison) in which they may lawfully be held; and
    1. in any event, within a reasonable time after the end of the state of emergency or emergency, as the case requires, transfer any prisoners detained in that temporary corrections prison who have not been transferred under paragraph (a) to another prison (other than a temporary corrections prison) in which they may lawfully be held.

      1. Once all prisoners detained in a temporary corrections prison have been transferred to another prison the chief executive must—

      2. promptly give the Minister a notice stating that the land or buildings in question which have been requisitioned under section 191 are no longer required as a temporary corrections prison, unless the chief executive is satisfied that the land and buildings will continue to be needed for use as a temporary corrections prison; and
        1. where a declaration is made under section 32(5)(b), ensure that as soon as is reasonably practicable in the circumstances, a written statement of the making of that declaration and its effect is given to the owner or person formerly in charge of the land or buildings in question.