Corrections Act 2004

Corrections system - Miscellaneous - Regulations

202: Regulations relating to safe custody of prisoners

You could also call this:

"Rules to Keep Prisoners Safe"

The law says rules can be made to keep prisoners safe. You might be separated from other prisoners based on things like if you have been accused or convicted of a crime, your age, or if you are male or female. The rules can also say when it is okay to mix different types of prisoners together.

The law allows for rules to be made about things like communicating with prisoners, taking their photos, and collecting information about them. You can be required to give samples, like blood or urine, to check if you have been using drugs or drinking alcohol. The rules can also say how your property is handled while you are in prison.

Rules can be made about the conditions you live in while you are in prison, like the type of accommodation and facilities you have access to. The law says rules can be made about how prisoners are transferred from one place to another. You might be allowed to leave prison for a short time, but there are rules about when and why this can happen.

The rules can also say when force can be used against you, and how you will be restrained if necessary. There are rules about searching you using special technology, and about testing you for drugs or alcohol. The law says rules can be made about how often you are tested, and what happens to the results of those tests.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM297124.


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Part 2Corrections system
Miscellaneous: Regulations

202Regulations relating to safe custody of prisoners

  1. Regulations made under section 200(1)(c) may include (without limitation) provisions—

  2. regulating the separation of prisoners, including (without limitation) provisions requiring the separation of—
    1. accused and convicted persons:
      1. accused and convicted persons who are under a specified age from persons of that kind who are of or over that age, except in circumstances specified in the regulations:
        1. male and female prisoners:
        2. despite section 5(1)(b) and any international obligations and standards, regulating the mixing of prisoners in any of the following circumstances:
          1. mixing of accused and convicted persons for non-offence-based programmes if it is not practicable or therapeutic to provide the programmes separately:
            1. mixing of accused and convicted persons who are allowed to keep their children with them in prison if it is not practicable or therapeutic to keep the persons separate:
              1. mixing of young persons (within the meaning given in the Oranga Tamariki Act 1989) and adult prisoners if it is in the best interests of the young persons:
              2. regulating communication with, and the visual recording of, prisoners:
                1. regulating—
                  1. the photographing of prisoners:
                    1. the collection of biometric information from prisoners:
                      1. the taking of measurements from prisoners:
                      2. prescribing procedures to enable the identification of prisoners other than those that may be regulated under paragraph (c):
                        1. regulating the holding of prisoners' property in prisons generally and, in particular, liability in respect of the loss of, damage to, or destruction of such property, and the seizure, disposal, or return of—
                          1. property found in the possession of a prisoner on his or her admission to a prison, or brought into a prison after a prisoner's admission:
                            1. any thing discovered as a result of any search conducted under this Act:
                            2. regulating the standards of accommodation to be provided to prisoners or any class of prisoner, and the facilities to be provided or not provided:
                              1. regulating the security classification of prisoners:
                                1. regulating the conditions of prisoners whose opportunity to associate with other prisoners is restricted or denied:
                                  1. regulating the transfer of prisoners:
                                    1. prescribing classes of prisoners who may be temporarily released from custody or temporarily removed from prison under section 62, prescribing the purposes for which prisoners may be released or removed under that section, and regulating the release and removal of prisoners under that section:
                                      1. regulating the use and reporting of the use of force, authorising and regulating the use and reporting of the use of specified kinds of mechanical restraints in particular circumstances, and authorising and regulating the use of and reporting of the use of specified kinds of less-lethal weapons:
                                        1. regulating imaging technology searches:
                                          1. prescribing 1 or more types of procedure to which a prisoner may be required to submit, under section 124, for the purpose of detecting whether or not the prisoner has used drugs, consumed alcohol, or both:
                                            1. regulating those procedures, including (without limitation)—
                                              1. prescribing how procedures may be carried out:
                                                1. prescribing how any samples obtained from procedures may be analysed, stored, or both:
                                                  1. providing for the disposal of samples obtained from a prescribed procedure:
                                                    1. regulating access to, and the use and disclosure of, information obtained from the analysis of such samples, and providing for the destruction of such information:
                                                    2. prescribing limitations on when a prisoner may be required to submit to a prescribed procedure under section 124:
                                                      1. providing for random-testing programmes, including (without limitation)—
                                                        1. prescribing the purposes for which random-testing programmes may be established:
                                                          1. prescribing the principles under which random-testing programmes must operate:
                                                            1. prescribing standards that random-testing programmes must meet:
                                                              1. prescribing specifications for random-testing programmes, including (without limitation) defining the class of prisoners to which the programme applies, and specifying the frequency of testing and the percentage of prisoners to be tested:
                                                                1. providing for the general administration of random-testing programmes.
                                                                Compare
                                                                • 1954 No 51 s 45(1)
                                                                Notes
                                                                • Section 202(aa): inserted, on , by section 49(1) of the Corrections Amendment Act 2024 (2024 No 41).
                                                                • Section 202(c): replaced, on , by section 18 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42).
                                                                • Section 202(ca): inserted, on , by section 18 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42).
                                                                • Section 202(g): amended, on , by section 34(1) of the Corrections Amendment Act 2019 (2019 No 57).
                                                                • Section 202(j): amended, on , by section 49(2) of the Corrections Amendment Act 2024 (2024 No 41).
                                                                • Section 202(k): amended, on , by section 34(2) of the Corrections Amendment Act 2019 (2019 No 57).
                                                                • Section 202(ma): inserted, on , by section 46 of the Corrections Amendment Act 2013 (2013 No 5).