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Corrections Act 2004
Transitional provisions
Management of prisons under contract
219: Variation to management contracts to be presented to House of Representatives

Part 1:
Preliminary provisions

2Commencement 3Interpretation 3ATransitional, savings, and related provisions 4Act binds the Crown 5Purpose of corrections system 6Principles guiding corrections system

Part 2:
Corrections system

Statutory roles and responsibilities

Minister, chief executive, and Commissioner of Police

7Powers and functions of Minister 8Powers and functions of chief executive 9Powers and functions of Commissioner of Police 10Delegation of powers and functions of chief executive

Other persons with other powers and functions in relation to prisoners

11Prison manager and other staff of prisons 12Powers and functions of prison managers 13Delegation of powers and functions of prison managers 14Powers and functions of officers 15Hearing adjudicators 16Powers and functions of hearing adjudicators 17Appointment or engagement of security officers 18Powers and functions of security officers 19Visiting Justices 19AHealth centre managers 19BDelegation of powers and functions of health centre managers 20Medical officers 21Protection of officers in discharge of functions 22Protection of members of Armed Forces 23Restrictions on exercise of certain powers

Persons with powers and functions in relation to administration of community-based sentences, sentences of home detention, conditions of release, or parole

24Probation officers 25Functions of probation officers 26Probation officers may delegate power to supervise offenders on community work 27Controlling officer of probation area

General

28Inspectors of corrections 29Powers and functions of inspectors of corrections

Establishment and operation of community work centres

30Establishment of community work centres 31Chief executive may make rules for community work centres and offenders carrying out community work

Establishment and operation of prisons

32Establishment of prisons 33Manager may make rules for prison

Electronic monitoring of prisoners employed in work or accommodated outside secure perimeter

65AElectronic monitoring of prisoners employed in work or accommodated outside secure perimeter

Work and earnings

66Work and earnings 66ASelf-employment 67Earnings of employed prisoner 68Application of money

Minimum entitlements

69Minimum entitlements

Exercise

70Exercise

Bedding

71Bedding

Diet

72Diet

Visiting

73Entitlement to private visitors 74Legal adviser may visit prisoner

Medical treatment and health care

75Medical treatment and standard of health care

Mail to and from prisoners

76Prisoners may send and receive mail

Telephone calls

77Outgoing telephone calls 78Information and education needs of prisoners

Other duties in relation to prisoners

79Religious and spiritual needs 80Needs relating to particular cultures 81Working conditions 81ARequest and approval for placement of child with mother 81ABReconsideration of decision relating to child’s placement 81BParenting agreements 81CAccommodation and feeding of children placed with their mothers

Living conditions

82Accommodation generally 82ATypes of permitted accommodation 82BNo legitimate expectation as to conditions, etc

Coercive powers

Use of force and restraints, and related matters

83Use of force 84Provoking prisoners 85Use of less-lethal weapons 86Possession, carriage, and use of firearms restricted 87Restraint of prisoners 88Reporting on use of force, weapons, and mechanical restraints

Searching of prisoners and other persons

89Definition of rub-down search 90Definition of strip search 91Definition of scanner search for purposes of Public Safety (Public Protection Orders) Act 2014 92Definition of x-ray search for purposes of Public Safety (Public Protection Orders) Act 2014 92AMeaning of scanner search for purposes of this Act 92BMeaning of imaging technology search 92CParticular matters relating to imaging technology searches 92DParticular restrictions when imaging technology search used as alternative to rub-down search or strip search 93Restrictions on internal examinations 94Restrictions on searches 94APrisoner’s preference in relation to searches 95Authority to detain for purposes of search 96Authority to search property 97Use of dogs for searching 98Search of cells 98AScanner search of prisoners 98BRub-down search of prisoners 98CStrip search of prisoner required in specified circumstances 98DStrip search of prisoner for purpose of detecting unauthorised item 98EStrip search of prisoner for purpose of detecting use of drugs or alcohol 98FImaging technology search may be alternative to strip search 99Search of persons other than prisoners 100Search of staff lockers and other places 101Search of vehicles 102Reporting of unauthorised items discovered, certain searches, and placement in dry cells 103Detention pending investigation by Police 103AAAScanner search authorised to ascertain risk of communicable disease

Opening and reading of mail and withholding of correspondence

103AInterpretation 104General considerations relating to mail 105Restriction on sending mail to other prisoners 106Opening of mail 107Reading of correspondence 108Withholding mail 109Mail between prisoners, official agencies, and members of Parliament 110Mail between prisoners and legal advisers 110ARestrictions on disclosure of mail 110BWarnings in relation to mail 110CApplication of Privacy Act 2020

Telephone calls may be monitored

111Interpretation 112Purposes of monitoring prisoners' calls 113Prisoner calls that may be monitored 114Certain calls must not be monitored 115Only certain persons may monitor 116Warnings 117Authorised disclosure of information 118Restrictions on disclosure of information 119Application of Privacy Act 2020 120Destruction of recordings 121Notice to be given of intention to produce evidence of recording 122Privileged evidence

Alcohol and drugs

123Chief executive must issue drug and alcohol strategy 124Prisoner may be required to submit to drug or alcohol test 125Obligations of persons carrying out procedure 126Prisoner must be informed of result of procedure 127Restrictions on use of result of procedure

Monitoring, collecting, using, and disclosing prisoner communications and information sources for intelligence purpose

127AInterpretation 127BMeaning of intelligence purpose 127CRelationship of this subpart to monitoring, collecting, using, or disclosing information by other means

Exemptions

127DExemptions for specified prisoner communications and information sources 127EExemptions for prisoner communications and information sources with specified persons 127FPowers of Governor-General and chief executive to exempt prisoner communications and information sources

Authorised intelligence persons

127GAuthorised intelligence persons

General considerations

127HGeneral considerations

Monitoring, collecting, and using information under this subpart

127IAuthorised intelligence person may monitor, collect, and use prisoner communications and information sources 127JRecording of prisoner calls 127KMonitoring of visits and use of information collected 127LMonitoring of exempt prisoner communications and information sources 127MMonitoring that is incidental to other work

Disclosure

127NDisclosure of prisoner communications and information sources to eligible employees 127ODisclosure of prisoner communications and information sources to persons other than eligible employees 127PEmployee must not knowingly disclose prisoner communications and information sources

Warnings

127QWarnings

Disposal of records collected under this subpart

127RDisposal of record held by department delayed pending resolution of complaint 127SDisposal of records held by Police and other agencies

Evidence and privilege

127TNotice to be given of intention to produce evidence in disciplinary proceeding 127UPrivileged evidence not to be given in court unless waiver of privilege obtained

Offences

Offences against discipline

128Offences by prisoner 129Offences by prisoners relating to drugs, alcohol, smoking, and vaping 130Offences committed by persons while on temporary release from custody under section 62 131Attempting or aiding commission of offence against discipline 132Minor or unintentional breaches of discipline 133Powers of hearing adjudicator in relation to offences against discipline 133AHearing adjudicator may proceed with hearing without prisoner present 134Decision as to who is to hear charge 135Applications for legal representation 135AImposition of penalties on prisoner who is called to appear before hearing adjudicator 136Right to appeal to Visiting Justice against decision of hearing adjudicator 137Powers of Visiting Justice in relation to offences by prisoners 138Reference of case from Visiting Justice to hearing adjudicator 138AVisiting Justice may proceed with hearing without prisoner present 138BImposition of penalties on prisoner who is called to appear before Visiting Justice 139Use of remote access facilities 139AMode of hearing or reaching decisions 140Commencement of penalties

Other offences

141Unauthorised deliveries, communications, recordings, and possession of unauthorised items 141AUnauthorised use or possession of electronic communication device by prisoner 142Trespassing in, or loitering about, prison 143Restricted communications with, or deliveries to, prisoner outside prison 144Pretending to be security officer or employee of department 145Failure to comply with direction or requirement under section 101(2)146Offences in relation to mail, information, and images 147Injuring, interfering with, or obstructing dog used for searching 148Offences in relation to requisitioning 149Power of arrest 150Power of seizure

Complaints, investigations, and inspections

151Interpretation 152Objectives and monitoring of corrections complaints system 153Prisons, community work centres, and probation offices must have internal complaints system 154Assistance to make complaints 155Persons under or previously under control or supervision may seek assistance from inspector of corrections 156Investigation of complaints by inspector of corrections 157Powers of entry and access by inspectors of corrections 158Interviews with inspectors of corrections 159Recommendations and directions of inspectors of corrections

Protocol

160Protocol between chief executive and Chief Ombudsman

Miscellaneous

Other rights of inspection

161Right of member of Parliament to visit prisons 162Right of Justice of the Peace to visit prison 162ACrimes of Torture Act 1989 not limited

Identification of certain persons

163Certain persons to be readily identifiable

Provision of information to persons under control or supervision

164Provision of information to persons under control or supervision

Health records

165Health records

Escort services and courtroom custodial services

166Provision of escort services or courtroom custodial services under contract 167Requirements of security contracts 168Liability of security contractors 169Subcontractors 170Security contracts to be notified in Gazette 171Reporting responsibilities 172Security monitors 173Access must be given 174Security monitors must report on certain matters

Application of other Acts

175Application of Ombudsmen Act 1975 and Official Information Act 1982 to contract prisons, security contractors, and security officers 176Application of New Zealand Bill of Rights Act 1990 to contract prisons, security contractors, and security officers 177Application of Public Works Act 1981 178Application of Resource Management Act 1991 179Application of certain Acts to various office holders

Status of certain rules and regulations relating to smoking in prisons

179AAStatus of certain rules and regulations relating to smoking in prisons

Emergency management

179ADetention of prisoners eligible for release during outbreak or spread of infectious disease 179BNo compensation for detention in prison under Health Act 1956 179CInterpretation 179DNotification of emergency 179EExclusion of liability while epidemic notice in force or during emergency

Disclosure of prisoner information

180Purpose of section 180A 180APrisoner information may be disclosed for social assistance purposes 180BInformation that may be requested and disclosed 180CSocial assistance may be suspended immediately if discrepancy discovered 180DNotice required by section 180C(1)(d)

Disclosure of prisoner information for taxation purposes

180EInformation may be disclosed for taxation purposes 180FAgreement for disclosing prisoner information for taxation purposes

Disclosure of offender information

181Offender information may be disclosed for immigration purposes

Information sharing about highest-risk offenders

181ADisclosure of information relating to highest-risk offenders 182Offender information may be disclosed to facilitate monitoring of persons on temporary release

Information sharing about child sex offenders

182AInformation sharing about child sex offenders 182BDefinition of child sex offender 182CDefinition of specified agency 182DInformation sharing agreements 182EApplication of agreements

Inquests

183Inquests on prisoners

Power to arrest persons unlawfully at large

184Arrest of person unlawfully at large

Property damage caused by escapers

185Compensation for property damage by escapers 186Rules governing compensation 187Notification and payment of compensation 188Hearing of claims 189Procedure, evidence, and appeals

Detection, interception, etc, of radiocommunications within prison boundaries

189AInterpretation 189BDetection, interception, etc, of radiocommunications within prison boundaries 189CRecordings of unauthorised communications

Information associated with seized electronic communication devices

189DChief executive may require electronic communications company to provide information to access contents of seized device

Annual report of department

190Matters to be included in annual report 190AMinister may approve subsidies for voluntary groups

Requisitioning of land and buildings for use as temporary corrections prisons

191Requisitioning powers 192Direction not to be inconsistent with applicable civil defence emergency management plan 193Compensation if property requisitioned 194Duties of chief executive 195Protection from liability

Chief executive and Commissioner of Police may issue guidelines and instructions

196Chief executive and Commissioner of Police may issue guidelines and instructions

Royal prerogative not affected

197Royal prerogative not affected

Management of prisons

198Management of prisons under contract 199Requirements of prison management contracts 199AADelegation of powers and functions of chief executive to contractor 199ABDelegation of powers and functions of chief executive to subcontractor 199ADelegation of powers and functions of contractor 199BLiability of contractor 199CSubcontractors 199DReporting responsibilities 199EMonitors 199FAccommodation and access 199GMonitors to report on certain matters 199HControl of contract prison in emergency 199IPrison management contracts to be presented to House of Representatives 199JRelease of prisoner information to and by contract prisons 199KTransferring staff who are contributors to Government Superannuation Fund

Regulations

200Regulations 201Regulations relating to good management of corrections system 202Regulations relating to safe custody of prisoners 203Regulations relating to treatment of prisoners

Amendment to Immigration Act 1987

204New section 141AC inserted

Amendment to Privacy Act 1993

205Amendments to Privacy Act 1993

Other amendments and repeals

206Acts amended 207Regulations amended 208Repeals and revocations

Part 3:
Transitional provisions

Management of prisons under contract

209Existing management contracts must not be extended 210Delegation of powers and functions of contractor 211References in existing management contracts altered 212Liability of contractor 213Subcontractors 214Reporting responsibilities 215Monitors 216Accommodation and access 217Monitors to report on certain matters 218Control of contract prison in emergency 219Variation to management contracts to be presented to House of Representatives 220Release of prisoner information to contract prisons

Provision of escort services or courtroom custodial services under contract

221References in existing contracts for provision of escort services, courtroom custodial services, or both

Compensation for property damage by escapers

222Proceedings brought under sections 41A and 41B of Penal Institutions Act 1954

Rules preserved

223Existing rules preserved

Directions restricting right to associate continue in effect

224Directions restricting right to associate to continue

Security classifications of prisoners continue in effect

225Existing security classifications to continue

Appointments

226Superintendents deemed to be prison managers 227Inspectors deemed to be inspectors of corrections 228Most other appointments preserved 229Certain Visiting Justices cease to hold office

Release or removal under Penal Institutions Act 1954

230Persons released under section 21 of Penal Institutions Act 1954 231Directions given under section 21A of Penal Institutions Act 1954 232Removal under section 27 or section 28 of Penal Institutions Act 1954

Disciplinary offences

233Sections 32 to 36 of Penal Institutions Act 1954 continue to apply to acts and omissions before commencement

Drug and alcohol strategy

234Drug and alcohol strategy issued under section 36B of Penal Institutions Act 1954

Designations

235Penal institutions deemed to be prisons and other designation changes

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Substantive amendments to Schedule 5 of Privacy Act 1993

Schedule 2:
Amendments to other Acts

Schedule 3:
Regulations amended

Schedule 4:
Enactments repealed or revoked

Corrections Act 2004

Transitional provisions - Management of prisons under contract

219: Variation to management contracts to be presented to House of Representatives

You could also call this:

"Changes to prison management contracts must be shown to Parliament"

If you want to know about changes to contracts for managing prisons, you should look at what is presented to the House of Representatives. A law called the Corrections Act 2004 has a part about this, but the part that talks about presenting changes to prison management contracts to the House of Representatives is no longer in effect. It was removed on 8 December 2009 by a change made to the law through the Corrections (Contract Management of Prisons) Amendment Act 2009, which you can find more information about on the legislation website.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM297151.

Topics:

Crime and justice > Criminal lawGovernment and voting > Government departments

218: Control of contract prison in emergency, or

"What happens in an emergency at a privately run prison"

220: Release of prisoner information to contract prisons, or

"Sharing prisoner info with privately run prisons"

Part 3Transitional provisions
Management of prisons under contract

219Variation to management contracts to be presented to House of Representatives (Repealed)

Notes

Section 219: repealed, on 8 December 2009, by section 6 of the Corrections (Contract Management of Prisons) Amendment Act 2009 (2009 No 59).