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Corrections Act 2004

Corrections system - Establishment and operation of prisons - Electronic monitoring of prisoners employed in work or accommodated outside secure perimeter

65A: Electronic monitoring of prisoners employed in work or accommodated outside secure perimeter

You could also call this:

"Tracking prisoners who work or live outside the main prison area using an electronic device"

Illustration for Corrections Act 2004

If you are a prisoner working or living outside the secure prison area, this law applies to you. You might be working outside the prison under section 66 or living in a building outside the secure area but still inside the prison. The prison manager can make you wear an electronic device to track where you are when you are outside the secure area. This device helps stop you from trying to escape, and it helps the police find you if you do escape.

The device also helps stop you from committing certain crimes, like the ones mentioned in section 128(1)(e). The information from the device can be used to check that you have not escaped, to detect if you have escaped, and to prove that you have escaped or committed a crime. You might have to wear the device on your body.

If someone thinks you have tampered with the device, you will be considered to be escaping from prison unless you can prove you are not. You can be stopped from escaping by the device, and it helps the police to find you if you try to escape. The device is used to keep you and others safe.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7081809.

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Part 2Corrections system
Establishment and operation of prisons: Electronic monitoring of prisoners employed in work or accommodated outside secure perimeter

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

  1. This section applies to a prisoner who—

  2. is employed in work directed or provided by the prison manager under section 66 that is outside the secure perimeter, whether or not it is also outside the prison; or
    1. is accommodated in a building that is outside the secure perimeter but still within the prison.

      1. However, this section does not apply to a prisoner who has been temporarily released from custody or temporarily removed from prison under section 62.

      2. The prison manager may require the prisoner to submit to electronic monitoring of his or her whereabouts while the prisoner is outside the secure perimeter (in this section, an electronic monitoring condition).

      3. The purposes of an electronic monitoring condition are—

      4. to deter the prisoner from attempting to escape from lawful custody; and
        1. to help locate and arrest a prisoner who escapes from lawful custody; and
          1. to deter and detect the commission of offences against section 128(1)(e).

            1. Information about a prisoner that is obtained through an electronic monitoring condition may be used both for the purposes in subsection (4) and for the following purposes:

            2. to verify that the prisoner has not escaped from lawful custody:
              1. to detect that the prisoner has escaped from lawful custody, and the commission of offences:
                1. to provide evidence of escape from lawful custody, and the commission of offences:
                  1. to verify that the prisoner has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.

                    1. A prisoner who is subject to an electronic monitoring condition may be required to have electronic monitoring equipment attached to his or her body.

                    2. Where there is evidence indicating that the prisoner who is subject to the electronic monitoring condition may have tampered with or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately, the prisoner is deemed to be unlawfully at large unless there is evidence that he or she is not unlawfully at large.

                    Notes
                    • Section 65A: inserted, on , by section 7 of the Corrections (Electronic Monitoring of Offenders) Amendment Act 2016 (2016 No 45).