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Corrections Act 2004

Corrections system - Establishment and operation of prisons - Other duties in relation to prisoners

81AB: Reconsideration of decision relating to child’s placement

You could also call this:

"Asking to rethink a decision about your child's care while you are in prison"

Illustration for Corrections Act 2004

If you are a prisoner and the chief executive makes a decision about your child's placement, you can ask them to rethink this decision. The chief executive must reconsider their decision if you ask them to, but only if you ask within 14 days of being told about the decision in writing. They will look at the decision again using the same criteria as before, which is set out in section 81A.

When the chief executive rethinks the decision, they can choose to keep it the same, change it, or cancel it and make a new decision. The decision they made first is still in place while they are reconsidering it.

The chief executive will tell you in writing what they decide after reconsidering, and they will explain why they made that decision.

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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=LMS278684.

Topics:
Family and relationships > Children and parentingCrime and justice > Criminal law
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81A: Request and approval for placement of child with mother, or

"Asking to have your baby or toddler live with you in prison"

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81B: Parenting agreements, or

"Agreements to help mums in prison care for their kids"

Part 2Corrections system
Establishment and operation of prisons: Other duties in relation to prisoners

81ABReconsideration of decision relating to child’s placement

  1. At the request of the prisoner, the chief executive must reconsider a decision (the decision) under section 81A—

  2. refusing approval for the child’s placement (see section 81A(2)); or
    1. ending the child’s placement (see section 81A(5)).

      1. A request for reconsideration must be made within 14 days after the prisoner has been notified in writing of the decision.

      2. The chief executive must reconsider the decision against the relevant criteria set out in section 81A, except that the chief executive is not required to repeat the steps set out in section 81A(4).

      3. A decision is not suspended while it is being reconsidered.

      4. On reconsideration of the decision, the chief executive may do any of the following:

      5. affirm it:
        1. amend it:
          1. rescind it and substitute a different decision.

            1. The chief executive must—

            2. provide reasons for the outcome under subsection (5); and
              1. notify the prisoner in writing of the outcome.

                Notes
                • Section 81AB: inserted, on , by section 15 of the Corrections Amendment Act 2019 (2019 No 57).