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Corrections Act 2004

Corrections system - Establishment and operation of prisons - Living conditions

82B: No legitimate expectation as to conditions, etc

You could also call this:

"Prison conditions and programmes can change during your sentence"

Illustration for Corrections Act 2004

When you are a prisoner, you do not have a legitimate expectation of having the same living conditions for your whole sentence. You also do not have a legitimate expectation of having the same programmes or opportunities for your whole sentence. This means that the conditions and programmes can change while you are serving your sentence.

If you are a prisoner, subsection 1 does not affect what you are entitled to under the Corrections Act 2004 or the regulations made under it. This Act and its regulations outline what you are entitled to as a prisoner. The entitlements under the Corrections Act 2004 or its regulations still apply to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS278688.

Topics:
Crime and justice > Criminal law
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"Where prisoners can live in jail"

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Part 2Corrections system
Establishment and operation of prisons: Living conditions

82BNo legitimate expectation as to conditions, etc

  1. To avoid doubt, a prisoner does not have any legitimate expectation of—

  2. being accommodated in, or of being provided with, the same or similar conditions during the whole term of his or her sentence, period of remand, or other period of detention; or
    1. being provided with the same or similar programmes or opportunities during the whole term of his or her sentence, period of remand, or other period of detention.

      1. Subsection (1) does not affect any entitlement conferred on a prisoner by this Act or regulations made under it.

      Notes
      • Section 82B: inserted, on , by section 16 of the Corrections Amendment Act 2019 (2019 No 57).