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Corrections Act 2004

Corrections system - Coercive powers - Searching of prisoners and other persons

94A: Prisoner’s preference in relation to searches

You could also call this:

"You can choose who searches you in prison, based on their sex."

Illustration for Corrections Act 2004

You can choose the sex of the person who searches you in prison. You can choose the sex of the person who views images of you. You can choose the sex of the person who is present during a strip search. If you are searched, it must be by a person of the sex you choose, unless there is a good reason not to. The same applies to who views images of you and who is present during a strip search. A specified search means a rub-down search, a strip search, or an imaging technology search. A specified image means an image produced using imaging technology, used instead of a rub-down or strip search, as outlined in section 98B(2) or section 98F.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS996448.

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Part 2Corrections system
Coercive powers: Searching of prisoners and other persons

94APrisoner’s preference in relation to searches

  1. Despite sections 92D(2)(a) and 94(1) and (1A), if the chief executive has determined under regulations made under this Act that a prisoner is to be detained in a prison for male prisoners or a prison for female prisoners, the prisoner may choose the sex of a person who is to—

  2. carry out any specified search of the prisoner; or
    1. view any specified image of the prisoner; or
      1. be present during any strip search of the prisoner.

        1. Any specified search of the prisoner may only be carried out by a person of the sex chosen by the prisoner, unless there are reasonable grounds for not complying with this subsection.

        2. Any specified image of the prisoner may only be viewed by an officer or constable of the sex chosen by the prisoner, unless there are reasonable grounds for not complying with this subsection.

        3. A strip search of the prisoner must not be carried out in view of any person who is not of the sex chosen by the prisoner, unless there are reasonable grounds for not complying with this subsection.

        4. For the purposes of this section,—

          specified image means an image that is produced using imaging technology, if imaging technology is used as—

          1. an alternative to a rub-down search under section 98B(2); or
            1. an alternative to a strip search under section 98F

              specified search means the following:

              1. a rub-down search:
                1. a strip search:
                  1. an imaging technology search that is used as—
                    1. an alternative to a rub-down search under section 98B(2); or
                      1. an alternative to a strip search under section 98F.

                    Notes
                    • Section 94A: inserted, on , by section 26 of the Corrections Amendment Act 2024 (2024 No 41).