Corrections Act 2004

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

98D: Strip search of prisoner for purpose of detecting unauthorised item

You could also call this:

"Prison officers can do a strip search if they think you have something you're not allowed to have."

Illustration for Corrections Act 2004

If you are a prisoner, an officer can search you without your clothes on if they think you have something you are not allowed to have. The officer must have a good reason to think you have this item and they must get permission from the prison manager first. You can be searched without your clothes on only if the officer is looking for something you are not allowed to have and if it is really necessary to search you this way. The officer does not need to get permission from the prison manager if waiting for permission would put someone's health or safety at risk or make the prison less secure.

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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=LMS996464.


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98C: Strip search of prisoner required in specified circumstances, or

"Prisoners must have a strip search in certain situations to keep everyone safe."


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98E: Strip search of prisoner for purpose of detecting use of drugs or alcohol, or

"Prisoners may be searched to check they don't cheat on drug or alcohol tests"

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

98DStrip search of prisoner for purpose of detecting unauthorised item

  1. An officer may conduct a strip search of a prisoner if the officer—

  2. has reasonable grounds for believing that the prisoner has in their possession an unauthorised item; and
    1. has obtained the manager’s approval for the conduct of a strip search.
      1. The power to conduct a strip search of a prisoner under subsection (1) may only be exercised—

      2. for the purpose of detecting any unauthorised item; and
        1. if a strip search is necessary in the circumstances for the purpose of detecting an unauthorised item.
          1. Despite subsection (1)(b), it is not necessary to obtain the approval of a prison manager for the conduct of a strip search if the delay involved in obtaining the approval would endanger the health or safety of any person or prejudice the maintenance of security at the prison.

          Notes
          • Section 98D: inserted, on , by section 28 of the Corrections Amendment Act 2024 (2024 No 41).