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Corrections Act 2004

Corrections system - Monitoring, collecting, using, and disclosing prisoner communications and information sources for intelligence purpose - Exemptions

127E: Exemptions for prisoner communications and information sources with specified persons

You could also call this:

"Some prison conversations are private, like talks with your lawyer or a Member of Parliament."

Illustration for Corrections Act 2004

When you are in prison, some of your communications and information are not monitored or shared. This includes communications with your legal adviser, or a barrister or solicitor who might represent you. It also includes communications with a statutory visitor, a Justice of the Peace, or a person from an official agency acting in their official role.

You are also exempt when communicating with a member of Parliament or someone from the International Criminal Court who is acting in their official capacity. If you are a member of the Armed Forces in prison, your communications with someone who might represent you in a Court Martial are also exempt.

The rules about monitoring mail between you and your legal adviser are covered by section 110.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS996590.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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127D: Exemptions for specified prisoner communications and information sources, or

"Some prisoner communications and info are private and not shared, like health records and restorative justice talks."

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127F: Powers of Governor-General and chief executive to exempt prisoner communications and information sources, or

"The Governor-General and chief executive can choose not to monitor some prisoner communications and information."

Part 2Corrections system
Monitoring, collecting, using, and disclosing prisoner communications and information sources for intelligence purpose: Exemptions

127EExemptions for prisoner communications and information sources with specified persons

  1. Prisoner communications and information sources between a prisoner and the following persons are exempt from being monitored, collected, used, or disclosed under this subpart:

  2. if the prisoner communications and information sources are related to legal affairs,—
    1. the prisoner’s legal adviser; or
      1. a barrister or solicitor with whom the prisoner is discussing the possibility of the person acting for the prisoner; or
        1. a member of the Armed Forces with whom a member of the Armed Forces detained in a prison is discussing the possibility of the person representing the prisoner in the Court Martial or other proceedings:
        2. a statutory visitor:
          1. a Justice of the Peace acting in an official capacity:
            1. a person from an official agency acting in an official capacity:
              1. a member of Parliament acting in an official capacity:
                1. a person acting in their official capacity on behalf of the International Criminal Court.

                  1. Section 110 applies to the monitoring of mail between a prisoner and a legal adviser under this subpart.

                  Notes
                  • Section 127E: inserted, on , by section 36 of the Corrections Amendment Act 2024 (2024 No 41).