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Corrections Act 2004

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

127K: Monitoring of visits and use of information collected

You could also call this:

"Watching prisoner visits to keep everyone safe"

Illustration for Corrections Act 2004

The chief executive can let someone watch when a prisoner visits with someone, and listen to what they say. They can also collect information from what the prisoner and visitor say to each other. You need to know that the chief executive must have a good reason to do this, based on information they already have from section 127I or 127J. The chief executive must think that watching and collecting information will help keep the prison safe, or keep people from getting hurt, or stop a crime from happening.

If someone is watching a prisoner's visit, they can use the information they collect if it is necessary for a good reason. But if the person visiting the prisoner is someone whose conversations are private, then nobody is allowed to watch the visit or collect information from what they say. The person watching must not collect or use any information from the visit if the visitor's conversations are private.

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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=LMS996599.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyGovernment and voting > Government departments
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127J: Recording of prisoner calls, or

"Prison staff can record your phone calls to gather information"

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127L: Monitoring of exempt prisoner communications and information sources, or

"Stop spying on prisoners' private conversations and destroy any info you collected by mistake"

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

127KMonitoring of visits and use of information collected

  1. The chief executive may approve—

  2. the monitoring by an authorised intelligence person of visits between a prisoner and a visitor, including communications during the visits; and
    1. the collection by an authorised intelligence person of information from communications during the visits.

      1. The chief executive must have reasonable grounds, based on information previously collected under section 127I or 127J, to believe that the monitoring and collection of information under subsection (1) is necessary for an intelligence purpose and it is likely that information communicated in the visit may—

      2. threaten the security, good order, and discipline of the prison; or
        1. threaten the safety of any person; or
          1. promote or encourage the commission of an offence, or involve, or facilitate the commission or possible commission of, an offence.

            1. An authorised intelligence person may, for an intelligence purpose, if it is reasonably necessary to do so, monitor and use information that is collected under this section.

            2. An authorised intelligence person must not, in respect of a visit between a prisoner and a person whose communications are exempt under this subpart,—

            3. monitor the visit or communications during the visit; or
              1. monitor, collect, or use information from communications during the visit.

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