Corrections Act 2004

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

127O: Disclosure of prisoner communications and information sources to persons other than eligible employees

You could also call this:

"Showing prisoner messages to people who aren't supposed to see them, but only for a good reason."

When you are talking about prisoners, there are rules about who can see the messages they send and receive. These rules are for people who are not allowed to see these messages normally. An authorised person can show these messages to others for a good reason.

You can show these messages if it helps keep people safe or solves a crime. This can include showing them to a court or to someone who can translate the messages. You can also show the messages to the prisoner who sent them.

There are special laws that say when you can show these messages, like the Privacy Act 2020 and the Intelligence and Security Act 2017. These laws help keep people's information private and safe. You can show the messages to certain agencies, like intelligence agencies, if it helps them do their job.

You can also show the messages if another law says you have to, like the Official Information Act 1982. The person showing the messages must have a good reason to do so. They must think it will help keep people safe or solve a crime.

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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=LMS996604.


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127N: Disclosure of prisoner communications and information sources to eligible employees, or

"Sharing prisoner information with approved staff to keep everyone safe"


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127P: Employee must not knowingly disclose prisoner communications and information sources, or

"Staff must keep prisoner information secret, except in special cases allowed by law."

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

127ODisclosure of prisoner communications and information sources to persons other than eligible employees

  1. This section applies to the disclosure to persons other than eligible employees of prisoner communications and information sources monitored, collected, or used under this subpart.

  2. An authorised intelligence person may disclose the prisoner communications and information sources for an intelligence purpose.

  3. An authorised intelligence person may disclose the prisoner communications and information sources if they believe on reasonable grounds that the disclosure—

  4. is necessary to avoid prejudice to the maintenance of the law by a public sector agency (as defined in section 7(1) of the Privacy Act 2020), including the prevention, detection, investigation, prosecution, and punishment of offences); or
    1. is necessary for the conduct of proceedings (already commenced or reasonably in contemplation) before a court or tribunal; or
      1. is necessary to prevent or lessen a serious threat (as defined in section 7(1) of the Privacy Act 2020) to—
        1. public health or public safety; or
          1. the life or health of any person; or
          2. has been authorised by the Privacy Commissioner under section 30 of the Privacy Act 2020.
            1. An authorised intelligence person may disclose the prisoner communications and information sources to an intelligence and security agency only if the authorised intelligence person believes, on reasonable grounds, that the disclosure is necessary to enable the agency to perform any of its functions under section 10, 11, 13, or 14 of the Intelligence and Security Act 2017.

            2. An authorised intelligence person may disclose the prisoner communications and information sources to a public sector agency or contracted provider for the purpose of enabling an employee of the agency or contracted provider to translate, transcribe, or interpret the prisoner communications and information sources.

            3. An authorised intelligence person or an eligible employee may disclose the prisoner communications and information sources if disclosure is—

            4. authorised by another provision of this Act; or
              1. required by any other legislation (including the Official Information Act 1982 and the Privacy Act 2020).
                1. An authorised intelligence person or an eligible employee may disclose the prisoner communications and information sources to the prisoner concerned.

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