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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:

"Sharing prisoner information with people outside the prison system"

Illustration for Corrections Act 2004

When you are dealing with prisoner communications and information sources, there are rules about who can see them. An authorised intelligence person can share prisoner communications and information sources with people who are not eligible employees for certain reasons. They can do this for an intelligence purpose.

You can share prisoner communications and information sources if you think it is necessary to avoid breaking the law, or to help with a court case. You can also share them if you think it will prevent a serious threat to public health, public safety, or someone's life or health. This is according to the Privacy Act 2020.

An authorised intelligence person can share prisoner communications and information sources with an intelligence and security agency if it will help the agency do its job. This job is outlined in the Intelligence and Security Act 2017. They can also share them with a public sector agency or contracted provider to help translate or interpret the communications.

You can share prisoner communications and information sources if another law says you can, or if you have to because of another legislation like the Official Information Act 1982 or the Privacy Act 2020. An authorised intelligence person or an eligible employee can also share the prisoner communications and information sources with the prisoner themselves.

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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).