Corrections Act 2004

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

127R: Disposal of record held by department delayed pending resolution of complaint

You could also call this:

"The department can't get rid of your record while a complaint about it is being sorted out."

If you have a record that was collected under this subpart and is held by the department, there are rules about what happens to it. If someone makes a complaint to the Privacy Commissioner under the Privacy Act 2020 about the record, the department cannot get rid of the record until the complaint is sorted out. The department has to wait until the Privacy Commissioner tells them in writing that the complaint has not been proceeded with or has been finally disposed of.

If someone makes a complaint to an Ombudsman under the Ombudsmen Act 1975 or the Official Information Act 1982 about the record, the department also cannot get rid of the record until the complaint is sorted out. The department has to wait until the Ombudsman tells them in writing that the complaint has not been proceeded with or has been finally disposed of. In this case, a record means what is defined in section 4 of the Public Records Act 2005.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS996611.


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127Q: Warnings, or

"Prison staff must warn you that your phone calls, visits, and mail may be listened to or read."


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127S: Disposal of records held by Police and other agencies, or

"What happens to records held by Police and other agencies when they're no longer needed?"

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

127RDisposal of record held by department delayed pending resolution of complaint

  1. This section applies to a record that was obtained from the collection of prisoner communications and information sources under this subpart and is held by the department.

  2. If the Privacy Commissioner has notified the chief executive in writing that a complaint has been made under the Privacy Act 2020 in relation to a record described in subsection (1), the record must not be disposed of until the Privacy Commissioner has notified the chief executive in writing that the complaint—

  3. has not been proceeded with; or
    1. has been finally disposed of.
      1. If an Ombudsman has notified the chief executive in writing that a complaint has been made under the Ombudsmen Act 1975 or the Official Information Act 1982 in relation to a record described in subsection (1), the record must not be disposed of until the Ombudsman has notified the chief executive in writing that the complaint—

      2. has not been proceeded with; or
        1. has been finally disposed of.
          1. In this section and section 127S, record has the meaning given in section 4 of the Public Records Act 2005.

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