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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

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

You could also call this:

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

When the Police or other agencies get records from information shared under section 127O, they must get rid of them if they are not needed. You need to know that the Police and other agencies have rules to follow when getting rid of records. The Commissioner of Police must make sure the Police dispose of records as soon as possible if they are not required for their work.

The Director-General of an intelligence and security agency must also ensure their agency disposes of records as soon as possible if they are not needed. You should be aware that public service agencies, except intelligence and security agencies, have to dispose of records when it seems no more action will be taken that would need the record as evidence. This does not apply to records already used in court or tribunal proceedings.

For public service agencies, the term is defined in section 5 of the Public Service Act 2020. If a departmental agency or interdepartmental executive board has the information, the host department or servicing department is responsible for getting rid of the records when they are not needed.

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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=LMS996613.

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Crime and justice > Police and safetyGovernment and voting > Government departmentsRights and equality > Privacy
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127R: Disposal of record held by department delayed pending resolution of complaint, or

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

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127T: Notice to be given of intention to produce evidence in disciplinary proceeding, or

"Telling you about evidence used against you in a disciplinary hearing"

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

127SDisposal of records held by Police and other agencies

  1. This section applies to a record that was obtained from the disclosure of information under section 127O.

  2. The Commissioner of Police must ensure that every record held by the New Zealand Police is disposed of as soon as practicable if the information is not required, or is no longer required, by the New Zealand Police for the purpose of its functions.

  3. The Director-General of an intelligence and security agency must ensure that every record held by the agency is disposed of as soon as practicable if the information is not required, or is no longer required, by the agency for the purpose of its functions.

  4. The chief executive or board of a public service agency (except an intelligence and security agency) must ensure that every record held by the public service agency is disposed of as soon as it appears that no proceedings or disciplinary proceedings (or no further proceedings or disciplinary proceedings) will be taken in which the record would be likely required to be produced in evidence.

  5. Nothing in subsection (2), (3), or (4) applies to any record adduced in proceedings in any court or tribunal.

  6. For the purpose of subsection (4),—

  7. public service agency has the meaning given to it in section 5 of the Public Service Act 2020:
    1. if the information referred to in subsection (4) is held by a departmental agency or an interdepartmental executive board (within the meaning of those terms in section 5 of the Public Service Act 2020), compliance with that subsection is the responsibility of the agency’s host department or the board’s servicing department.

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