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 that Police and other agencies no longer need?"

When the Police or other agencies get records from information shared under section 127O, they have to follow some rules. You need to know that the Police and these agencies must get rid of records they do not need anymore as soon as they can. The person in charge of the Police or the agency must make sure this happens.

The Police must dispose of records they no longer need for their work. Other agencies, like intelligence and security agencies, must also do this. If an agency is not an intelligence and security agency, they must get rid of records when they think no more action will be taken that would need the record as evidence.

There is an exception to these rules: if a record has been used in a court or tribunal, these rules do not apply. To understand what a public service agency is, you can look at the Public Service Act 2020. If an agency is part of a department or has a special board, the department or the board's servicing department is responsible for following these rules.

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This page was last updated on 6 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS996613.

Topics:

Crime and justice > Police and safetyRights and equality > PrivacyGovernment and voting > Government departments

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

"The department must keep your record until a complaint about it is sorted out."

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

This section applies to a record that was obtained from the disclosure of information under section 127O.
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.
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.
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.
Nothing in subsection (2), (3), or (4) applies to any record adduced in proceedings in any court or tribunal.
For the purpose of subsection (4),—
public service agency has the meaning given to it in section 5 of the Public Service Act 2020:
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 1 October 2024, by section 36 of the Corrections Amendment Act 2024 (2024 No 41).