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Corrections Act 2004

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

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

You could also call this:

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

Illustration for Corrections Act 2004

If you are in a disciplinary proceeding, you have the right to know if someone wants to use certain evidence against you. This evidence can be from things like monitored communications or information sources. The person who wants to use this evidence must tell you beforehand that they plan to do so. They must give you details like when and where the communication happened, and who was involved if they know this. If they want to play a recording, they must give you a transcript of what was said, or if they want to tell you about it in person, they must give you a written statement with all the details.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS996615.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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127S: Disposal of records held by Police and other agencies, or

"What happens to records that Police and other agencies no longer need?"

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127U: Privileged evidence not to be given in court unless waiver of privilege obtained, or

"Some private information can't be shared in court unless the person it belongs to says it's okay"

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

127TNotice to be given of intention to produce evidence in disciplinary proceeding

  1. Particulars of prisoner communications and information sources monitored, collected, or used under this subpart must not be received in evidence in any proceedings against a prisoner for a disciplinary offence, unless the party intending to adduce the evidence has given the person reasonable notice of the party’s intention to do so.

  2. The party intending to adduce the evidence must also give the person the following:

  3. a statement of—
    1. the time, place, and date of the prisoner communications and information sources; and
      1. the names and addresses of the relevant parties to the prisoner communications and information sources, if they are known:
      2. a transcript of the recording, if the party intends to adduce the evidence in the form of a recording:
        1. a written statement setting out the full particulars of the prisoner communications and information sources, if the party intends to adduce oral evidence of the prisoner communications and information sources.

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