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Corrections Act 2004

Corrections system - Offences - Offences against discipline

133A: Hearing adjudicator may proceed with hearing without prisoner present

You could also call this:

"The adjudicator can hold a hearing without the prisoner if they don't attend or behave badly."

Illustration for Corrections Act 2004

If you are a prisoner, the hearing adjudicator can still hold a hearing without you being there. This can happen if you refuse to attend the hearing or if you are being disruptive and the adjudicator asks you to leave. The adjudicator must be sure you had the chance to attend before making a decision. You can find more information about this in section 133(2).

If the adjudicator decides to hold the hearing without you, they must write down their decision and the reasons for it. They have to follow certain rules, which are explained in section 136(1). You cannot appeal to a Visiting Justice just because the adjudicator decided to hold the hearing without you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS996891.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"What happens if a prisoner breaks the rules: a hearing and possible penalties"

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Part 2Corrections system
Offences: Offences against discipline

133AHearing adjudicator may proceed with hearing without prisoner present

  1. Despite section 133(2), the hearing adjudicator may proceed with a hearing without the prisoner present if—

  2. the adjudicator is satisfied that the prisoner has refused to attend the hearing; or
    1. the adjudicator requires the prisoner to leave the hearing on the grounds of the prisoner’s disruptive behaviour.

      1. Before making a decision under subsection (1)(a), the hearing adjudicator must receive evidence from an officer that the prisoner has been given the opportunity to attend the hearing and has refused.

      2. If the hearing adjudicator decides to proceed with a hearing without the prisoner present, the adjudicator must record in writing the decision and reasons for it.

      3. Despite section 136(1), there is no right to appeal to a Visiting Justice solely against a decision of a hearing adjudicator under subsection (1) to proceed with a hearing without the prisoner present.

      Notes
      • Section 133A: inserted, on , by section 39 of the Corrections Amendment Act 2024 (2024 No 41).