Corrections Act 2004

Corrections system - Offences - Offences against discipline

135A: Imposition of penalties on prisoner who is called to appear before hearing adjudicator

You could also call this:

"What happens if a prisoner does something wrong and has to go to a hearing to face penalties"

Illustration for Corrections Act 2004

If you are a prisoner and you did something wrong, you might have to go to a hearing. This hearing is to talk about what you did and what should happen to you because of it. You might have done something wrong before, and that is called the first offence.

If you do something wrong again, that is called a subsequent offence. You will have to go to a hearing to talk about the subsequent offence. The person in charge of the hearing, called the hearing adjudicator, will decide what to do about the first offence.

The hearing adjudicator can give you a penalty for the first offence, or they can decide not to give you a penalty. They can choose to give you a penalty from section 133(3) or (4), or both. If you do not agree with the hearing adjudicator's decision, you can ask for the decision to be looked at again by a Visiting Justice.

You have to ask for this within 14 days of the decision being made. The prison manager will then send your request to a Visiting Justice, and section 136(5) and (6) will apply to your case. This means that the Visiting Justice will look at your case and make a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS996896.


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Part 2Corrections system
Offences: Offences against discipline

135AImposition of penalties on prisoner who is called to appear before hearing adjudicator

  1. This section applies to a prisoner—

  2. for whom an order was made under section 133(4A) or 137(4A) in relation to an offence (the first offence); and
    1. who is required to appear for a hearing—
      1. for a subsequent offence against discipline that is alleged to have been committed during the period specified in the order; and
        1. for the imposition of any penalties in relation to the first offence if the subsequent offence is proved.
        2. If the subsequent offence is proved, the hearing adjudicator may, with respect to the first offence,—

        3. impose on the prisoner 1 or more penalties under section 133(3) or (4) or both (whether the first offence was proved under section 133 or 137); or
          1. decide not to impose any penalties on the prisoner if, in the adjudicator’s opinion, it is not in the interests of justice to impose any penalty on the prisoner for the first offence.
            1. If the prisoner is dissatisfied with a decision of the hearing adjudicator under subsection (2)(a),—

            2. the prisoner may, no later than 14 days after the date of the decision, request that the decision be referred by way of appeal to a Visiting Justice; and
              1. on receiving the request, the prison manager must promptly refer it to a Visiting Justice; and
                1. section 136(5) and (6) applies to the matter.
                  Notes
                  • Section 135A: inserted, on , by section 40 of the Corrections Amendment Act 2024 (2024 No 41).