Corrections Act 2004

Designations

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules to Help When the Law Changes"

Illustration for Corrections Act 2004

You are reading about the Corrections Act 2004. This act has some extra rules called the Transitional, savings, and related provisions. These rules help when the law changes. They explain what happens to things that were already in place before the law changed. You need to know what some words mean. The commencement date is the day after the Royal assent of the Corrections Amendment Act 2024. A management plan is like a plan for a prisoner. It says what the prisoner can and can't do. If a prisoner already had a management plan, it will now be called a case management plan. This plan will keep working even after the law changes. Some rules about prisoner calls and recordings will also keep working. The chief executive must tell prisoners about the new rules. Prisoners have the right to know if their calls and messages are being monitored. Some calls and recordings can be shared with others, but there are rules about this. These rules are in place to help keep everyone safe. They also help make sure prisoners are treated fairly.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=LMS997229.


Previous

235: Penal institutions deemed to be prisons and other designation changes, or

"Some places and job titles in the law are being renamed, like 'penal institution' to 'prison'."


Next

Schedule 1: Substantive amendments to Schedule 5 of Privacy Act 1993, or

"Changes to the Privacy Act 1993"

1AATransitional, savings, and related provisions Empowered by s 3A

1Provisions relating to Corrections Amendment Act 2024

1Interpretation

  1. In clauses 3 to 5, unless the context otherwise requires, commencement date means the day after Royal assent of the Corrections Amendment Act 2024.

Notes
  • Schedule 1AA clause 1: inserted, on , by section 51 of the Corrections Amendment Act 2024 (2024 No 41).

2Management plans continue as case management plans

  1. A management plan that has been devised for a prisoner under section 51 and is in operation immediately before the commencement date is to be considered on or after the commencement date as a case management plan that was devised in accordance with the Corrections Amendment Act 2024.

  2. In this clause,—

    commencement date means the date on which section 11 of the Corrections Amendment Act 2024 comes into force

      prisoner means a prisoner who has been received in a prison before the commencement date and continues to be in a prison on or after the commencement date.

      Notes
      • Schedule 1AA clause 2: inserted, on , by section 51 of the Corrections Amendment Act 2024 (2024 No 41).

      3Restrictions in at-risk management plans continue to apply

      1. This clause applies to an at-risk management plan for a prisoner that—

      2. was established before the commencement date and has not been revoked; and
        1. specifies any restriction on the opportunity for the prisoner to associate with other prisoners.
          1. The restrictions in the at-risk management plan referred to in subclause (1)(b) continue to apply until they are revoked or replaced by a direction given under section 61CA.

          Notes
          • Schedule 1AA clause 3: inserted, on , by section 51 of the Corrections Amendment Act 2024 (2024 No 41).

          4Informing prisoners who have already been received in prison

          1. This clause applies to prisoners who have been received in a prison before the commencement date and continue to be in a prison on or after the commencement date.

          2. The chief executive must take all practicable steps to ensure that the prisoners are promptly informed that prisoner communications and information sources may be monitored, collected, used, and disclosed under subpart 4A of Part 2.

          Notes
          • Schedule 1AA clause 4: inserted, on , by section 51 of the Corrections Amendment Act 2024 (2024 No 41).

          5Subpart 4A of Part 2 applies to prisoner calls monitored before commencement date

          1. In this clause,—

            prisoner call means a prisoner call (as defined in section 111) that—

            1. has been monitored under section 113 before the commencement date; but
              1. has not been disposed of before that date

                public service agency has the meaning given in section 127S(6)(a)

                  recording means a recording (as defined in section 111) that has not been disposed of before the commencement date

                    section 111 means section 111 of this Act as in force before the commencement date

                      section 113 means section 113 of this Act as in force before the commencement date.

                      1. A prisoner call or recording may be disclosed on or after the commencement date under sections 127N(2) to (4) and 127O(2) to (7).

                      2. The prohibitions on disclosure in section 127P apply to a prisoner call or recording on or after the commencement date as if it had been collected under subpart 4A of Part 2.

                      3. A prisoner call or recording that is held by the department must, for purposes of disposal, be treated on or after the commencement date as if it had been collected under subpart 4A of Part 2.

                      4. A prisoner call or recording that is held by the department must be treated on or after the commencement date under section 127R as if it had been collected under subpart 4A of Part 2.

                      5. A prisoner call or recording that is held by New Zealand Police or a public service agency must be treated on or after the commencement date under section 127S as if it were a record obtained from the disclosure of information under section 127O.

                      6. Section 127T applies to the production of a prisoner call or recording in evidence in a disciplinary proceeding on or after the commencement date as if the prisoner call or recording had been collected under subpart 4A of Part 2.

                      7. A prisoner call or recording is subject to privilege in accordance with section 127U on or after the commencement date as if it had been collected under subpart 4A of Part 2.

                      Notes
                      • Schedule 1AA clause 5: inserted, on , by section 51 of the Corrections Amendment Act 2024 (2024 No 41).