3Interpretation

1. In this Act, unless the context otherwise requires,—

   chief executive means the chief executive of the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

   coercive power—

   1. means a power that authorises a residence manager, staff member of a residence, or a corrections officer to use force; and
   2. includes the powers conferred by any of sections 63 to 68 and 71 to 74

   contract residence means a residence that is for the time being managed under a residence management contract

   controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975

   corrections officer has the same meaning as the term officer in section 3(1) of the Corrections Act 2004

   court means the High Court

   department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Corrections Act 2004

   deputy residence manager means a person appointed or engaged as the deputy manager of a residence under section 115

   determinate sentence has the same meaning as determinate sentence of imprisonment in section 4(1) of the Sentencing Act 2002

   electronic communication device—

   1. means an electronic communication device (other than a device used to assist with a disability) that is capable of any or all of the following actions:
      1. transmitting sound:
      2. computing information:
      3. functioning as a telephone:
      4. communicating in any other way using any technology (including telecommunication, radiocommunication, Internet, and broadcasting technology); and
   2. includes any part of an electronic communication device (for example, a SIM card) regardless of whether the part—
      1. is capable of any of the actions specified in paragraph (a); and
      2. is detachable and may be used in other electronic communication devices; and
   3. includes any device that enables or facilitates the functioning of an electronic communication device (for example, a recharger or charging device)

   guidelines or instructions means guidelines or instructions provided under section 120

   health assessor means a health practitioner who—

   1. is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine, and who is a practising psychiatrist; or
   2. is a registered psychologist

   imminent, in relation to the commission of serious sexual or violent offences by a person, means that the person is expected to commit such an offence as soon as he or she has a suitable opportunity to do so

   inspector means an inspector appointed under section 127

   interim detention order means an order made under section 107

   Judge means a Judge of the High Court

   lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006

   management plan, in relation to a resident, means the plan prepared for the resident, under section 42, as varied from time to time under this Act

   medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

   mentally disordered has the same meaning as in the Mental Health (Compulsory Assessment and Treatment) Act 1992

   Minister means the Minister of the Crown for the time being responsible for the department

   precursor substance has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975

   prison has the same meaning as in section 3(1) of the Corrections Act 2004

   prison detention order means an order made under section 85

   probation officer means an officer appointed by the chief executive in accordance with section 24 of the Corrections Act 2004

   prohibited item, in relation to a resident, means—

   1. any article that could, while in the possession of the resident, be harmful to that resident or to any other person:
   2. any medicines (within the meaning of section 3 of the Medicines Act 1981), except for medicines prescribed for the resident under that Act:
   3. any controlled drugs and precursor substances, except for medicines prescribed for the resident under the Medicines Act 1981:
   4. any psychoactive substance:
   5. any alcohol:
   6. any other intoxicating substance:
   7. any tobacco:
   8. any equipment used for smoking tobacco or any other substance:
   9. any electronic or non-electronic material that the residence manager reasonably considers to be pornographic:
   10. any electronic or non-electronic representation, which the residence manager reasonably considers to be inappropriate, of a naked or partially naked person who is or appears to be under 18 years of age:
   11. any computer or other electronic device on which a prohibited item is stored:
   12. any electronic communication device:
   13. any thing that could be used for the purpose of facilitating the escape from lawful custody of any person:
   14. any article or substance that could be used for the purpose of altering the results of a drug or alcohol test:
   15. any live animal:
   16. any other article or substance that the resident is not permitted to possess under rules made under section 119

   protective supervision order means an order made under section 93

   psychoactive substance has the same meaning as in section 9 of the Psychoactive Substances Act 2013

   public protection order means an order made under section 13

   registered psychologist means a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology

   residence means a residence established under section 114

   residence management contract means a contract for the management of a residence entered into under section 130

   residence manager or manager means a person appointed or engaged as the manager of a residence under section 115, and includes a deputy residence manager appointed under that section

   resident means a person subject to a public protection order but not to a prison detention order

   respondent, in relation to an application for a public protection order, means the person against whom the order is sought

   review panel means the review panel established by section 122

   rub-down search has the same meaning as in section 89 of the Corrections Act 2004

   scanner search has the same meaning as in section 91 of the Corrections Act 2004

   serious sexual or violent offence means an act committed before, on, or after the commencement of this section that—

   1. is committed in New Zealand and is—
      1. a sexual crime under Part 7 of the Crimes Act 1961 punishable by 7 or more years' imprisonment, including a crime under section 144A or 144C of that Act; or
      2. an offence against any of sections 172 to 177, 188, 189(1), 191, 198 to 199, 208 to 210, 234, 235, and 236 of the Crimes Act 1961; or
   2. is committed overseas and would come within the description of paragraph (a) if it had been committed in New Zealand

   serious sexual or violent offending means the commission of 1 or more serious sexual or violent offences

   staff member, in relation to a residence, means a person appointed under section 115(1)(c) or (2)(c)

   strip search has the same meaning as in section 90 of the Corrections Act 2004

   threshold, in relation to a public protection order, has the meaning given to it by section 7

   victim means a person—

   1. who is a victim of a serious sexual or violent offence committed by a person—
      1. who is a respondent to an application made by the chief executive under this Act; or
      2. who is subject to an order made under this Act; and
   2. who has asked for notice or advice of matters or decisions or directions, and copies of orders and conditions, and has given his or her current address, under section 31 of the Victims' Rights Act 2002

   x-ray search has the same meaning as in section 92 of the Corrections Act 2004.