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Public Safety (Public Protection Orders) Act 2014

Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending - Management of residents - Telephone calls may be monitored

53: Certain resident calls must not be monitored

You could also call this:

"Some phone calls, like those to MPs or lawyers, can't be listened to by others."

Illustration for Public Safety (Public Protection Orders) Act 2014

When you are a resident, some of your phone calls cannot be monitored. These calls are exempt from monitoring under the Public Safety (Public Protection Orders) Act 2014. You are protected when you call a member of Parliament or a lawyer about your legal affairs.

You are also protected when you call certain officials, such as an Ombudsman, an inspector, or the Health and Disability Commissioner. The Privacy Commissioner and members of the Human Rights Commission are also on this list, as are members of the Independent Police Conduct Authority and the Children’s Commissioner. Justices of the Peace are included too.

Some other calls are exempt, like those to people acting for the International Criminal Court. The Governor-General can also exempt certain people or groups from monitoring by Order in Council, which is a type of secondary legislation - you can learn more about this in Part 3 of the Legislation Act 2019. The chief executive can also exempt certain people from monitoring.

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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=DLM4751175.

Topics:
Crime and justice > Police and safetyCrime and justice > Victim supportRights and equality > Privacy
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52: Resident calls that may be monitored, or

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Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Management of residents: Telephone calls may be monitored

53Certain resident calls must not be monitored

  1. A resident call to which subsection (2) applies is exempt from monitoring under this Act.

  2. This subsection applies to a resident call if, and only if, it is—

  3. a call between a resident and a member of Parliament; or
    1. a call, relating to the resident's legal affairs, between a resident and a lawyer—
      1. who acts for the resident; or
        1. with whom the resident is discussing the possibility of the person's acting for the resident; or
        2. a call between a resident and a person acting, in respect of the resident, in an official capacity as—
          1. an Ombudsman; or
            1. an inspector; or
              1. the Health and Disability Commissioner; or
                1. the Privacy Commissioner; or
                  1. a member of the Human Rights Commission continued by section 4 of the Human Rights Act 1993, or an employee of the Commission; or
                    1. a member of the Independent Police Conduct Authority; or
                      1. the Children’s Commissioner; or
                        1. a Justice of the Peace; or
                        2. a call between a resident and a person acting, in his or her official capacity, on behalf of the International Criminal Court; or
                          1. a call between a resident and a person (other than a resident) who—
                            1. is a person of a kind or description for the time being exempted from monitoring under this Act by the Governor-General by Order in Council (being an order specifying a purpose or purposes for which the exemption is granted); and
                              1. is acting for a purpose specified in the order; or
                              2. a call between a resident and a person (other than a resident) for the time being exempted from monitoring under this Act by the chief executive.

                                1. An order under subsection (2)(e)(i) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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                                Notes
                                • Section 53(2)(c)(vii): replaced, on , by section 25 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                                • Section 53(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).