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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
Prison detention orders
Review by court
92: Consequence of cancellation of prison detention order

Part 1:
Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending

Interpretation, objective, and principles

3Interpretation 4Objective of Act 5Principles 6Act binds the Crown

Public protection orders

Status of residents

20Detention of residents 21Legal custody of residents 22Residents must obey lawful directions 23Residents may not possess prohibited items 24Transfers between residences 25Information to be given to residents about transfers 26Leave

Rights of residents

27Rights of residents 28Earnings from work 29Right to legal advice 30Right to vote 31Recreational and cultural activities 32Right to receive and send written communications 33Access to media 34Visitors and oral communications with people outside residence 35Right to medical treatment 36Right to rehabilitative treatment 37Right to information 38Respect for cultural identity 39Right to benefits 40Receipts for residents to be paid into trust accounts

Management of residents

Management plans

41Needs assessment 42Management plans 43Management plan may bar communications between resident and specified persons 44Reviews and variations of management plan

Monitoring of written communications

45Checking and withholding of written communications in certain cases 46Written communications not to be withheld if sent by or to certain persons

Approval and inspection of items

47Delivery of items must be approved 48Items intended for, or intended to be sent by, resident may be inspected

Written communications or items withheld or not sent

49Procedure where written communication or item withheld or not sent

Telephone calls may be monitored

50Interpretation 51Purposes of monitoring resident calls 52Resident calls that may be monitored 53Certain resident calls must not be monitored 54Only certain persons may monitor resident calls 55Warnings 56Authorised disclosure of information 57Restrictions on disclosure of information 58Application of Privacy Act 2020 59Destruction of recordings 60Notice to be given of intention to produce evidence of recording 61Privileged evidence

Restrictions on contacts with persons outside residence

62Visits from, or oral communication with, certain persons may be excluded

Searches

63Search of residents and residence 64Search of persons other than residents 65Authority to search property 66Use of dogs for searching 67Taking and inspecting items appearing to be prohibited

Drug or alcohol tests

68Resident may be required to submit to drug or alcohol test 69Resident must be informed of results of test 70Restrictions on use of result of test

Seclusion

71Seclusion

Restraint

72Restraint of residents 73Escort of persons subject to detention orders

Emergencies

74Responses to security emergencies 75Assumption of control by manager of prison during civil defence emergency 76Relocation of residents to prison where residence becomes uninhabitable 77Transitional detention warrants

Inspections and complaints into alleged breaches of rights

78Visits by inspectors 79Inspectors' access to persons and documents 80Complaints about breaches of rights 81Investigation by inspectors 82Resident to be informed of outcome of investigation 83Inquiries by inspector 84Duty of manager to correct deficiencies

Prison detention orders

85Order for detention in prison 86Rights and obligations of person subject to prison detention order

Review by review panel

87Review of prison detention orders by review panel

Review by court

88Application by chief executive for review of prison detention order 89Application for cancellation by person subject to prison detention order 90Court must be provided with relevant reports on person subject to prison detention order 91Cancellation of prison detention order 92Consequence of cancellation of prison detention order

Protective supervision

92AInterpretation 93Replacement of public protection order with protective supervision order 94Requirements may be included in protective supervision order 95Notification of requirements

Drug or alcohol requirements

95AImposition, and effect, of drug or alcohol requirement 95BPerson with drug or alcohol requirement may be directed to undergo testing or submit to continuous monitoring 95CHow notice of direction to undergo testing or to submit to continuous monitoring may be given 95DWhere prescribed testing procedure may be carried out 95EInformation obtained from drug and alcohol testing or monitoring

Variation of requirements

96Court may vary requirements of protective supervision order 97Review panel may modify requirements to render them less restrictive 98Notification of changes

Review of order

99Application by chief executive for review of protective supervision order 100Application for review by person subject to protective supervision order 101Review of protective supervision order 102Cancellation of protective supervision order

Offences

103Offence to breach protective supervision order 103AOffences related to drug or alcohol requirements 103BOffence to refuse authorised person entry to residential address

Rules

103CRules about testing and monitoring of persons with drug or alcohol requirements 103DFurther provisions concerning rules made under section 103C 103EAvailability of rules made under section 103C and status under Legislation Act 2012

Part 2:
Procedural, administrative, and miscellaneous matters

Procedural matters

Procedure governing applications to court

104Applications to be made by originating application 105Service of applications 106Respondent who fails to appear may be brought to court 107Court may order interim detention of, or interim imposition of conditions on, respondent 108Evidence in proceedings under this Act 109Court may determine whether hearings are held in open or closed court 110Court may suppress evidence and submissions 111Suspension of proceedings in certain cases

Matters governing reviews by review panel

112Reports to be provided to review panel 113Interview of person

Matters relating to management or administration

114Establishment of residences 115Appointment of residence manager 116Powers and functions of residence managers 117Manager of residence may delegate powers and functions 118Status of delegations 119Manager may make rules for residence 120Chief executive may provide guidelines or instructions 121Matters to be included in annual report of department

Review panel

122Establishment and constitution of review panel 123Meetings of review panel 124Term of appointment, and reappointment 125Remuneration and expenses of members 126Immunity of members

Appointment of inspectors

127Inspectors

Visits by specified office holders

128Right of specified office holders to visit residences 129Crimes of Torture Act 1989 not limited

Residence management contracts

130Management of residences under contract 131Requirements of residence management contracts 132Delegation of powers and functions of contractor 133Liability of contractor 134Control of contract residence in emergency 135Residence management contracts to be presented to House of Representatives 136Release of resident information to and by contract residences

Miscellaneous matters

137Regulations 138Sentence of preventive detention not affected by this Act 139Suspension of orders in certain cases 140Claims by persons subject to orders under this Act not affected by Prisoners' and Victims' Claims Act 2005

Escaping from residence

141Amendment to Crimes Act 1961

Legal aid

142Amendment to Legal Services Act 2011

Access to protection orders and restraining orders

143Amendments to Privacy Act 1993 144Consequential amendments

Consequential amendments

Public Safety (Public Protection Orders) Act 2014

Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending - Prison detention orders - Review by court

92: Consequence of cancellation of prison detention order

You could also call this:

"What happens if a prison detention order is cancelled and you still have a public protection order"

Illustration for Public Safety (Public Protection Orders) Act 2014

If a court cancels a prison detention order under section 91, and you are no longer in prison, but you still have a public protection order, you will be moved to a residence. You will then have the same status, rights, and obligations as someone living in a residence under the Public Safety (Public Protection Orders) Act 2014. You can find more information about this in section 91.

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This page was last updated on 7 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4751219.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

91: Cancellation of prison detention order, or

"The court can stop a prison detention order if you don't meet the rules anymore."

92A: Interpretation, or

"What special words mean in this law"

Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Prison detention orders: Review by court

92Consequence of cancellation of prison detention order

Where, as a result of the cancellation under section 91, a person ceases to be subject to a prison detention order but continues to be subject to a public protection order, the person must be transferred from prison to a residence and then has the status, rights, and obligations of a resident under this Act.