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Public Safety (Public Protection Orders) Act 2014

Procedural, administrative, and miscellaneous matters - Matters relating to management or administration

114: Establishment of residences

You could also call this:

"The Minister can make a prison building a special home, if it's safe and separate."

Illustration for Public Safety (Public Protection Orders) Act 2014

The Minister can decide that a building in a prison area is a residence. You need to know that the Minister must make sure the residence is separate and secure before making this decision. The Minister tells everyone about this decision by putting a notice in the Gazette.

When the notice is official, the building is no longer part of the prison and is not subject to the Corrections Act 2004. However, for the purposes of the Resource Management Act 1991, the land is still considered part of the prison. The use of the land as a residence is allowed under this Act.

The notice says when the decision takes effect and describes the building or land that is now a residence. The description must be clear enough for you to know which building or land is being talked about. The Minister's decision is final from the date specified in the notice.

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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=DLM4751246.

Topics:
Crime and justice > Police and safetyHousing and property > Land use
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Part 2Procedural, administrative, and miscellaneous matters
Matters relating to management or administration

114Establishment of residences

  1. The Minister may, by notice in the Gazette, declare any building located in prison precincts or any part of that building and any land adjacent to that building to be a residence.

  2. Before making a declaration under subsection (1), the Minister must be satisfied that the proposed residence will be separate and secure.

  3. When the notice takes effect, the building or the part of the building and any adjacent land are excluded from the prison and cease to be subject to the Corrections Act 2004.

  4. Despite subsection (3), for the purposes of the Resource Management Act 1991, the land specified in the notice continues to be part of the prison in which it is located and the use of the land as a residence is deemed to be an authorised use under any existing designation or provisions of any plan that applies to the prison under that Act.

  5. Every notice under this section takes effect from the date specified in the notice.

  6. The building or the part of the building and any adjacent land declared to be a residence may be described in the notice in any way that is sufficient to identify it.

Notes
  • Section 114(4): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).