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 - Emergencies

76: Relocation of residents to prison where residence becomes uninhabitable

You could also call this:

"Moving to a prison if your home is destroyed or unsafe"

Illustration for Public Safety (Public Protection Orders) Act 2014

If you live in a residence that gets destroyed or becomes uninhabitable, the prison manager can help. They can ask corrections officers to take you to the prison or another prison if the first one is also destroyed. You will be safe in the prison, but if you are there for more than 72 hours, the chief executive must go to court under section 77 to ask for a special warrant to keep you there. This is just for your safety and does not change what section 75 says, and section 86 also applies to you if you are taken to a prison.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6050226.


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75: Assumption of control by manager of prison during civil defence emergency, or

"Prison manager takes charge of nearby homes during emergencies"


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77: Transitional detention warrants, or

"A special court order to keep people safe in prison for a short time if they can't go home."

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

76Relocation of residents to prison where residence becomes uninhabitable

  1. Where, for any reason, a residence is destroyed or becomes uninhabitable, the manager of the prison in which the residence is physically located may, on request by the residence manager, direct 1 or more corrections officers to detain and take the residents to the prison or, if that prison has also been destroyed or has become uninhabitable, to another prison.

  2. Where 1 or more residents are taken to a prison under subsection (1), the residents may be detained in the prison, but if the residents' detention exceeds a period of 72 hours, the chief executive must, within the next working day after the day on which that period of 72 hours expires, apply to the court under section 77 for a transitional detention warrant authorising the continued detention of those residents.

  3. Nothing in this section limits section 75.

  4. Section 86 applies to a person who is taken to a prison under subsection (1).