CORRECTIONS ACT 2004

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CORRECTIONS ACT 2004

- As at 30 September 2025
- Act 50 of 2004

TABLE OF PROVISIONS

1. Title

PART 1 - Preliminary provisions

2. Commencement
3. Interpretation
3A. Transitional, savings, and related provisions
4. Act binds the Crown
5. Purpose of corrections system
6. Principles guiding corrections system

PART 2 - Corrections system

SUBPART 1 - Statutory roles and responsibilities

7. Powers and functions of Minister
8. Powers and functions of chief executive
9. Powers and functions of Commissioner of Police
10. Delegation of powers and functions of chief executive
11. Prison manager and other staff of prisons
12. Powers and functions of prison managers
13. Delegation of powers and functions of prison managers
14. Powers and functions of officers
15. Hearing adjudicators
16. Powers and functions of hearing adjudicators
17. Appointment or engagement of security officers
18. Powers and functions of security officers
19. Visiting Justices
19A. Health centre managers
19B. Delegation of powers and functions of health centre managers
20. Medical officers
21. Protection of officers in discharge of functions
22. Protection of members of Armed Forces
23. Restrictions on exercise of certain powers
Note
24. Probation officers
25. Functions of probation officers
26. Probation officers may delegate power to supervise offenders on community work
27. Controlling officer of probation area
28. Inspectors of corrections
29. Powers and functions of inspectors of corrections

SUBPART 2 - Establishment and operation of community work centres

30. Establishment of community work centres
31. Chief executive may make rules for community work centres and offenders carrying out community work

SUBPART 3 - Establishment and operation of prisons

32. Establishment of prisons
33. Manager may make rules for prison
34. Detention of prisoners
34A. Detention of child or young person serving sentence of imprisonment
35. Detention during transit
36. Police station deemed Police jail for certain purposes
37. Effect of warrant, etc, for specified prisons
38. Legal custody of prisoners
39. Duty of prisoner to return if control or supervision ceases
40. Prisoners must obey lawful orders
41. Collection of biometric information, etc, from prisoner
42. Certain information to be given to recently received prisoners
43. Authorised property
44. Standard conditions of issue and transfer of issued items
45. Disposal and destruction of prisoner property
45A. Rules about authorised property
46. Trust account and purchasing system for prisoners
47. Security classifications
48. Further provisions relating to security classifications
49. Prisoners must be assessed on reception and have needs addressed
50. Prisoners' use of time
51. Case management plans
52. Rehabilitative programmes
53. Transfer from one prison to another
54. Reasons for transfer
55. Information to be given to prisoners
56. Information about reasons for transfer
57. Denial or restriction of prisoner’s opportunity to associate with other prisoners
58. Segregation for purpose of security, good order, or safety
59. Segregation for purpose of protective custody
60. Segregation for purpose of medical oversight
61. Accommodation to be provided if segregation direction in force
Note
61A. Ongoing assessment for risk of self-harm
61B. Initial steps that prison manager and health centre manager must take in respect of at-risk prisoner
61C. Confirmation of at-risk prisoner assessment
61CA. Prison manager may direct that at-risk prisoner’s association with other prisoners be restricted or denied
61D. At-risk management plan established
61E. Content of at-risk management plan
61F. Revocation of confirmed at-risk assessment
61G. Health centre manager must consult registered health professional if advice outside scope of practice
61H. Designation of at-risk cell
62. Temporary release from custody or temporary removal from prison
63. Temporary release from custody
64. Temporary removal from prison
64A. Electronic monitoring for persons temporarily released from custody or temporarily removed from prison
65. Removal of prisoner for judicial purposes
Note
65A. Electronic monitoring of prisoners employed in work or accommodated outside secure perimeter
66. Work and earnings
66A. Self-employment
67. Earnings of employed prisoner
68. Application of money
69. Minimum entitlements
70. Exercise
71. Bedding
72. Diet
73. Entitlement to private visitors
74. Legal adviser may visit prisoner
75. Medical treatment and standard of health care
76. Prisoners may send and receive mail
77. Outgoing telephone calls
78. Information and education needs of prisoners
79. Religious and spiritual needs
80. Needs relating to particular cultures
81. Working conditions
81A. Request and approval for placement of child with mother
81AB. Reconsideration of decision relating to child’s placement
81B. Parenting agreements
81C. Accommodation and feeding of children placed with their mothers
82. Accommodation generally
82A. Types of permitted accommodation
82B. No legitimate expectation as to conditions, etc

SUBPART 4 - Coercive powers

83. Use of force
84. Provoking prisoners
85. Use of less-lethal weapons
86. Possession, carriage, and use of firearms restricted
87. Restraint of prisoners
88. Reporting on use of force, weapons, and mechanical restraints
89. Definition of rub-down search
90. Definition of strip search
91. Definition of scanner search for purposes of Public Safety (Public Protection Orders) Act 2014
92. Definition of x-ray search for purposes of Public Safety (Public Protection Orders) Act 2014
92A. Meaning of scanner search for purposes of this Act
92B. Meaning of imaging technology search
92C. Particular matters relating to imaging technology searches
92D. Particular restrictions when imaging technology search used as alternative to rub-down search or strip search
93. Restrictions on internal examinations
94. Restrictions on searches
94A. Prisoner’s preference in relation to searches
95. Authority to detain for purposes of search
96. Authority to search property
97. Use of dogs for searching
98. Search of cells
98A. Scanner search of prisoners
98B. Rub-down search of prisoners
98C. Strip search of prisoner required in specified circumstances
98D. Strip search of prisoner for purpose of detecting unauthorised item
98E. Strip search of prisoner for purpose of detecting use of drugs or alcohol
98F. Imaging technology search may be alternative to strip search
99. Search of persons other than prisoners
100. Search of staff lockers and other places
101. Search of vehicles
102. Reporting of unauthorised items discovered, certain searches, and placement in dry cells
103. Detention pending investigation by Police
103AAA. Scanner search authorised to ascertain risk of communicable disease
103A. Interpretation
104. General considerations relating to mail
105. Restriction on sending mail to other prisoners
106. Opening of mail
107. Reading of correspondence
108. Withholding mail
109. Mail between prisoners, official agencies, and members of Parliament
110. Mail between prisoners and legal advisers
110A. Restrictions on disclosure of mail
110B. Warnings in relation to mail
110C. Application of Privacy Act 2020
Note
111. Interpretation
112. Purposes of monitoring prisoners' calls
113. Prisoner calls that may be monitored
114. Certain calls must not be monitored
115. Only certain persons may monitor
116. Warnings
117. Authorised disclosure of information
118. Restrictions on disclosure of information
119. Application of Privacy Act 2020
120. Destruction of recordings
121. Notice to be given of intention to produce evidence of recording
122. Privileged evidence
123. Chief executive must issue drug and alcohol strategy
124. Prisoner may be required to submit to drug or alcohol test
125. Obligations of persons carrying out procedure
126. Prisoner must be informed of result of procedure
127. Restrictions on use of result of procedure

SUBPART 4A - Monitoring, collecting, using, and disclosing prisoner communications and information sources for intelligence purpose
Note

127A. Interpretation
127B. Meaning of intelligence purpose
127C. Relationship of this subpart to monitoring, collecting, using, or disclosing information by other means
Note
127D. Exemptions for specified prisoner communications and information sources
127E. Exemptions for prisoner communications and information sources with specified persons
127F. Powers of Governor-General and chief executive to exempt prisoner communications and information sources
Note
127G. Authorised intelligence persons
Note
127H. General considerations
Note
127I. Authorised intelligence person may monitor, collect, and use prisoner communications and information sources
127J. Recording of prisoner calls
127K. Monitoring of visits and use of information collected
127L. Monitoring of exempt prisoner communications and information sources
127M. Monitoring that is incidental to other work
Note
127N. Disclosure of prisoner communications and information sources to eligible employees
127O. Disclosure of prisoner communications and information sources to persons other than eligible employees
127P. Employee must not knowingly disclose prisoner communications and information sources
Note
127Q. Warnings
Note
127R. Disposal of record held by department delayed pending resolution of complaint
127S. Disposal of records held by Police and other agencies
Note
127T. Notice to be given of intention to produce evidence in disciplinary proceeding
127U. Privileged evidence not to be given in court unless waiver of privilege obtained

SUBPART 5 - Offences

128. Offences by prisoner
129. Offences by prisoners relating to drugs, alcohol, smoking, and vaping
130. Offences committed by persons while on temporary release from custody under section 62
131. Attempting or aiding commission of offence against discipline
132. Minor or unintentional breaches of discipline
133. Powers of hearing adjudicator in relation to offences against discipline
133A. Hearing adjudicator may proceed with hearing without prisoner present
134. Decision as to who is to hear charge
135. Applications for legal representation
135A. Imposition of penalties on prisoner who is called to appear before hearing adjudicator
136. Right to appeal to Visiting Justice against decision of hearing adjudicator
137. Powers of Visiting Justice in relation to offences by prisoners
138. Reference of case from Visiting Justice to hearing adjudicator
138A. Visiting Justice may proceed with hearing without prisoner present
138B. Imposition of penalties on prisoner who is called to appear before Visiting Justice
139. Use of remote access facilities
139A. Mode of hearing or reaching decisions
140. Commencement of penalties
141. Unauthorised deliveries, communications, recordings, and possession of unauthorised items
141A. Unauthorised use or possession of electronic communication device by prisoner
142. Trespassing in, or loitering about, prison
143. Restricted communications with, or deliveries to, prisoner outside prison
144. Pretending to be security officer or employee of department
145. Failure to comply with direction or requirement under section 101(2)
146. Offences in relation to mail, information, and images
147. Injuring, interfering with, or obstructing dog used for searching
148. Offences in relation to requisitioning
149. Power of arrest
150. Power of seizure

SUBPART 6 - Complaints, investigations, and inspections

151. Interpretation
152. Objectives and monitoring of corrections complaints system
153. Prisons, community work centres, and probation offices must have internal complaints system
154. Assistance to make complaints
155. Persons under or previously under control or supervision may seek assistance from inspector of corrections
156. Investigation of complaints by inspector of corrections
157. Powers of entry and access by inspectors of corrections
158. Interviews with inspectors of corrections
159. Recommendations and directions of inspectors of corrections
160. Protocol between chief executive and Chief Ombudsman

SUBPART 7 - Miscellaneous

161. Right of member of Parliament to visit prisons
162. Right of Justice of the Peace to visit prison
162A. Crimes of Torture Act 1989 not limited
163. Certain persons to be readily identifiable
164. Provision of information to persons under control or supervision
Note
165. Health records
166. Provision of escort services or courtroom custodial services under contract
167. Requirements of security contracts
168. Liability of security contractors
169. Subcontractors
170. Security contracts to be notified in Gazette
171. Reporting responsibilities
172. Security monitors
173. Access must be given
174. Security monitors must report on certain matters
175. Application of Ombudsmen Act 1975 and Official Information Act 1982 to contract prisons, security contractors, and security officers
176. Application of New Zealand Bill of Rights Act 1990 to contract prisons, security contractors, and security officers
177. Application of Public Works Act 1981
178. Application of Resource Management Act 1991
179. Application of certain Acts to various office holders
Note
179AA. Status of certain rules and regulations relating to smoking in prisons
Note
179A. Detention of prisoners eligible for release during outbreak or spread of infectious disease
179B. No compensation for detention in prison under Health Act 1956
179C. Interpretation
179D. Notification of emergency
179E. Exclusion of liability while epidemic notice in force or during emergency
Note
180. Purpose of section 180A
180A. Prisoner information may be disclosed for social assistance purposes
180B. Information that may be requested and disclosed
180C. Social assistance may be suspended immediately if discrepancy discovered
180D. Notice required by section 180C(1)(d)
Note
180E. Information may be disclosed for taxation purposes
180F. Agreement for disclosing prisoner information for taxation purposes
Note
181. Offender information may be disclosed for immigration purposes
Note
181A. Disclosure of information relating to highest-risk offenders
182. Offender information may be disclosed to facilitate monitoring of persons on temporary release
Note
182A. Information sharing about child sex offenders
182B. Definition of child sex offender
182C. Definition of specified agency
182D. Information sharing agreements
182E. Application of agreements
183. Inquests on prisoners
184. Arrest of person unlawfully at large
185. Compensation for property damage by escapers
186. Rules governing compensation
187. Notification and payment of compensation
188. Hearing of claims
189. Procedure, evidence, and appeals
Note
189A. Interpretation
189B. Detection, interception, etc, of radiocommunications within prison boundaries
189C. Recordings of unauthorised communications
Note
189D. Chief executive may require electronic communications company to provide information to access contents of seized device
190. Matters to be included in annual report
190A. Minister may approve subsidies for voluntary groups
191. Requisitioning powers
192. Direction not to be inconsistent with applicable civil defence emergency management plan
193. Compensation if property requisitioned
194. Duties of chief executive
195. Protection from liability
196. Chief executive and Commissioner of Police may issue guidelines and instructions
197. Royal prerogative not affected
198. Management of prisons under contract
199. Requirements of prison management contracts
199AA. Delegation of powers and functions of chief executive to contractor
199AB. Delegation of powers and functions of chief executive to subcontractor
199A. Delegation of powers and functions of contractor
199B. Liability of contractor
199C. Subcontractors
199D. Reporting responsibilities
199E. Monitors
199F. Accommodation and access
199G. Monitors to report on certain matters
199H. Control of contract prison in emergency
199I. Prison management contracts to be presented to House of Representatives
199J. Release of prisoner information to and by contract prisons
199K. Transferring staff who are contributors to Government Superannuation Fund
200. Regulations
201. Regulations relating to good management of corrections system
202. Regulations relating to safe custody of prisoners
203. Regulations relating to treatment of prisoners
204. New section 141AC inserted
205. Amendments to Privacy Act 1993
206. Acts amended
207. Regulations amended
208. Repeals and revocations

PART 3 - Transitional provisions
Note

209. Existing management contracts must not be extended
210. Delegation of powers and functions of contractor
211. References in existing management contracts altered
212. Liability of contractor
213. Subcontractors
214. Reporting responsibilities
215. Monitors
216. Accommodation and access
217. Monitors to report on certain matters
218. Control of contract prison in emergency
219. Variation to management contracts to be presented to House of Representatives
220. Release of prisoner information to contract prisons
221. References in existing contracts for provision of escort services, courtroom custodial services, or both
222. Proceedings brought under sections 41A and 41B of Penal Institutions Act 1954
223. Existing rules preserved
224. Directions restricting right to associate to continue
225. Existing security classifications to continue
226. Superintendents deemed to be prison managers
227. Inspectors deemed to be inspectors of corrections
228. Most other appointments preserved
229. Certain Visiting Justices cease to hold office
230. Persons released under section 21 of Penal Institutions Act 1954
231. Directions given under section 21A of Penal Institutions Act 1954
232. Removal under section 27 or section 28 of Penal Institutions Act 1954
233. Sections 32 to 36 of Penal Institutions Act 1954 continue to apply to acts and omissions before commencement
234. Drug and alcohol strategy issued under section 36B of Penal Institutions Act 1954
235. Penal institutions deemed to be prisons and other designation changes
SCHEDULE 1AA
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4

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