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Corrections (Management of Prisoners, and Prisoners’ Property) Amendment Bill

This bill amends the Corrections Act 2004. Its most substantive amendments would establish a clearer statutory basis for the safe, lawful, and humane management of a small group of prisoners who pose an extreme risk that the Department of Corrections manages in prison.

This bill has been accorded urgency in the House. First detected 15 September 2026, 4:26am UTC.

Member in charge: Hon Mark Mitchell · Government bill · No. 243-2 · urgency accorded 15 Sep 2026 (the remaining stages of the)
Bill on parliament.nz → RSS

Want a say? This bill is still moving

Urgency compresses the timetable, not the politics. Until the third reading, the committee of the whole House can still amend the bill — changes are moved right up to the final vote. The channels that operate at this speed:

  • Contact the member in charge — Hon Mark Mitchell — whose office decides what amendments are put, and your electorate MP. Members’ offices monitor correspondence while the House sits; a specific, clause-level point travels furthest.
  • Contact the opposition spokesperson for this portfolio — they speak and move amendments in the committee stage, and concrete problems raised by affected people are exactly what they put on the record.
  • Start or sign a petition at petitions.parliament.nz — the formal channel that stays open regardless of the House’s timetable.

Who spoke in the debates

Members who took a call in this bill’s debates, from our Hansard corpus. Under urgency several bills are often debated together (a “cognate” debate), so speakers may be addressing the group of bills.

● Mark Mitchell National · 10 ● Camilla Belich Labour · 7 ● Dan Rosewarne Labour · 4 ● Tamatha Paul Greens · 4 ● Casey Costello NZ First · 3 ● Duncan Webb Labour · 3 ● Carl Bates National · 2 ● Glen Bennett Labour · 2 ● Hon Dr Deborah Russell Labour · 2 ● Tangi Utikere Labour · 2 ● Todd Stephenson ACT · 2 ● Hana-Rawhiti Maipi-Clarke Te Pāti Māori · 1 ● Ingrid Leary Labour · 1 ● Katie Nimon National · 1 ● Miles Anderson National · 1 ● Rima Nakhle National · 1 ● Ryan Hamilton National · 1 ● Teanau Tuiono Greens · 1 ● Tom Rutherford National · 1 ● Vanessa Weenink National · 1

What this bill changes

AI-assisted analysis · every claim links to primary source · corrections
Published 15 Sep 2026, 7:20pm UTC (separate from, and later than, the alert timestamp above) · model: claude-opus-4-8

In short: Corrections could designate high-risk prisoners for restrictive "designated-management" custody, adds segregation grounds, sets minimum human-contact rules, and prohibits prolonged solitary confinement.

What changes
Creates a right A prisoner must not be held in solitary confinement (22+ hours a day without meaningful human contact) for more than 15 consecutive days.
cl 18 → Corrections Act 2004, s 69A · affects: all prisoners · confidence: high
The bill text this is based on
“prolonged solitary confinement means solitary confinement for a time period in excess of 15 consecutive days solitary confinement means the confinement of a prisoner for 22 hours or more a day without the opportunity to receive meaningful human contact”
Creates a right Every prisoner must be given the opportunity to receive at least 10 hours of meaningful human contact in each 14 consecutive days and at least 2 hours in each 7 consecutive days.
cl 18 → Corrections Act 2004, s 69A · affects: all prisoners · confidence: high
The bill text this is based on
“A prisoner must be given the opportunity to receive at least 2 hours of meaningful human contact in a time period of 7 consecutive days.”
Expands a power The chief executive may designate a person as a designated-management prisoner if satisfied they pose an extreme risk and that restrictive management is necessary to manage it.
cl 12 → Corrections Act 2004, s 52C · affects: prisoners assessed as posing extreme risk, Department of Corrections chief executive · confidence: high
The bill text this is based on
“the person, while in the legal custody under this Act of the chief executive (including, without limitation, during any temporary removal from prison) or during any temporary release from that legal custody, poses an extreme risk”
Expands a power A prison manager may restrict or deny a prisoner's opportunity to associate if the prisoner or another person would otherwise be radicalised, recruited to a harmful ideology, or recruited into an organised criminal group.
cl 14 → Corrections Act 2004, s 58 · affects: prisoners, prison managers · confidence: high
The bill text this is based on
“a prisoner or another person would otherwise be recruited into an organised criminal group (as defined in section 3AA).”
Removes a right A prisoner may be denied the daily physical exercise entitlement for up to 2 consecutive days where the prison manager believes on reasonable grounds it is not reasonably practicable to provide it.
cl 17 → Corrections Act 2004, s 69 · affects: all prisoners, prison managers · confidence: high
The bill text this is based on
“may be denied, for not more than 2 consecutive days at a time, the minimum entitlement referred to in subsection (1)(a)”
Removes a right The chief executive may apply to the High Court for an order to destroy, or forfeit to the Crown, property of a deceased prisoner who was a terrorist entity at any time before or on death.
cl 8 → Corrections Act 2004, s 45AA · affects: deceased prisoners who were terrorist entities, their estates and representatives, the Crown · confidence: high
The bill text this is based on
“the person, at any time before or on their death, was a terrorist entity”
Shifts a burden A prisoner's property may be destroyed or disposed of without the prisoner being present, subject to written notice and a challenge period of up to 14 days.
cl 7 → Corrections Act 2004, s 45 · affects: all prisoners, prison managers · confidence: medium
The bill text this is based on
“Before any destruction of a prisoner’s property is carried out under this section, the prison manager must give the prisoner concerned— (a) written notice of the prison manager’s decision”
Expands a power Regulations may authorise a prison manager to refuse a deposit into, or prevent a withdrawal from, a prisoner's trust account where prescribed grounds apply to the transaction.
cl 23 → Corrections Act 2004, s 201A · affects: prisoners with trust accounts, prison managers · confidence: high
The bill text this is based on
“to refuse to approve a deposit into a trust account in respect of a particular prisoner if— (i) the regulations require the a prison manager’s approval for the transaction”
Removes an obligation No security classification is to be assigned to a designated-management prisoner serving a sentence exceeding 3 months.
cl 11 → Corrections Act 2004, s 47 · affects: designated-management prisoners · confidence: high
The bill text this is based on
“the chief executive must also ensure that no security classification is assigned to a prisoner who is— (a) a prisoner who is subject to a sentence of imprisonment for a term exceeding 3 months; and (b) a designated-management prisoner.”
Changes a threshold A designated-management prisoner is entitled to make at least 2 hours of outgoing telephone calls per week, while other prisoners are entitled to at least one 5-minute call per week.
cl 19 → Corrections Act 2004, s 77 · affects: designated-management prisoners, all other prisoners · confidence: high
The bill text this is based on
“Every prisoner who is a designated-management prisoner is entitled to make per week at least 1 or more outgoing telephone calls whose duration (as the 1 call, or as the 2 or more calls combined) is at least 2 hours.”
Narrows a power The chief executive's designation-making powers for designated-management prisoners may not be delegated, except where a conflict of interest exists.
cl 6 → Corrections Act 2004, s 10 · affects: chief executive, prison staff · confidence: high
The bill text this is based on
“The chief executive must not, under any power of delegation, delegate to any person any power, function, or duty conferred or imposed on the chief executive under any of sections 52A to 52M and Schedule 1AB”
Who this affects
all prisonersprisoners assessed as posing extreme riskDepartment of Corrections chief executiveprisonersprison managersdeceased prisoners who were terrorist entitiestheir estates and representativesthe Crownprisoners with trust accountsdesignated-management prisonersall other prisonerschief executiveprison staff
Scrutiny

Taken under urgency; the compressed timetable limited scrutiny even where a committee stage existed.

Commencement: Most provisions come into force the day after Royal assent; section 18A(2) (exercise) 6 months after Royal assent; sections 17(1)-(2), 18 and 19(1) (meaningful human contact and telephone calls) 12 months after Royal assent.
Retrospective: no provision identified
Gaps we can see. Clauses whose effect could not be established from the bill text alone: cl 20 (corrects cross-references in s 102 to sections 98D, 98F not shown in bill text), cl 21 (amends s 171 reporting responsibilities by reference), cl 29 (amends reg 43A of Corrections Amendment Regulations 2025, target text not fully shown), cl 32 (new Part 5B / reg 52O relies on Schedule 2 items not fully determinable), cl 35 (amends reg 57 by reference to existing regulation text), cl 40 (amends Schedule 2 of Corrections Regulations 2005).

Method: the model reads the bill as published (claude-opus-4-8); every claim above carries a verbatim span of that text, checked mechanically — claims that fail the check are dropped, not softened. Text analysed from an archived copy of the official text. Full methodology →

The law, before and after

Deterministic — no AI involved

Every amendment instruction in the bill, executed mechanically against the archived text of the Act it changes. Struck text is removed, highlighted text is added. 49 operations resolved; 7 listed with the reason they couldn’t be — a visible gap, not a hidden one.

Corrections Act 2004 · 34 resolved, 1 unresolved
Text inserted cl 4 — Section 3 amended (Interpretation) (section 3(1))
The bill says: In section 3(1), insert in their appropriate alphabetical order:
3 Interpretation (1) In this Act, unless the context otherwise requires,- accused prisoner- (a) means a prisoner detained only by reason of the fact that the prisoner is awaiting trial or is on remand in custody during the trial: (b) does not include a prisoner who is on remand awaiting sentence at-risk assessment means, in relation to a prisoner, an assessment of the prisoner's risk of self-harm made under section 49(2) or 61A at-risk cell means a cell that has been designated as an at-risk cell under section 61H at-risk management plan, in relation to a prisoner, means the plan established for that prisoner under section 61D at-risk prisoner means a prisoner who has received an at-risk assessment indicating that the prisoner is at risk of self-harm and the at-risk assessment has not been reversed or revoked attendance for judicial purposes, in relation to any person, includes the attendance of that person, whether as a party or as a witness, before any of the following tribunals: (a) any court of justice: (b) the House of Representatives or any Committee of that House: (c) any arbitrator or umpire, or any person or body of persons authorised by law to make an inquiry and take evidence on oath: (d) any legal tribunal by which any legal right or liability can be established: (e) any person acting as a court or tribunal having the power to hold a judicial proceeding: (f) any family group conference within the meaning of section 2(1) of the Oranga Tamariki Act 1989: (g) (h) any other person or body of persons the proceedings, or any part of the proceedings, of whom or of which are deemed to be a judicial proceeding for the purposes of section 108 of the Crimes Act 1961 (which relates to perjury) audio link means a facility (for example, a telephone) that enables audio communication between people in different places audiovisual link means a facility that enables audio and visual communication between people in different places authorised property means property that is declared by rules made under section 45A as property that prisoners may be issued with or allowed to keep biometric information has the same meaning as in section 2(1) of the Customs and Excise Act 1996 chief executive means the chief executive of the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act complainant means a person who makes a complaint under subpart 6 of Part 2 complaint- (a) includes a complaint about- (i) the treatment of a person who is or was under control or supervision; or (ii) the conditions in the prison, community work centre, probation office, or any other place (including a dwellinghouse) at which a person referred to in subparagraph (i) is or was detained, or is or was required to attend, work, or live; or (iii) a decision in respect of a request by a person referred to in subparagraph (i) for information; or (iv) a decision relating to a person referred to in subparagraph (i) for which no other right of appeal or review exists under any enactment; but (b) does not include any action taken by a prisoner to review or appeal a decision by a hearing adjudicator or Visiting Justice under subpart 5 of Part 2 or any other complaint by a prisoner about a decision of that kind contract prison means a prison that is for the time being managed under a prison management contract contractor means a person who is a party to a prison management contract under which that person is to manage a prison corrections prison- (a) includes a prison operated by the department (including a temporary prison) and a contract prison; but (b) does not include a Police jail correspondence- (a) means a handwritten, typed, or printed message that is mail or is contained in any mail; and (b) includes a handwritten, typed, or printed manuscript contained in any mail; but (c) does not include an electronic message or a fax courtroom custodial duty means the custody, control, and supervision of a person while he or she is at any place at which the attendance of that person is required for judicial purposes courtroom custodial services means the provision of persons to undertake courtroom custodial duties department means the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act Director-General of an intelligence and security agency has the same meaning as in section 4 of the Intelligence and Security Act 2017 disciplinary offence means an offence against discipline under subpart 5 of Part 2 disciplinary proceedings means a hearing conducted by a hearing adjudicator or a Visiting Justice under subpart 5 of Part 2 drug means- (a) a controlled drug within the meaning of the Misuse of Drugs Act 1975: (b) a prescription medicine or restricted medicine within the meaning of the Medicines Act 1981: (c) a psychoactive substance within the meaning of section 9 of the Psychoactive Substances Act 2013 electronic communication device- (a) means an electronic communication device (other than a device used to assist with a disability) that is capable of any or all of the following actions: (i) transmitting sound: (ii) computing information: (iii) functioning as a telephone: (iv) communicating in any other way using any technology (including telecommunication, radiocommunication, Internet, and broadcasting technology): (b) includes any part of an electronic communication device (for example, a SIM card) regardless of whether the part- (i) is capable of any of the actions specified in paragraph (a); and (ii) is detachable and may be used in other electronic communication devices: (c) includes any device that enables or facilitates the functioning of an electronic communication device (for example, a recharger or charging device): (d) does not include- (i) any telephone facility provided for the use of prisoners under section 77; and (ii) any telephone facility or telephone system (whether inside or outside a prison) that a prisoner is permitted to use by a person under whose control or supervision the prisoner is electronic message means any communication transmitted by electronic means that is capable of being displayed on a visual display unit employee includes a person engaged under a contract for services enforcement officer- (a) means a person who is a constable, or who- (i) is an officer or employee of the public service (as defined in section 10 of the Public Service Act 2020) or a local authority; and (ii) is acting in the course of his or her official duties (being duties consisting of or including the detection, investigation, or prosecution of offences); but (b) does not include an officer (as defined in this subsection) escort duty- (a) means the transport of persons in custody- (i) to or from a prison or Police station; or (ii) to or from any place at which their attendance is or has been required for judicial purposes; or (iii) to or from a residence (within the meaning of the Oranga Tamariki Act 1989); or (iv) in connection with any temporary removal from custody under section 62; or (v) for the purposes of the Mental Health (Compulsory Assessment and Treatment) Act 1992; and (b) includes their custody, control, and supervision during that transport, and any custody, control, and supervision while they are at any place to or from which they are transported (other than a prison or Police station) that is incidental to that transport escort services means the provision of persons to undertake escort duties family, in relation to any person, includes- (a) any person to whom the person is related; and (b) the person's spouse, civil union partner, or de facto partner; and (c) the person's family group family group, in relation to any person, means a family group or extended family- (a) in which there is at least 1 adult member- (i) with whom the person has a biological or legal relationship; or (ii) to whom the person has a significant psychological attachment; or (b) that is the person's whanau or other culturally recognised family group firearm has the same meaning as in section 5 of the Arms Act 2026 Health and Disability Commissioner includes any employee of the Commissioner health centre manager means a person appointed as a health centre manager under section 19A and who is a medical practitioner or a nurse hearing adjudicator means a person designated as a hearing adjudicator under section 15 imaging technology search has the meaning given to that term in section 92B Independent Police Conduct Authority includes any employee of the Authority inspector of corrections or inspector means a person appointed as an inspector of corrections under section 28 intelligence and security agency has the same meaning as in section 4 of the Intelligence and Security Act 2017 intelligence purpose has the meaning given in section 127B investigating officer means an officer (within the meaning of section 2(1) of the Defence Act 1990) or other duly authorised person investigating a complaint under section 49 of that Act legal adviser- (a) means a lawyer (within the meaning of the Lawyers and Conveyancers Act 2006) who represents a prisoner; and (b) includes, in relation to any member of the Armed Forces detained in a prison, any other member of the Armed Forces responsible for representing that member in the Court Martial or other proceedings mail means any letter, package, parcel, or postcard sent or delivered to or by a prisoner medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003, as a practitioner of the profession of medicine medicine has the same meaning as in section 3 of the Medicines Act 1981 member of the Human Rights Commission includes any employee of the Human Rights Commission Minister means the Minister of the Crown for the time being responsible for the department monitor means any person appointed under section 199E(1) or (2) non-offence-based programme means a programme designed for persons under control or supervision to assist them to reintegrate into the community, for example, a medical, social, therapeutic, psychological, te ao Māori, cultural, educational, employment-related, religion-based, or reintegrative programme nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions offender- (a) means a person who is under control or supervision; and (b) includes a person who is dealt with or is liable to be dealt with for non-payment of a sum of money, disobedience of a court order, or contempt of court; but (c) does not include- (i) an accused prisoner; or (ii) a person who is detained solely as a consequence of a warrant or other order issued under the Immigration Act 2009 officer- (a) means- (i) the manager of a prison: (ii) any person appointed or engaged under section 11 to provide custodial services in respect of a prison: (iii) any person appointed under section 17(1): (iv) any person appointed or engaged under section 17(2) to carry out the obligations of a security contractor under a contract to undertake escort duties or courtroom custodial duties, or both, but only while that person is carrying out functions set out in section 18(1) or the powers and functions referred to in section 18(2): (v) any employee of the department who the chief executive designates to carry out the powers and functions of an officer in respect of 1 or more prisons: (vi) in respect of any provision, any employee of the department whom the chief executive designates to carry out the powers and functions of an officer under that provision in respect of 1 or more prisons; but (b) does not include any employee or independent contractor appointed or engaged to provide non-custodial services in respect of any prison or any prisoner official agency means- (a) an inspector of corrections; or (b) a monitor; or (c) a security monitor; or (d) a Visiting Justice; or (da) the Inspector-General of Intelligence and Security; or (e) an Ombudsman; or (f) the Children's Commissioner; or (g) the Health and Disability Commissioner; or (ga) an advocate within the meaning of section 2(1) of the Health and Disability Commissioner Act 1994; or (h) the Human Rights Commission; or (i) the Independent Police Conduct Authority; or (j) the Privacy Commissioner; or (k) a national preventive mechanism (as defined in section 16 of the Crimes of Torture Act 1989); or (l) the Inspector-General of Defence Ombudsman includes any employee of the Office of the Ombudsmen person under control or supervision means- (a) a prisoner: (b) a person who is subject to a community-based sentence: (c) a person who is subject to a sentence of home detention: (d) (e) a person who is subject to conditions under the Parole Act 2002 or under section 80N or 93 of the Sentencing Act 2002 Police jail means a prison established or deemed to be established as a Police jail under section 32(1)(b) prescribed means prescribed by this Act or by any regulations made under this Act prison- (a) means a prison established or deemed to be established under section 32; and (b) to avoid doubt, includes any land or building declared to be a prison prison management contract means a contract for the management of a corrections prison entered into pursuant to section 198(1) prison manager or manager- (a) means a person appointed or engaged as the manager of a prison under section 11; and (b) includes, in relation to any site within a prison declared by the chief executive to be a discrete site for the purposes of this Act, the person (if any) appointed or engaged by the chief executive to exercise the powers and perform the functions of the prison manager in relation to that site prisoner means any person for the time being in the legal custody under this Act of either of the following persons: (a) the chief executive: (b) the Commissioner of Police prisoner property means an item that- (a) is part of a prisoner's personal belongings, and is in the prisoner's possession at the time of admission to a prison; or (b) is acquired by a prisoner while in a prison; or (c) is received by a staff member of a prison on behalf of a prisoner Privacy Commissioner includes any employee of, or contractor engaged by, the Privacy Commissioner private visitor means a visitor who is not a statutory visitor or a specified visitor promptly means as soon as practicable in all the circumstances random-testing programme means a programme- (a) under which a class or classes of prisoners are identified so that certain prisoners in that class or those classes may be required to submit to a prescribed procedure for the purpose of detecting whether or not the prisoners have used drugs, consumed alcohol, or both; and (b) under which the prisoners from a particular class who are to be required to submit to a prescribed procedure are selected by a method that ensures that each prisoner in that class has an equal chance of being selected; and (c) that is established and operated in accordance with any applicable regulations made under this Act reasonably promptly means as soon as is reasonable in all the circumstances registered health professional means a health practitioner who is, or is deemed to be, registered with an authority established or continued by the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession rehabilitative programme means a programme designed for offenders to reduce reoffending by facilitating their rehabilitation and reintegration into the community, for example, a medical, social, therapeutic, psychological, te ao Māori, cultural, educational, employment-related, religion-based, reintegrative, or rehabilitative programme remote access facility means any of the following: (a) audio link: (b) audiovisual link: (c) visual link: (d) any other facility that enables communication between people in different places rub-down search has the meaning given to that term in section 89 scanner search has the meaning given to that term in section 92A scope of practice has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003 security contract means a contract entered into with the chief executive under section 166 security contractor means a person who is a party to a security contract under which that person is to provide escort services or courtroom custodial services, or both security monitor means any person appointed under section 172 security officer means any person appointed or engaged under section 17 self-care unit means accommodation of a residential style self-harm, in relation to a prisoner, means harm inflicted by the prisoner on himself or herself sentence of imprisonment has the same meaning as in section 4 of the Sentencing Act 2002 service prisoner means a service prisoner as defined in section 2(1) of the Armed Forces Discipline Act 1971 shared cell means a cell shared by a prisoner with 1 or more other prisoners specified visitor means- (a) a person or class of persons approved by the chief executive as an official visitor to 1 or more prisons: (b) a person (other than a staff member) approved by the prison manager as an official visitor to that prison for 1 or more prescribed purposes staff member of a prison or staff member- (a) means- (i) any officer of a prison; and (ii) any employee appointed or engaged to provide non-custodial services in respect of a prison or any prisoner detained in a prison; and (b) in relation to any particular prison, means- (i) any officer of that prison; and (ii) any employee appointed or engaged to provide non-custodial services in respect of that prison or any prisoner detained in that prison statutory visitor means- (a) an inspector of corrections; or (b) a Visiting Justice; or (c) a monitor; or (d) a security monitor; or (e) the Minister; or (f) the chief executive; or (g) an Ombudsman; or (h) a member of the Human Rights Commission; or (i) a member of Parliament exercising the right conferred by section 161; or (j) a Justice of the Peace exercising the right conferred by section 162; or (k) a commanding officer of a prisoner who is a service prisoner, or a representative of that commanding officer; or (l) a service authority nominated by the commanding officer of a prisoner who is a service prisoner for the purpose of visiting that prisoner; or (m) a consular representative; or (n) an investigating officer strip search has the meaning given to that term in section 90 trust account means a trust account operated under section 46 unauthorised item means- (a) any article that could, while in the possession of any prisoner, be harmful to that prisoner or to any other person: (b) any drug, alcohol, or other intoxicating substance: (ba) tobacco: (bb) any equipment used for smoking tobacco or any other substance: (bc) any vaping product or smokeless tobacco product within the meaning of section 2 of the Smokefree Environments and Regulated Products Act 1990: (c) any electronic communication device: (d) any thing that could be used for the purpose of facilitating the escape from lawful custody of any person: (e) in relation to any person, any thing that may not lawfully be retained in the person's possession: (f) any article or thing that is in the possession of any person in contravention or intended contravention of section 128, section 129(a), section 129(aa), section 141, section 143, or section 144: (fa) any thing or substance that could be used to tamper with or dilute or contaminate any sample that a prisoner is required to supply in accordance with a prescribed procedure under section 124: (g) any offensive weapon within the meaning of section 202A of the Crimes Act 1961: (h) any disabling substance within the meaning of that section: (i) any article or thing declared to be an unauthorised item by regulations made under this Act Visiting Justice means- (a) a District Court Judge; or (b) a person appointed under section 19(2) to be a Visiting Justice visitor- (a) means a person (other than a staff member, a security officer, or another prisoner) who visits a prison; and (b) includes a statutory visitor and a specified visitor visual link means a facility that enables visual communication between people in different places. (2) If any provision of this Act requires that any person employed or engaged for any position be suitable for that position, and that position involves dealing with persons under control or supervision, that person's suitability must be determined in accordance with whether or not that person is competent to exercise or perform his or her powers, duties, and functions under this Act, or any regulations made under this Act, in a fair and humane manner, because of- (a) his or her character and personality; and (b) his or her training, skills, qualifications, or work experience; and (c) other relevant experience. Compare: 1954 No 51 s 2; SR 2000/81 r 3 designated-management prisoner means a person who is subject to an in-force interim or final designation made under section 52A designated-management prisoner cell means a cell that has been designated as a designated-management prisoner cell under section 52M organised criminal group is defined in section 3AA for the purposes of sections 52D(1)(c) and 58(1)(e) Panel means the Designated-Management Prisoner Advisory Panel established by Schedule 1AB
Note: the added text is shown at the end of the provision; the bill slots it into the provision's own ordering (e.g. alphabetically among definitions).
New provision cl 5 — New section 3AA inserted (Meaning of organised criminal group) (section 3)
The bill says: After section 3, insert:
3AA Meaning of organised criminal group (1) In sections 52D(1)(c) and 58(1)(e), organised criminal group means a group of 3 or more people who have as their objective, or one of their objectives,— obtaining a material benefit from the commission of 1 or more offences that are punishable by imprisonment for a term of 4 years or more; or obtaining a material benefit from conduct outside New Zealand that, if it occurred in New Zealand, would constitute the commission of 1 or more offences that are punishable by imprisonment for a term of 4 years or more; or the commission of 1 or more serious violent offences; or conduct outside New Zealand that, if it occurred in New Zealand, would constitute the commission of 1 or more serious violent offences. (2) In subsection (1), obtaining a material benefit from the commission of any offence or from any conduct means obtaining, directly or indirectly, any privilege, pecuniary advantage, property, or other valuable consideration of any kind for— engaging in that offence or conduct; or doing any thing that forms part of engaging in that offence or conduct. (3) In subsection (1), serious violent offence means any offence— that is punishable by a period of imprisonment for a term of 7 years or more; and where the conduct constituting the offence involves— loss of a person’s life or serious risk of loss of a person’s life; or serious injury to a person or serious risk of serious injury to a person; or serious damage to property in circumstances endangering the physical safety of any person; or perverting the course of justice, where the purpose of the conduct is to prevent, seriously hinder, or seriously obstruct the detection, investigation, or prosecution of any offence— that is punishable by a period of imprisonment for a term of 7 years or more; and that involved, involves, or would involve conduct of the kind referred to in any of subparagraphs (i) to (iii). (4) For the purposes of subsection (1), a group of persons is capable of being an organised criminal group whether or not— some of the persons in the group are subordinates or employees of others in the group; or only some of the people involved in the group at a particular time are involved in the planning, arrangement, or execution at that time of any particular action, activity, or transaction; or the membership of the group changes from time to time.
Before-text from the Act
Amended cl 6 — Section 10 amended (Delegation of powers and functions of chief executive) (section 10)
The bill says: In section 10, replace "Despite anything in clauses 2 to 4 of Schedule 6 of the Public Service Act 2020 or in any other provision of this Act or of any other enactment, the chief executive must not delegate to any staff member of a prison-" with "The chief executive must not, under any power of delegation, delegate to any staff member of a prison-".
10 Delegation of powers and functions of chief executive Despite anything in clauses 2 to 4 of Schedule 6 of the Public Service Act 2020 or in any other provision of this Act or of any other enactment, the The chief executive must not not, under any power of delegation, delegate to any staff member of a prison- (a) the power to make an application under section 60(1) of the Parole Act 2002 (which relates to the recall of offenders); or (b) the power to make an application under section 107 of the Parole Act 2002 (which relates to orders that offenders not be released); or (c) the power to designate employees as hearing adjudicators under section 15; or (d) the power to appoint inspectors of corrections under section 28; or (e) the power to authorise extended periods of detention in a Police jail under section 34(5); or (ea) the power to reconsider a prisoner's security classification under section 48(2); or (f) the powers conferred by section 58 or section 59(1)(b) (which relate to the segregation of prisoners on the grounds of security, good order, or safety; or for the purpose of protective custody); or (g) the power to grant approvals under sections 66(5)(a) and 66A(2) (which relate to the types and conditions of work in which prisoners will be employed); or (gaa) the power under section 81AB to reconsider a decision refusing approval for a placement, or ending the placement, of a child; or (ga) the power to approve an employee for the purposes of any regulations made under this Act; or (gb) the power under section 127K(1) to approve the monitoring of visits and the collection of information from communications during the visits; or (h) the power to appoint security monitors under section 172; or (i) the power to issue guidelines or instructions under section 196; or (j) the power to appoint monitors under section 199E(1) or (2); or (k) any power, function, or duty conferred or imposed on the chief executive by or under this enactment or any other enactment where the power, function, or duty relates to the review of any act or omission of any staff member of a contract prison. Compare: 1954 No 51 s 3A
New provision cl 6 — Section 10 amended (Delegation of powers and functions of chief executive) (section 10(e))
The bill says: After section 10(e), insert:
any power, function, or duty to make, amend, revoke, revoke and replace, or ensure review of, rules (about the operation of a trust account) made under section 46A; or any power, function, or duty conferred or imposed on the chief executive under any of sections 52A to 52M and Schedule 1AB (which relate to designated-management prisoners); or
Before-text from the Act
Text inserted cl 6 — Section 10 amended (Delegation of powers and functions of chief executive) (section 10)
The bill says: In section 10, insert as subsections (2) to (4):
10 Delegation of powers and functions of chief executive Despite anything in clauses 2 to 4 of Schedule 6 of the Public Service Act 2020 or in any other provision of this Act or of any other enactment, the chief executive must not delegate to any staff member of a prison- (a) the power to make an application under section 60(1) of the Parole Act 2002 (which relates to the recall of offenders); or (b) the power to make an application under section 107 of the Parole Act 2002 (which relates to orders that offenders not be released); or (c) the power to designate employees as hearing adjudicators under section 15; or (d) the power to appoint inspectors of corrections under section 28; or (e) the power to authorise extended periods of detention in a Police jail under section 34(5); or (ea) the power to reconsider a prisoner's security classification under section 48(2); or (f) the powers conferred by section 58 or section 59(1)(b) (which relate to the segregation of prisoners on the grounds of security, good order, or safety; or for the purpose of protective custody); or (g) the power to grant approvals under sections 66(5)(a) and 66A(2) (which relate to the types and conditions of work in which prisoners will be employed); or (gaa) the power under section 81AB to reconsider a decision refusing approval for a placement, or ending the placement, of a child; or (ga) the power to approve an employee for the purposes of any regulations made under this Act; or (gb) the power under section 127K(1) to approve the monitoring of visits and the collection of information from communications during the visits; or (h) the power to appoint security monitors under section 172; or (i) the power to issue guidelines or instructions under section 196; or (j) the power to appoint monitors under section 199E(1) or (2); or (k) any power, function, or duty conferred or imposed on the chief executive by or under this enactment or any other enactment where the power, function, or duty relates to the review of any act or omission of any staff member of a contract prison. Compare: 1954 No 51 s 3A (2) The chief executive must not, under any power of delegation, delegate to any person any power, function, or duty conferred or imposed on the chief executive under any of sections 52A to 52M and Schedule 1AB (which relate to designated-management prisoners). (3) However, the chief executive may, under any power of delegation, delegate any power, function, or duty to which subsection (2) applies if- the chief executive has an actual or potential conflict of interest if they exercise or perform the power, function, or duty; and the delegation is reasonably required to ensure that the power, function, or duty is exercised or performed unaffected by that actual or potential conflict of interest. (24) This section applies despite anything in- clauses 2 to 4 of Schedule 6 of the Public Service Act 2020; or any other provision of this Act or of any other legislation.
Note: the added text is shown at the end of the provision; the bill slots it into the provision's own ordering (e.g. alphabetically among definitions).
Replaced cl 7 — Section 45 replaced (Disposal and destruction of prisoner property) (section 45)
The bill says: Replace section 45 with:
45 Disposal and destruction Destruction or disposal of prisoner property property: general Prison manager considers item to be one specified for destruction or disposal (1) An item of prisoner property may be destroyed or disposed of in a manner approved by the prison manager if the prison manager considers the item to be— (a) a dangerous item or substance; or (b) a health hazard; or (c) inflammable; or (d) alcohol; or (e) a controlled drug (within the meaning of the Misuse of Drugs Act 1975); or (f) objectionable; or (g) perishable. Failure to comply with requirement that item be removed from prison (2) An item of prisoner property may be destroyed or disposed of in a manner approved by the prison manager if if— the prison manager requires the item to be removed from the prison in accordance with any regulations made under this Act, Act; and the prisoner concerned fails to comply with that requirement reasonably promptly. Written notice of decision to destroy item (3) Any Before any destruction of a prisoner’s property must be is carried out in under this section, the prisoner’s presence unless— prison manager must give the prisoner concerned— (a) destruction in his or her presence is dangerous written notice of the prison manager’s decision under subsection (1) or impracticable; (2) to destroy the relevant item of prisoner property: a specified period to respond to, complain about, or otherwise challenge that decision. (b) (4) A period specified under subsection (3)(b) must be— as long as is reasonably practicable in the circumstances; but no longer than 14 days after the notice is given. Regulations about asking for written acknowledgment of property register entry (5) Subsection (3) does not affect regulations under sections 200(1)(c) and 202(d) requiring that the prisoner cannot be identified asked for written acknowledgement of any entry in, or located. Compare: SR 2000/81 r 120 amendment to any existing entry in, the property register, and that describes fully all items of property destroyed under this section.
New provision cl 8 — New section 45AA inserted (Destruction or forfeiture of prisoner property: harmful item of property of prisoner who, before or on their death, was terrorist entity) (section 45A)
The bill says: After section 45A, insert:
45AA Destruction or forfeiture of prisoner property: harmful item of property of prisoner who, before or on their death, was terrorist entity Item of property to which this section applies (1) This section applies to an item of property of a person (the person) if— the person died while the person was— a prisoner who is in the legal custody under this Act of the chief executive (see section 38); or temporarily released from custody under section 62; or liable to be detained in the legal custody of another person, or remanded to a hospital, under other legislation (for example, as a special patient as defined in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992); and the person, at any time before or on their death, was a terrorist entity; and the item of property is, on the person’s death, held by or on behalf of the department. Application to High Court for order authorising destruction of item (2) The chief executive may, if satisfied that the item of property is, or is likely to be, a harmful item of property, apply to the High Court for an order authorising— destruction of the item of property (if it is not trust account money); or forfeiture to the Crown of the item of property (if it is trust account money). (3) The application must be made by originating application in the manner provided by the High Court Rules 2016 and must be made on notice to— the representative of the person; and any other person, or other people, that the court may direct. Court’s power to make order authorising destruction or forfeiture to Crown (4) On an application under this section, the court may, if satisfied that the item is, or is likely to be, a harmful item of property, make an order authorising— destruction of the item of property (if it is not trust account money); or forfeiture to the Crown of the item of property (if it is trust account money). Definitions (5) In this section,— harmful item of property means an item of property that, if returned, would, or is likely to, result in dealing with the item that is or includes all or any of the following harmful outcomes: an offence against section 9 of the Terrorism Suppression Act 2002 (prohibition on dealing with property of, or derived or generated from property of, designated terrorist entity): promoting or encouraging hostility towards any group of persons on 1 or more of the grounds specified in section 21 of the Human Rights Act 1993: promoting, encouraging, or facilitating criminal acts or terrorism: further harm to (for example, further trauma to or further stress for) victims of criminal acts or terrorism committed by the person: prejudice to the security or defence of New Zealand, or to the international relations of the Government of New Zealand, arising from all or any of the outcomes specified in paragraphs (a) to (d) item of property, of a person who is or was a prisoner, includes, without limitation, all trust account money (if any) of that person representative, of a person, means— the executor or administrator of the person’s estate (if known to, or reasonably able to be ascertained by, the department); or a person nominated by the person as a contact person (if the executor or administrator of the person’s estate is not known to, or reasonably able to be ascertained by, the department); or in any other case, the person’s next of kin (if known to, or reasonably able to be ascertained by, the department) returned, in relation to an item of property of a person, means that the item is made available, in any way, by the department, to either or both of the following (whether they are in or outside New Zealand): a representative: any 1 or more members of the public (whether they obtain the item of property apart from, or directly or indirectly through, a representative) terrorism means a terrorist act as defined in section 5(1) of the Terrorism Suppression Act 2002 terrorist entity means— a designated terrorist entity as defined in section 4(1) of the Terrorism Suppression Act 2002; or a member of a group or organisation that is a designated terrorist entity (as so defined) trust account money, in relation to a person who is or was a prisoner, means all money (if any) held exclusively for that person in a trust account and to be paid,— under section 46(3), to the prisoner when the prisoner is discharged from a prison; or under section 46(4)(b), to the executor or administrator of the prisoner’s estate if the prisoner dies while in legal custody.
Before-text from the Act
Amended cl 9 — Section 46 amended (Trust account and purchasing system for prisoners) (section 46(1))
The bill says: In section 46(1), delete "belonging to prisoners".
46 Trust account and purchasing system for prisoners (1) The chief executive must ensure that 1 or more trust accounts in which money belonging to prisoners is held exclusively for particular prisoners are opened and operated. (2) A trust account must be operated and maintained in the prescribed manner. (3) A prisoner must be paid all the money held exclusively for the prisoner in a trust account when the prisoner is discharged from a prison. (4) If a prisoner dies while in legal custody,- (a) the entries in any trust account that relate to the prisoner must be balanced as at the date of death; and (b) any money held exclusively for that prisoner must be paid to the executor or administrator of the prisoner's estate. (5) The chief executive must ensure that, in respect of each corrections prison, a purchasing system is established through which prisoners may buy approved items. (6) A prisoner may buy an item through the purchasing system only if the prisoner- (a) uses money held exclusively for him or her in the trust account; and (b) has enough money in the trust account to buy it. Compare: SR 2000/81 rr 125, 128
Replaced cl 9 — Section 46 amended (Trust account and purchasing system for prisoners) (section 46(2))
The bill says: Replace section 46(2) with:
46 Trust account and purchasing system for prisoners (1) The chief executive must ensure that 1 or more trust accounts in which money belonging to prisoners is held exclusively for particular prisoners are opened and operated. (2) A trust account must be operated and maintained in the prescribed manner. (3) A prisoner must be paid all the money held exclusively for the prisoner in a trust account when the prisoner is discharged from a prison. (4) If a prisoner dies while in legal custody,— (a) the entries in any trust account that relate to the prisoner must be balanced as at the date of death; and (b) any money held exclusively for that prisoner must be paid to the executor or administrator of the prisoner’s estate. (5) The chief executive must ensure that, in respect of each corrections prison, a purchasing system is established through which prisoners may buy approved items. (6) A prisoner may buy an item through the purchasing system only if the prisoner— maintained— (a) uses money held exclusively for him or her in the trust account; prescribed manner; and (b) has enough money in the trust account to buy it. Compare: SR 2000/81 rr 125, 128 accordance with all applicable requirements imposed by rules made under section 46A.
New provision cl 9 — Section 46 amended (Trust account and purchasing system for prisoners) (section 46(4))
The bill says: After section 46(4), insert:
(4A) However, subsection (4)(b) applies to money held exclusively for a prisoner who is a person to whom section 45AA applies only if— the chief executive has decided not to apply for an order for forfeiture to the Crown of the money under section 45AA; or an application made for an order for forfeiture to the Crown of the money under section 45AA has been finally determined (including any rehearing, retrial, or appeal) and declined.
Before-text from the Act
New provision cl 10 — New section 46A inserted (Rules about operation of trust account) (section 46)
The bill says: After section 46, insert:
46A Rules about operation of trust account (1) The chief executive must, in respect of all corrections prisons, make rules imposing requirements for the following: the operation of 1 or more trust accounts in which money is held exclusively for a particular prisoner: any money that is held exclusively for a particular prisoner within 1 or more trust accounts. (2) Examples of requirements that may be imposed by rules made under this section include requirements relating to all or any of the following: how money may be deposited into, or withdrawn from, a trust account in which money is held exclusively for that prisoner: who may deposit money into the trust account: the maximum amount of money that may be held in the trust account exclusively for that prisoner: maximum amounts of money that may be deposited into the trust account in a single transaction or over a specified period, or both, to be held exclusively for the particular prisoner in the trust account: other requirements for deposits of money into the trust account: maximum amounts of money held exclusively for the particular prisoner in the trust account that may be withdrawn from the trust account in a single transaction or over a specified period, or both: other requirements for withdrawals of money from the trust account. (3) A requirement imposed by the rules applies to the operation of a trust account and to any money that is held exclusively for a particular prisoner within the trust account, unless— the application of the requirement to the trust account or money is inconsistent with a provision of this Act, of any regulations made under this Act, or of any other legislation; or the rules provide that the requirement does not apply to the trust account or money if the prison manager is satisfied that there are special circumstances that— relate to meeting the prisoner’s rehabilitative, reintegrative, humanitarian, or health needs; and justify the requirement not applying to the trust account or money. (4) The chief executive must ensure that a review of the rules is completed— in the 5 years after the commencement of this section; and in the 5 years after each review completed under this section. (5) Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements)
Before-text from the Act
New provision cl 11 — Section 47 amended (Security classifications) (section 47(1))
The bill says: After section 47(1), insert:
(2) Despite subsection (1), the chief executive must also ensure that no security classification is assigned to a prisoner who is— a prisoner who is subject to a sentence of imprisonment for a term exceeding 3 months; and a designated-management prisoner. (2A) Despite subsection (2), the chief executive must also ensure that a security classification is assigned to a prisoner who— is a prisoner who is subject to a sentence of imprisonment for a term exceeding 3 months; and was, but has ceased to be, a designated-management prisoner.
Before-text from the Act
New provision cl 11 — Section 47 amended (Security classifications) (section 47(3))
The bill says: After section 47(3), insert:
(3A) Subsection (3)(b) does not apply while the prisoner is a designated-management prisoner (as defined in section 3(1)).
Before-text from the Act
New provision cl 11 — Section 47 amended (Security classifications) (section 47(4)(a))
The bill says: Before section 47(4)(a), insert:
the prisoner’s interim or final designation as a designated-management prisoner expires or is revoked; or
Before-text from the Act
New provision cl 12 — New sections 52A to 52M and cross-heading inserted (section 52)
The bill says: After section 52, insert:
52A Interim or final designation Power to make, renew, or replace designation (1) The chief executive may make an interim designation or a final designation designating as a designated-management prisoner a person who— is an eligible person (as defined in section 52B); and meets the test for designation (see sections 52C to 52F). Designation must also comply with related sections (2) This section is subject to sections 52G to 52J. 52B Meaning of eligible person Interim designation (1) In section 52A(1)(a), eligible person, for an interim designation, means a person who the chief executive is satisfied on reasonable grounds is either or both of the following: a person who is, or will in the next 7 days be, a person who is for the time being in the legal custody under this Act of the chief executive: a person who is subject to an extradition request made by, or to, New Zealand. Final designation (2) In section 52A(1)(a), eligible person, for a final designation, means a person who is for the time being in the legal custody under this Act of the chief executive. 52C Test for designation A person meets the test for designation under section 52A(1)(b) only if the chief executive is satisfied on reasonable grounds that— the person, while in the legal custody under this Act of the chief executive (including, without limitation, during any temporary removal from prison) or during any temporary release from that legal custody, poses an extreme risk to prison or public safety, safety of prisoners, safety of staff members or employees or visitors, or prison safety or security (see sections 52D and 52E); and restrictive management is necessary to manage effectively that extreme risk (see sections 52F and 52L). 52D Person taken to pose extreme risk to prison or public safety, safety of prisoners, safety of staff members or employees or visitors, or prison safety or security (1) For the purposes of section 52C(a), a person, while in the legal custody under this Act of the chief executive (including, without limitation, during any temporary removal from prison) or during any temporary release from that legal custody, poses an extreme risk to prison or public safety, safety of prisoners, safety of staff members or employees or visitors, or prison safety or security if the person, while in that custody or during that temporary release, poses an extreme risk of all or any of the following conduct: committing any serious offence under a law of New Zealand or of, or of any State, territory, province, or other part of, another country (for example, any serious offence that is a serious sexual or violent offence, serious drug offence, serious money laundering offence, serious illicit goods trading or trafficking offence, serious human trafficking offence, or serious offence against the Terrorism Suppression Act 2002): disrupting severely a prison’s safety, or security, or good order: committing any offence against the Terrorism Suppression Act 2002: recruiting a prisoner or another person into an organised criminal group (as defined in section 3AA): radicalising, or recruiting to an ideology, another person, if the radicalisation or ideology is likely to result in harm to that radicalised or recruited other person, 1 or more other persons, or both. (2) Subsection (1)(a) to (d) applies whether any specified conduct— would be brought about by the prisoner directly or indirectly (for example, indirectly by aiding, abetting, inciting, counselling, procuring, promoting, encouraging, or facilitating another person (even if not a person under control or supervision) to bring it about): would involve endangering or prejudicing the security or safety of, committing an offence against, recruiting, or radicalising or recruiting, another person who is, or is not, a person under control or supervision: would occur, in whole or in part, in or outside the prison. (2A) In subsection (1)(d), harm to a person who is radicalised or recruited to an ideology includes, without limitation, harm caused to that person through their participation in, or involvement with, terrorism, violent extremism, or both. (3) This section does not limit the generality of section 52C(a). 52E Risk taken to be extreme risk (1) For the purposes of section 52C(a) or 52D, a person is taken to pose an extreme risk of conduct if the person poses a risk that (if not managed restrictively as provided in section 52C(b)) involves a high degree of likelihood ofincludes a real risk of— that conduct happening; or that conduct, if it happens, causing a severe degree of harm; or both of the things specified in paragraphs (a) and (b). (2) This section does not limit the generality of sections 52C(a) and 52D. 52F Restrictive management to manage effectively extreme risk (1) This section applies when the chief executive is considering, for the purposes of section 52C(b), whether restrictive management is necessary to manage effectively the extreme risk mentioned in section 52C(a). (2) The chief executive must consider— the types of management under this Act (other than sections 52A to 52M) necessary to manage effectively that risk; and the levels of restrictiveness of the types of management under this Act (other than sections 52A to 52M) necessary to manage effectively that risk; and the effect of an in-force designation under section 52L. 52G Further requirements for interim designation When requirements in this section apply (1) Before making or renewing an interim designation under section 52A, the chief executive must comply with the requirements in this section. Request that Panel make recommendation on final designation (2) The chief executive must ensure that the Panel has been, or will soon be, requested by the chief executive to make a recommendation under clause 2 of Schedule 1AB. Person should be subject to effects of interim designation (3) The chief executive must be satisfied that the person should be subject to the effects of an in-force interim designation (see section 52L) until whichever occurs first of the following: a final designation is made or replaced and comes into force in respect of the person (see section 52J(2)(c)(i)); or the chief executive decides not to make or replace a final designation in respect of the person (see section 52J(2)(c)(ii)). 52H Further requirements for final designation When this section applies (1) This section applies when if the chief executive is deciding to make or replace, or to not make or replace, a final designation under section 52A. Panel’s recommendation and information Panel considered in making it (2) The chief executive must request, and take into account,— the recommendation of the Panel; and the information that the Panel considered in making that recommendation. Other relevant advice or information (3) The chief executive may take into account any other advice or information (for example, about the expected placement and management of the person) that the chief executive considers relevant to that decision. Duty to record reasons for departing from Panel’s recommendation (4) The chief executive must record their reasons for departing, to any extent, from the Panel’s recommendation. 52I Notice to person affected The chief executive must, as soon as is reasonably practicable, give a person— written notice that the Panel has been, or will soon be, requested to recommend that the chief executive make or not make a final designation designating the person as a designated-management prisoner; and a written summary of the reasons why a recommendation of the Panel has been, or will soon be, requested in respect of the person; and information to the effect that, in making the Panel’s recommendation, the Panel must consider any written information or written submissions provided by, or on behalf of, the person (see clause 6(a) of Schedule 1AB); and a written copy of any interim designation or final designation made designating the person as a designated-management prisoner; and a written summary of the reasons why any interim designation or final designation was made designating the person as a designated-management prisoner; and written notice that the chief executive is to review under section 52K(2) or (3) an in-force final designation designating the person as a designated-management prisoner; and information to the effect that, in making the Panel’s recommendation on a review under section 52K(2) or (3), the Panel must consider any written information or written submissions provided by, or on behalf of, the person (see clause 6(a) of Schedule 1AB); and written notice of, and of the reasons for, the outcome of a review under section 52K(2) or (3). Information to be given as soon as is reasonably practicable (1) The chief executive must, as soon as is reasonably practicable, give a person— a written copy of any interim designation made designating the person as a designated-management prisoner, together with a written summary of the reasons why that interim designation was made; and the following information relating to the Panel and a final designation: written notice that the Panel has been, or will soon be, requested to recommend that the chief executive make or not make a final designation designating the person as a designated-management prisoner; and a written summary of the reasons why a recommendation of the Panel has been, or will soon be, requested in respect of the person; and information to the effect that, in making the Panel’s recommendation, the Panel must consider any written information or written submissions provided by, or on behalf of, the person before a reasonable deadline specified for the purpose (see clause 6(a) of Schedule 1AB); and a written copy of any final designation made designating the person as a designated-management prisoner, together with— a copy of the Panel’s recommendation in respect of the person, including, without limitation, a summary of the details required by clause 5(3A)(b) and (c) of Schedule 1AB; and a written summary of the reasons why that final designation was made; and the following information relating to a review under section 52K(2) or (3) of an in-force final designation: written notice that the chief executive is to review under section 52K(2) or (3) an in-force final designation designating the person as a designated-management prisoner; and information to the effect that, in making the Panel’s recommendation on a review under section 52K(2) or (3), the Panel must consider any written information or written submissions provided by, or on behalf of, the person before a reasonable deadline specified for the purpose (see clause 6(a) of Schedule 1AB); and written notice of, and of the reasons for, the outcome of a review under section 52K(2) or (3). Exception if real risk to public safety, health or safety, or prison safety, security, or good order (2) However, subsection (3) applies if the chief executive believes on reasonable grounds that giving any information mentioned in subsection (1) as soon as is reasonably practicable would create a real risk of affecting adversely all or any of the following: public safety: the health or safety of either or both of the following: the prisoner: any other person at a prison (for example, any staff member, employee, or visitor): a prison’s safety, security, or good order. (3) The chief executive must (despite subsection (1)) give the information to which subsection (2) applies as soon as is consistent with managing effectively the risk mentioned in subsection (2). 52IA Records of reasons for interim or final designation (1) The chief executive must maintain records of the reasons why any interim designation or final designation was made designating the person as a designated-management prisoner. (2) This section does not affect or limit the Public Records Act 2005. 52IB Communication assistance for person affected (1) This section applies if the chief executive or a staff member of a prison knows that a person— may be, is, or has been, subject to an interim designation or a final designation designating the person as a designated-management prisoner; and has difficulties with verbal or written communication (for example, in communicating orally, or in reading and writing). (2) The chief executive or staff member must ensure that the person is provided with adequate communication assistance to help enable the person to— understand information provided to the person under section 52I; and understand, and communicate effectively in, any hearings of an oral statement under clause 5(3) of Schedule 1AB; and compose, approve, and provide written information or written submissions under clause 6(a) of Schedule 1AB; and compose a written request for a review under section 52K(3). 52J Duration and renewal or replacement When interim or final designation comes into force (1) An interim designation or a final designation comes into force— on a day that— is, or is after, the day after the designation is made; and is stated in the designation as the day on which it comes into force; or if the person concerned is not in the legal custody under this Act of the chief executive on the day stated under paragraph (a), on the day on which the person later becomes a person in that legal custody. When interim designation ends and may be renewed (2) An interim designation made in respect of a person— expires 28 days after it comes into force (unless it comes into force after it is renewed), unless it is earlier revoked or the person earlier ceases to be in the legal custody of the chief executive, for example, because the person— earlier ceases to be remanded in custody; or is earlier released on parole; or earlier ceases to be serving a sentence of imprisonment; and may be renewed, once only, in respect of the same person, for a further 14 days, to continue their interim designation after it would otherwise end and until a decision is made about whether to make, or to replace, a final designation in respect of the person, unless the renewed designation is earlier revoked or the person earlier ceases to be in the legal custody of the chief executive, for example, because the person— earlier ceases to be remanded in custody; or is earlier released on parole; or earlier ceases to be serving a sentence of imprisonment; and ceases to have effect under this paragraph if— a final designation is made and comes into force in respect of the person to whom the interim designation applies; or the chief executive decides not to make a final designation in respect of that person. When final designation ends and may be replaced (3) A final designation made in respect of a person— expires after the period (not exceeding 2 years after it comes into force) stated in it as the period after which it expires, unless it is earlier revoked or the person earlier ceases to be in the legal custody of the chief executive, for example, because the person— earlier ceases to be remanded in custody; or is earlier released on parole; or earlier ceases to be serving a sentence of imprisonment; and may be replaced by 1 or more later final designations made in respect of the same person (based on the same, or a different, risk). When final designation ends if chief executive does not meet applicable deadline (4) An in-force final designation made in respect of a person expires at the applicable deadline under section 52K(2A) or (3B) if the chief executive fails to comply with that deadline. When final designation ends if review not completed by applicable deadline (5) An in-force final designation made in respect of a person expires at the applicable deadline under section 52K(5) or (6) if the in-force final designation is the subject of a review under section 52K(2) or (3) that— commences; and is not completed by the applicable deadline under section 52K(5) or (6). 52K Review of in-force final designation Designation to be copied to relevant prison manager (1AAA) After an in-force final designation is made, or reviewed under this section, the chief executive must promptly copy to a relevant prison manager the following: the designation (as made, or as reviewed under this section); and information identifying all factors on which the designation is based. If chief executive is informed by department , and is satisfied, of developments (1) The department A relevant prison manager must inform the chief executive if, after an in-force final designation is made, or reviewed under this section, the department relevant prison manager becomes aware that either or both of the following developments has or have occurred: new information relevant to the designation has become available and makes, or may make, the designation unnecessary or inappropriate: a change in a factor on which the designation is based has occurred and makes, or may make, the designation unnecessary or inappropriate. (2) If informed by the department a relevant prison manager, and satisfied, that either or both of those developments has or have occurred, the chief executive must— review the in-force final designation; and in the light of the review, decide whether (and, if so, how) to amend, revoke, or revoke and replace that designation. (2A) If informed on a day by a relevant prison manager of either or both of those developments, the chief executive must decide within the following 28 days whether they are satisfied that either or both of those developments has or have occurred. If chief executive is satisfied, on own initiative or on request, of developments (3) If satisfied, on their own initiative, or on a written request by the designated person-management prisoner to conduct a review under this subsection, that either or both of those developments has or have occurred, the chief executive must— review the in-force final designation; and in the light of the review, decide whether (and, if so, how) to amend, revoke, or revoke and replace that designation. (3AA) Despite subsection (3), a designated-management prisoner may not make a written request under subsection (3) if a written request for a review of the in-force final designation that applies to the prisoner was considered, as a consequence of an earlier written request under subsection (3), within the previous 6 months. (3A) A relevant prison manager who becomes aware of a written request by the designated-management prisoner to conduct a review under subsection (3) must ensure that the request is forwarded promptly to the chief executive. (3B) If informed on a day by a relevant prison manager of a written request by the designated-management prisoner, the chief executive must decide within the following 28 days whether they are satisfied that either or both of those developments has or have occurred. Process for review (4) In a review under subsection (2) or (3) and in any related amendment, revocation, or revocation and replacement of an in-force final designation, the chief executive— must request, and take into account, the recommendation of the Panel and the information considered by the Panel in making that recommendation; and may take into account any other advice or information that the chief executive considers relevant to that decision. (5) A review under subsection (2) or (3) must be completed within 28 days after the day on which the chief executive has decided that they are satisfied that either or both of those developments has or have occurred, and so must, under that subsection, carry out the review. (6) However, the chief executive may, if in their opinion it is reasonably necessary to do so, extend the deadline under subsection (5), once only, and for a further 14 days. 52L Effect of in-force designation (restrictive management and entitlements) Restrictive management to manage effectively extreme risk (1) A designated-management prisoner must be— promptly placed by the prison manager in a designated-management prisoner cell, except to the extent that the prisoner is already, or becomes,— a prisoner who is subject to an in-force direction under section 60(1)(b) (to assess or ensure mental health) and who under section 61 must instead be provided with accommodation that— has items and features prescribed by regulations made under this Act; and meets standards prescribed by regulations made under this Act; or an at-risk prisoner who under section 61B(a) must instead be placed in an at-risk cell or alternative accommodation that the prison manager considers adequate to protect the prisoner from self-harm; and otherwise restrictively managed (see sections 52C(b) and 52F) under this Act (other than sections 52A to 52M) in a way that is consistent with the prisoner’s— designation as a designated-management prisoner; and case management plan required by section 51. (2) However, subsection (1) does not apply while a designated-management prisoner is— detained in a Police jail under section 34; or detained in any prison, hospital, Police station, or other place authorised under section 35(1) or (2). Examples of restrictive management (other than required placement) (3) Examples of the management (other than the required placement) under this Act (other than sections 52A to 52M) mentioned in subsection (1) are greater possible use of the following: restrictions on being issued with, or allowed to keep, authorised property: restrictions on freedom of movement within the prison: limits on the periods for which the cell or unit in which the designated-management prisoner is placed is, or may be, unlocked: regulation and approval of visits by private visitors: monitoring, collecting, using, and disclosing prisoner communications and information sources for an intelligence purpose. Entitlements (4) A designated-management prisoner— must be provided with reasonable access to a cell-adjacent yard— for a cell in which the prisoner is placed; and if, and only if, it is a mandatory item or feature of that cell under regulations made under section 52M(3)(a); and must not have the prisoner’s opportunity to associate with other prisoners denied or restricted, except in accordance with this Act or regulations made under this Act (for example, under all or any of sections 58, 59, 60, and 61CA):; and is entitled under section 69(1)(i) to make outgoing telephone calls, as provided for in section 77(3A). (5) Subsection (4) does not limit— section 69 (minimum entitlements); or section 69A (minimum meaningful human contact). 52M Designation of designated-management prisoner cell Prison manager designation of cell that meets requirements (1) The prison manager may designate a cell as a designated-management prisoner cell. (2) The designation— must be in writing; and may be revoked at any time. Required items, features, and standards (3) A designated-management prisoner cell must— have items and features prescribed by regulations made under this Act; and meet standards prescribed by regulations made under this Act. Chief executive designation of cell that does not meet requirements (4) However, the chief executive may, despite subsections (1) to (3), designate a cell as a designated-management prisoner cell— even though the cell does not comply with subsection (3); and if satisfied that it is not reasonably practicable for the cell to comply with subsection (3). (5) The designation— must be in writing; and must specify the period to which the designation applies; and must specify any conditions on which the designation is made; and may be revoked at any time.
Before-text from the Act
New provision cl 13 — Section 54 amended (Reasons for transfer) (section 54(1)(f))
The bill says: After section 54(1)(f), insert:
to implement section 52L as required by the prisoner’s designation as a designated-management prisoner, or otherwise to give effect to, or to enable management of the prisoner consistent with, that designation:
Before-text from the Act
Replaced cl 14 — Sections 57 to 61 and cross-heading above section 57 replaced (sections 57 to 61 and the cross-heading above section 57)
The bill says: Replace sections 57 to 61 and the cross-heading above section 57 with:
57 Denial Limits on denial or restriction Limits on denial or restriction only in accordance with Act or regulations (1) The opportunity of prisoner’s a prisoner to associate with other prisoners must not be denied or restricted, except in accordance with this Act or regulations made under this Act. Directions must not be more restrictive than reasonably necessary (2) A direction given under section 58(1), 59(1)(a) or (b), 60, or 61CA must not be more restrictive than is reasonably necessary to ensure the maintenance of the law and the safety of the public, corrections staff, and persons under control or supervision. 58 Segregation for security, good order, safety, or preventing offending, radicalising, or recruiting to ideology or organised criminal group Direction (1) The prison manager may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if, in the manager’s opinion, any of the following apply: the security, or good order, of the prison would otherwise be endangered or prejudiced: the safety of another prisoner, or of another person, or of both, would otherwise be endangered: offences (other than offences against discipline) would otherwise be committed: a prisoner or another person would otherwise be radicalised, or recruited to an ideology, and that would likely result in harm to that radicalised or recruited other person, 1 or more other persons, or both: a prisoner or another person would otherwise be recruited into an organised criminal group (as defined in section 3AA). (1A) Subsection (1)(a) to (e) applies whether any outcome specified— would be brought about by the prisoner directly or indirectly (by aiding, abetting, inciting, counselling, procuring, promoting, encouraging, or facilitating another person (even if not a person under control or supervision) to bring it about): would involve endangering or prejudicing the security or safety of, committing an offence against, or radicalising or recruiting, another person who is, or is not, a person under control or supervision: would occur, in whole or in part, in or outside the prison. (1AA) In subsection (1)(d), harm to a person who is radicalised or recruited to an ideology includes, without limitation, harm caused to that person through their participation in, or involvement with, terrorism, violent extremism, or both. (1B) A direction given under subsection (1) must, under section 57(2), not be more restrictive than is reasonably necessary to ensure the maintenance of the law and the safety of the public, corrections staff, and persons under control or supervision. (2) If a direction is given under subsection (1),— the prisoner concerned must promptly be given the reasons in writing for the direction and any subsequent direction under subsection (3)(c): the chief executive must promptly be informed of the direction and the reasons for it. Variation of direction from restricting to denying association, or vice versa (2A) The prison manager may, at any time while a direction under subsection (1) is in force (and without revoking and replacing it), vary the direction in line with subsection (1) and— from one that restricts association to one that denies association; or from one that denies association to one that restricts association. (2B) A variation under subsection (2A) is part of, and must be read with, the direction concerned. (2C) If a variation is made under subsection (2A),— the prisoner concerned must promptly be given the reasons in writing for the variation; and the chief executive must promptly be informed of the variation and the reasons for it; and the variation must, if it affects a direction that continues in force because of a direction under subsection (3)(d)(ii) or (e), also be notified, with the reasons for the variation, in writing to a Visiting Justice at the time of the next review of that direction under subsection (3)(e). Revocation, expiry, and review and continuation, of direction (3) A direction under subsection (1)— must be revoked by the prison manager if there ceases to be any justification, under subsection (1), for continuing to restrict or deny the opportunity of the prisoner to associate with other prisoners: may be revoked at any time by the chief executive or a Visiting Justice: expires after 14 days unless, before it expires, the chief executive directs that it continue in force: if it continues in force because of a direction under paragraph (c), must— be reviewed by the chief executive at intervals of not more than 1 month: expire after 3 months unless a Visiting Justice directs that it continue in force: if it continues in force because of a direction under paragraph (d)(ii), must be reviewed by a Visiting Justice at intervals of not more than 3 months. Review periods (4) Review periods in subsection (3)(c), (d)(i) and (ii), and (e) are subject to section 59A (review under section 58 or 59 if replacement directions). 59 Segregation for protective custody Direction (1) The prison manager may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if— the prisoner requests that the prisoner’s opportunity to associate be restricted or denied and the manager considers, having regard to any information supplied by the prisoner or otherwise available to the manager, that it is in the best interests of the prisoner to give that direction; or the prison manager is satisfied that— the safety of the prisoner has been put at risk by another person; and there is no reasonable way to ensure the safety of the prisoner otherwise than by giving that direction. Direction must not be more restrictive than reasonably necessary (1A) A direction given under subsection (1)(a) or (b) must, under section 57(2), not be more restrictive than is reasonably necessary to ensure the maintenance of the law and the safety of the public, corrections staff, and persons under control or supervision. Direction under subsection (1)(a) ineffective unless, before or after giving of direction, prisoner concerned gives consent in writing to giving of direction (2) If a direction is given under subsection (1)(a),— the direction is ineffective unless, either before or after the giving of the direction, the prisoner concerned gives that prisoner’s consent in writing to the giving of the direction: the direction ceases to have effect if the prisoner concerned withdraws that prisoner’s consent to the giving of the direction, but the prison manager may give a further direction under subsection (1)(b) without that prisoner’s consent if subsection (1)(b) applies: the direction ceases to have effect if the prisoner concerned has not withdrawn that prisoner’s consent to the giving of the direction and it is revoked by the prison manager because the prisoner manager is satisfied that it is no longer in the best interests of that prisoner. Prisoner concerned must promptly be given reasons in writing, etc, for direction under subsection (1)(b) (3) If a direction is given under subsection (1)(b),— the prisoner concerned must promptly be given the reasons in writing for the direction, and any subsequent direction under subsection (4)(c): the chief executive must promptly be informed of the direction and the reasons for it. Variation of direction from restricting to denying association, or vice versa (3A) The prison manager may, at any time while a direction under subsection (1)(a) or (b) is in force (and without revoking and replacing it), vary the direction in line with subsection (1)(a) or (b) and— from one that restricts association to one that denies association; or from one that denies association to one that restricts association. (3B) A variation under subsection (3A) is part of, and must be read with, the direction concerned. (3C) If a variation is made under subsection (3A) to a direction given under subsection (1)(a),— the variation is ineffective unless, either before or after the giving of the direction, the prisoner concerned gives that prisoner’s consent in writing to the making of the variation: the direction ceases to have effect if the prisoner concerned withdraws that prisoner’s consent to the giving of the direction, but the prison manager may give a further direction under subsection (1)(b) without that prisoner’s consent if subsection (1)(b) applies. (3D) If a variation is made under subsection (3A) to a direction given under subsection (1)(b),— the prisoner concerned must promptly be given the reasons in writing for the variation; and the chief executive must promptly be informed of the variation and the reasons for it. Revocation, expiry, and review and continuation, of direction given under subsection (1)(b) (4) If a direction is given under subsection (1)(b), the direction— must be revoked by the prison manager if there ceases to be any justification, under subsection (1)(b), for continuing to restrict or deny the opportunity of the prisoner to associate with other prisoners: may be revoked, at any time, by the chief executive: expires after 14 days unless, before it expires, the chief executive directs that it continue in force: must, if it continues in force because of a direction under paragraph (c), be reviewed by the chief executive at intervals of not more than 3 months. Review periods (5) Review periods in subsection (4)(c) and (d) are subject to section 59A (review under section 58 or 59 if replacement directions). 59A Review under section 58 or 59 if replacement directions This section applies only if specified direction replaced in specified way (1) This section applies if the prison manager— gives a direction under section 58(1) (the replaced direction)— in respect of a prisoner; and that is revoked or expired; and gives 1 or more other directions under section 58(1) (the replacement directions) each of which— is given in respect of the prisoner; and takes effect at, or at any time in the 5 days after, the time that the replaced direction, or an earlier replacement direction, is revoked or expires; and restricts or denies association (whether the replaced direction, or an earlier replacement direction, at that time also restricted or denied association). (2) This section also applies if the prison manager— gives a direction under section 59(1)(b) (the replaced direction)— in respect of a prisoner; and that is revoked or restricted, expires; and gives 1 or more other directions under section 59(1)(b) (the replacement directions) each of which— is given in respect of the prisoner; and takes effect at, or at any time in the 5 days after, the time that the replaced direction, or an earlier replacement direction, is revoked or expires; and restricts or denies association (whether the replaced direction, or an earlier replacement direction, at that time also restricted or denied association). Reasons for latest replacement direction and notice of effect of this section (3) If this section applies, the prison manager must promptly give the prisoner concerned— the reasons in writing for the latest replacement direction (as required by section 58(2)(a) or 59(3)(a))); and a notice in writing summarising the effect of this section. Purposes for which this section applies (4) This section applies only for the purposes of calculating each of the following review periods: the 14-day period in section 58(3)(c) or 59(4)(c): the 1-month period in section 58(3)(d)(i): the 3-month period in section 58(3)(d)(ii) or (e) or 59(4)(d). Directions (whether or not continuous) taken to be single relevant period (5) For those purposes only, the replaced direction and replacement directions must (even if there are any gaps between the periods they are in force) be taken to be in force for a single relevant period that— starts when the replaced direction starts to take effect; and is the sum of, and counted including any gaps between, the periods that the replaced direction and replacement directions are in force. Directions taken to be single relevant period The replaced direction is in force 1 to 10 March (inclusive). A replacement direction is in force 15 to 18 March (inclusive). A replacement direction is in force 20 March to 5 June (inclusive). The directions must, for the purposes for which this section applies, be taken to be in force for a single relevant period that— starts at the beginning of 1 March: is 92 days long (10 days + 4 days + 78 days), excluding the gaps: is 97 days long, including the gaps (11 to 14 and 19 March): ends at the close of 5 June: is at least the 3-month review period in section 58(3)(d)(ii) or (e) or 59(4)(d). When review must start if review period ends during gap between directions (6) Subsection (7) applies if— the replaced direction and replacement directions must under this section be taken to be in force for a single relevant period; and a review period in subsection (4)(a), (b), or (c) ends during a gap between the periods that the replaced direction and replacement directions are in force. Review period ends during gap between directions The replaced direction is in force 1 to 10 March (inclusive). A replacement direction is in force 16 to 19 March (inclusive). The directions must, for the purposes for which this section applies, be taken to be in force for a single relevant period that— starts at the beginning of 1 March: is 14 days long (10 days + 4 days), excluding the gap: is 19 days long, including the gap (11 to 15 March): ends at the close of 19 March: is at least the 14-day review period in section 58(3)(c) or 59(4)(c). That 14-day review period ends during the gap (11 to 15 March). (7) The review to which the review period relates must be started and completed as soon as is reasonably practicable after the latest replacement direction is made. (8) Subsection (7) overrides any contrary provision of this Act. 60 Segregation for medical oversight Direction (if health centre manager of prison recommends one is desirable) (1) A prison manager may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if the health centre manager of the prison recommends that a direction of this kind is desirable for either or both of the following reasons: in order to assess or ensure the prisoner’s physical health, except against the risk of self-harm: in accordance order to assess or ensure the prisoner’s mental health. (1A) Before a health centre manager makes a recommendation under subsection (1) that relates to a matter outside their scope of practice, they must consult a registered health professional whose scope of practice includes that matter. Direction must not be more restrictive than reasonably necessary (1B) A direction given under this section must, under section 57(2), not be more restrictive than is reasonably necessary to ensure the maintenance of the law and the safety of the public, corrections staff, and persons under control or supervision. Prisoner concerned must promptly be given reasons in writing, etc (2) If a direction is given under this section,— the prisoner concerned must promptly be given the reasons for the direction in writing: the chief executive must promptly be informed of the direction and the reasons for it. Variation of direction from restricting to denying association, or vice versa (2A) The prison manager may, at any time while a direction under this section is in force (and without revoking and replacing it), vary the direction in line with subsection (1) if the variation made is one that the health centre manager of the prison recommends is desirable for the reasons set out in subsection (1)(a) or (b), and the variation made varies the direction— from one that restricts association to one that denies association; or from one that denies association to one that restricts association. (2B) Before a health centre manager makes a recommendation under subsection (2A) that relates to a matter outside their scope of practice, they must consult a registered health professional whose scope of practice includes that matter. (2C) A variation under subsection (2A) is part of, and must be read with, the direction concerned. (2D) If a variation is made under subsection (2A) to a direction given under this section,— the prisoner concerned must promptly be given the reasons in writing for the variation; and the chief executive must promptly be informed of the variation and the reasons for it. Revocation of direction (3) A direction under this section continues in force while the prisoner continues to be detained in the prison unless the prison manager or the chief executive revokes it. (4) The prison manager may not revoke a direction under this section unless the health centre manager advises that there has ceased to be any justification, under subsection (1), for continuing to restrict or deny the opportunity of the prisoner to associate with other prisoners. Visits by registered health professional (5) While a direction under this section is in force, the health centre manager must, unless they are satisfied that it is not necessary in the circumstances, ensure that a registered health professional visits the prisoner concerned at least once a day. (6) As part of the visit referred to in subsection (5), the registered health professional must consider and advise the health centre manager of any matters relevant to a review of the continuing justification for a direction under this section. 61 Accommodation if in-force direction under section 58, 59, or 60 (1) A prisoner who is subject to an in-force direction under section 58, 59, or 60 must be provided with accommodation that— has items and features prescribed by regulations made under this Act; and meets standards prescribed by regulations made under this Act. (1A) This section applies to a designated-management prisoner only if the prisoner is subject to an in-force direction under section 60(1)(b) (to assess or ensure mental health) (see also sections 52L(1)(a)(i) and 52M). (2) Those items, features, and standards may— differ from the items and features provided in, or the standards required to be met for, accommodation for prisoners who are not subject to a direction under section 58, 59, or 60: differ depending on whether the direction was issued under section 58, 59, or 60: differ depending on the particular reason for the issue of a direction under any of those sections.
Amended cl 15 — Section 61B amended (Initial steps that prison manager and health centre manager must take in respect of at-risk prisoner) (section 61B)
The bill says: In section 61B, after "an at-risk prisoner", insert "(whether or not the at-risk prisoner is subject to an in-force segregation direction under any of sections 58 to 60 and 61CA, is a designated-management prisoner (see section 52L(1)(a)(ii)), or is both)".
61B Initial steps that prison manager and health centre manager must take in respect of at-risk prisoner The initial steps that must be taken in respect of an at-risk prisoner (whether or not the at-risk prisoner is subject to an in-force segregation direction under any of sections 58 to 60 and 61CA, is a designated-management prisoner (see section 52L(1)(a)(ii)), or is both) are- (a) the prison manager must ensure that the prisoner is promptly placed in an at-risk cell or alternative accommodation that the prison manager considers adequate to protect the prisoner from self-harm; and (b) the prison manager must ensure that the prisoner is observed by an officer at the intervals that the prison manager specifies; and (c) the health centre manager must ensure that a registered health professional visits the prisoner at least twice per day (unless the health centre manager is satisfied that it is not necessary in the circumstances).
Replaced cl 16 — Section 61CA replaced (Prison manager may direct that at-risk prisoner’s association with other prisoners be restricted or denied) (section 61CA)
The bill says: Replace section 61CA with:
61CA Prison manager may direct that at-risk prisoner’s association with other prisoners be restricted or denied Direction (if health centre manager of prison recommends one is desirable) (1) A prison manager may direct that the opportunity of an at-risk prisoner to associate with other prisoners be restricted or denied if— (a) the health centre manager of the prison recommends that a direction of that kind is desirable to address the prisoner’s risk of self-harm; and (b) the prison manager has confirmed the prisoner’s at-risk assessment. (1A) More than 1 direction may be given under this section while an at-risk management plan is in effect for the prisoner. (1B) Before a health centre manager makes a recommendation under subsection (1) that relates to a matter outside their scope of practice, they must consult a registered health professional whose scope of practice includes that matter (see also section 61G on the manager giving advice). Direction restrictions or denial must be necessary for safety of at-risk prisoner (2) The direction may restrict or deny the at-risk prisoner’s opportunity to associate with other prisoners only to the extent that the restrictions or denial of opportunity are necessary for the safety of the at-risk prisoner. Direction must not be more restrictive than reasonably necessary (2A) A direction under this section must, under section 57(2), be no more restrictive than is reasonably necessary to ensure the maintenance of the law and the safety of the public, corrections staff, and the at-risk prisoner. At-risk prisoner to be promptly informed in writing of reasons for direction, etc (3) If the prison manager gives a direction under this section, the prison manager must ensure that— (a) the at-risk prisoner is promptly informed in writing of the reasons for the direction, and any modification variation of the direction; and (b) the chief executive is promptly informed in writing of the direction, and any modification variation of the direction, and the reasons for it. Revocation or variation of direction: general (4) The prison manager or chief executive may, at any time, revoke or modify vary a direction under this section. (5) However, the prison manager may not— (a) revoke a restriction on, or the denial of, the opportunity of the at-risk prisoner to associate with other prisoners under this section unless the health centre manager advises that there has ceased to be any justification, under subsections (1) and (2), for the restriction or denial of opportunity; or (b) modify vary a restriction unless the prison manager has taken into account the advice of the health centre manager. (6) More than 1 direction may be given under this section while an at-risk management plan is in effect for the prisoner. (7) If the direction is not earlier revoked under subsection (4), a prison manager must revoke a direction under this section when an at-risk management plan for the prisoner ends under section 61F(2). Variation of direction from restricting to denying association, or vice versa (7A) The prison manager may, at any time while a direction under this section is in force (and without revoking and replacing it), vary the direction under subsections (4) and (5)(b) in line with subsections (1) and (2), if the variation made is one that the health centre manager of the prison recommends is desirable to address the at-risk prisoner’s risk of self-harm, and the variation made varies the direction— from one that restricts association to one that denies association; or from one that denies association to one that restricts association. (7B) The direction as varied under subsection (7A) must, under section 57(2), be no more restrictive than is reasonably necessary to ensure the maintenance of the law and the safety of the public, corrections staff, and the at-risk prisoner. (7C) Before a health centre manager makes a recommendation under subsection (7A) that relates to a matter outside their scope of practice, they must consult a registered health professional whose scope of practice includes that matter (see also section 61G on the manager giving advice). (7D) A variation under subsection (7A) (and subsections (4) and (5)(b)) is part of, and must be read with, the direction concerned. (7E) If a variation is made under subsection (7A) to a direction given under this section, the prison manager must (as required by subsection (3)(a) and (b)) ensure that— the at-risk prisoner is promptly given the reasons in writing for the variation; and the chief executive is promptly be informed in writing of the variation and the reasons for it. (7F) Subsections (7A) to (7E) do not limit the generality of the power of variation in subsection (4). Visits by registered health professional (8) While a direction under this section is in force, the health centre manager must, unless the health centre manager is satisfied that it is not necessary in the circumstances, ensure that a registered health professional visits the prisoner concerned at least once a day. (9) As part of the visit referred to in subsection (8), the registered health professional must consider and advise the health centre manager— (a) of any matters relevant to the continuing justification for a direction under this section; and (b) whether the prisoner’s at-risk assessment should be reviewed.
Amended cl 17 — Section 69 amended (Minimum entitlements) (section 69(1)(i))
The bill says: In section 69(1)(i), after "section 77(3)", insert "or (3A)".
69 Minimum entitlements (1) Every prisoner has the following minimum entitlements: (a) physical exercise, as provided for in section 70: (b) a bed and bedding, as provided for in section 71: (c) food and drink, as provided for in section 72: (d) access to private visitors, as provided for in section 73: (e) access to statutory visitors and specified visitors: (f) access to legal advisers, as provided for in section 74: (g) to receive medical treatment, as provided for in section 75: (h) to send and receive mail, as provided for in section 76: (i) to make outgoing telephone calls, as provided for in section 77(3): 77(3) or (3A): (j) to exercise any right conferred on prisoners by regulations made under this Act to communicate using any specified device or medium of communication: (k) access to information and education, as provided for in section 78. (2) A prisoner may be denied, for a period of time that is reasonable in the circumstances, 1 or more of the minimum entitlements set out in subsection (1) if- (a) there is an emergency in the prison; or (b) the security of the prison is threatened; or (c) the health or safety of any person is threatened. (3) A prisoner detained in a Police jail may be denied 1 or more of the minimum entitlements set out in subsection (1) (other than the entitlements referred to in subsection (1)(b), (c), (f), and (g), and the entitlement under subsection (1)(e) of access to statutory visitors) if, in the opinion of the prison manager or other person in charge, it is not practicable to provide those entitlements, having regard to the facilities available at the Police jail and the resources available. (4) A prisoner- (aa) may be denied, for not more than 2 consecutive days at a time, the minimum entitlement referred to in subsection (1)(a) if- (i) the prisoner has been temporarily released from custody or temporarily removed from prison under section 62 or removed for judicial purposes under section 65; and (ii) in the opinion of the prison manager, it is not practicable to provide the entitlement during the times the prisoner is in the prison: (a) may be denied the minimum entitlements referred to in subsection (1)(d), (i), (j), and (k) if the prisoner is undergoing a penalty of cell confinement imposed under subpart 5 of Part 2: (b) may be denied the minimum entitlement referred to in subsection (1)(k) if a direction under section 58 or 59 is in force and the prison manager considers that the prisoner is likely to damage prison property. (5) The minimum entitlements conferred by subsection (1) are not privileges referred to in section 43(3)(a)(i), section 133(3)(a), or section 137(3)(a). (6) Subsections (2), (3), and (4) override sections 70 to 78. Compare: SR 2000/81 r 42
New provision cl 17 — Section 69 amended (Minimum entitlements) (section 69(4)(aa))
The bill says: Before section 69(4)(aa), insert:
may be denied, for not more than 2 consecutive days at a time, the minimum entitlement referred to in subsection (1)(a) if, after having taken all reasonable steps to provide the entitlement, the prison manager believes on reasonable grounds that any of the following circumstances apply, and have the effect that, in the opinion of the prison manager, it is not reasonably practicable to provide the entitlement: there exists a current and real risk to prison security, the health or safety of any person, or both (for example, because of the carrying out of reasonable and lawful searches anywhere in the prison); or the prisoner is being transferred between prisons: may be denied, for a period of time that is reasonable in the circumstances, the minimum entitlement referred to in subsection (1)(a) if, in the opinion of the prison manager, it is not reasonably practicable to provide the entitlement because the prison manager believes on reasonable grounds that the prisoner is awaiting, or is being provided with, medical, or other health-related, assessment or treatment (for example, dental assessment or treatment) at the health centre or at another location in or outside the prison:
Before-text from the Act
Amended cl 17 — Section 69 amended (Minimum entitlements) (section 69(4)(aa)(i))
The bill says: In section 69(4)(aa)(i), after "temporarily removed from prison under section 62", insert "(other than to obtain medical, or other health-related, assessment or treatment)".
69 Minimum entitlements (1) Every prisoner has the following minimum entitlements: (a) physical exercise, as provided for in section 70: (b) a bed and bedding, as provided for in section 71: (c) food and drink, as provided for in section 72: (d) access to private visitors, as provided for in section 73: (e) access to statutory visitors and specified visitors: (f) access to legal advisers, as provided for in section 74: (g) to receive medical treatment, as provided for in section 75: (h) to send and receive mail, as provided for in section 76: (i) to make outgoing telephone calls, as provided for in section 77(3): (j) to exercise any right conferred on prisoners by regulations made under this Act to communicate using any specified device or medium of communication: (k) access to information and education, as provided for in section 78. (2) A prisoner may be denied, for a period of time that is reasonable in the circumstances, 1 or more of the minimum entitlements set out in subsection (1) if- (a) there is an emergency in the prison; or (b) the security of the prison is threatened; or (c) the health or safety of any person is threatened. (3) A prisoner detained in a Police jail may be denied 1 or more of the minimum entitlements set out in subsection (1) (other than the entitlements referred to in subsection (1)(b), (c), (f), and (g), and the entitlement under subsection (1)(e) of access to statutory visitors) if, in the opinion of the prison manager or other person in charge, it is not practicable to provide those entitlements, having regard to the facilities available at the Police jail and the resources available. (4) A prisoner- (aa) may be denied, for not more than 2 consecutive days at a time, the minimum entitlement referred to in subsection (1)(a) if- (i) the prisoner has been temporarily released from custody or temporarily removed from prison under section 62 (other than to obtain medical, or other health-related, assessment or treatment) or removed for judicial purposes under section 65; and (ii) in the opinion of the prison manager, it is not practicable to provide the entitlement during the times the prisoner is in the prison: (a) may be denied the minimum entitlements referred to in subsection (1)(d), (i), (j), and (k) if the prisoner is undergoing a penalty of cell confinement imposed under subpart 5 of Part 2: (b) may be denied the minimum entitlement referred to in subsection (1)(k) if a direction under section 58 or 59 is in force and the prison manager considers that the prisoner is likely to damage prison property. (5) The minimum entitlements conferred by subsection (1) are not privileges referred to in section 43(3)(a)(i), section 133(3)(a), or section 137(3)(a). (6) Subsections (2), (3), and (4) override sections 70 to 78. Compare: SR 2000/81 r 42
New provision cl 17 — Section 69 amended (Minimum entitlements) (section 69(4))
The bill says: After section 69(4), insert:
(4A) A denial under subsection (2)(a) or (b) or (4)(aaa), (aab), or (aa) of a prisoner’s entitlement under subsection (1)(a) must be— approved in advance by the prison manager, or by the prison manager’s delegate, unless it is not reasonably practicable to do so (for example, because of unplanned prison or unit search operations, or unplanned medical appointments); and recorded clearly by the prison manager, or by the prison manager’s delegate, in order to facilitate national monitoring and analysis by the department of every denial of any of those kinds. (4B) A denial under subsection (2)(a) or (b) or (4)(aaa), (aab), or (aa) of a prisoner’s entitlement under subsection (1)(a), and that it is impracticable for the prison manager, or the prison manager’s delegate, to approve in advance under subsection (4A)(a), must be— approved or discontinued by them as soon as is reasonably practicable; and recorded clearly by them, along with a record of the reasons why it was not reasonably practicable for them to approve it in advance, in order to facilitate national monitoring and analysis by the department of every denial of any of those kinds.
Before-text from the Act
New provision cl 17 — Section 69 amended (Minimum entitlements) (section 69(6))
The bill says: After section 69(6), insert:
(7) This section does not limit section 69A (minimum meaningful human contact).
Before-text from the Act
New provision cl 18 — New section 69A inserted (Minimum meaningful human contact) (section 69)
The bill says: After section 69, insert:
69A Minimum meaningful human contact What section does (1) This section sets out a rule for prohibiting prolonged solitary confinement, and also sets out other entitlements to minimum meaningful human contact. Rule prohibiting prolonged solitary confinement (1A) A prisoner must not be subjected to prolonged solitary confinement. (1B) For the purposes of subsection (1A),— prolonged solitary confinement means solitary confinement for a time period in excess of 15 consecutive days solitary confinement means the confinement of a prisoner for 22 hours or more a day without the opportunity to receive meaningful human contact. Other entitlements to minimum meaningful human contact (2) A prisoner must be given the opportunity to receive at least 10 hours of meaningful human contact in each 14-day a time period of 14 consecutive days. (2A) A prisoner must be given the opportunity to receive at least 2 hours of meaningful human contact in a time period of 7 consecutive days. Duty to take into account that at least 14 hours of contact each week desirable (3) In managing a prisoner, the department (for example, the prison manager and a staff member of a prison) must take into account that, while not an entitlement, it is still desirable that the prisoner be given the opportunity to receive at least 14 hours of meaningful human contact in each week. Meaningful human contact (4) In this Act, meaningful human contact, for a prisoner, means contact by the prisoner with 1 or more other individuals (whether other prisoners, visitors, officers, or others) that— enables the prisoner’s social interaction and stimulation by enabling the prisoner to engage with (for example, talk with) the 1 or more other individuals: is more than fleetingor incidental to contact for other purposes, whether or not the contact occurs in the course of another activity (for example, during delivery of food or medication): is offered under subsection (5) and is any of the following: face-to-face contact, for example,— via an audiovisual link; or in person via a physical barrier (for example, a physical barrier that is, or includes, glass or mesh); or in person and not via a physical barrier: contact by telephone call. made by any telephone facility provided for the use of prisoners under section 77(1) or (2) and (8)(a) (and so excluding any audiovisual link referred to in section 77(8)(b)). Determining what kind of contact is offered under this section to prisoner (5) In deciding, for the purposes of subsection (4)(c), what kind of contact is offered under this section, relevant factors are— the availability of reasonably suitable spaces and facilities: that meaningful human contact can occur in the cell, or self-care unit, in which the prisoner is placed: that it is desirable for the prisoner to have a mix of contact of all of the different kinds specified in subsection (4)(c)(i) and (ii): in particular, that it is desirable for the prisoner not to have contact only by telephone call (as specified in subsection (4)(c)(ii)): that it is desirable for the prisoner to be asked how the prisoner would prefer to have meaningful human contact, and for any preferences the prisoner expresses in response to be taken into account: all or any circumstances specified in subsection (6)(a) to (d): any other factors that do or may affect that decision. (5A) In deciding, for the purposes of subsection (4)(c), what kind of contact is offered under this section,— the prisoner must, if practicable, be asked if they have any preferences relating to what kind of contact is offered under this section; and the prisoner’s preferences (if any) must be taken into account alongside operational, safety, security, and resource considerations. (5B) If the prisoner’s opportunity to associate with other prisoners has been denied or restricted in accordance with section 58, 60, or 61CA for a period of more than 14 consecutive days, then the prison manager must record how the prisoner’s entitlements under this section will be facilitated. Exceptions (6) A prisoner may be denied, for a period of time that is reasonable in the circumstances, the minimum contact under subsection (1A), (2), or (2A) if— there is an emergency in the prison; or the security of the prison is threatened; or the health centre manager of the prison concerned considers that the health of the prisoner is threatened; or the safety of the prisoner or of any other person is threatened. Relationship with minimum entitlements (7) This section does not limit section 69 (minimum entitlements).
Before-text from the Act
New provision cl 18A — Section 70 amended (Exercise) (section 70(2))
The bill says: After section 70(2), insert:
(3) The prisoner takes the physical exercise referred to in subsection (1) in the open air for the purposes of subsection (2) even if the prisoner takes that physical exercise in an area (for example, in a yard) that— has security features (for example, solid walls, bars, or mesh); and may, but need not, have overhead features (for example, all or any of overhead bars, overhead mesh, and roofing features (for example, partial roofing)).
Before-text from the Act
New provision cl 18A — Section 70 amended (Exercise) (section 70(3))
The bill says: After section 70(3), insert:
(3A) The physical exercise referred to in subsections (1) to (3) is sufficiently provided to a prisoner (other than a designated-management prisoner, or any other prisoner, to whom subsection (4) applies) if that physical exercise is provided to that prisoner— in a single-prisoner yard; or in an exercise yard that is larger than a single-prisoner yard. (4) The physical exercise referred to in subsections (1) to (3) is sufficiently provided to a designated-management prisoner, or to any other prisoner, who has been provided with exercise in a single-prisoner yard for 15 or more consecutive days (whether or not that designated management prisoner’s, or other prisoner’s, opportunity to associate with other prisoners has been denied or restricted in accordance with this Act or regulations made under this Act for all or any of those 15 or more consecutive days) if— that physical exercise is provided to that prisoner in a single-prisoner yard; and the condition in subsection (5) is also complied with, unless that condition does not apply under subsection (6). (5) The condition mentioned in subsection (4)(b) is that the prisoner also receives regular opportunities to take that physical exercise in an exercise yard that is larger than a single-prisoner yard. (6) For the purposes of subsection (4)(b), the condition mentioned in subsection (5) does not apply if the prison manager is satisfied that— the opportunity to use an exercise yard that is larger than a single-prisoner yard for that physical exercise is likely to affect negatively the health or safety of the prisoner, any other person, or both; or the prisoner is, for all or any of the 15 or more consecutive days mentioned in subsection (4), segregated under section 60, or 61CA, or both; or the prisoner must be separated from other prisoners in order to comply with a penalty imposed on the prisoner for an offence against discipline; or all of paragraphs (a) to (c) apply, or a combination of any of them applies. (7) The prison manager, or the prison manager’s delegate, must record clearly when they rely on an exception in subsection (6)(a) to (d) (and therefore, under subsection (4)(b), do not comply with the condition in subsection (5)), in order to facilitate national monitoring and analysis by the department of reliance on the exceptions in subsection (6)(a) to (d). (8) A single-prisoner yard, in this section, means a yard that— is designed for use only by a single prisoner; and may, but need not, be adjacent to the cell in which the prisoner is held or placed.
Before-text from the Act
Replaced cl 19 — Section 77 amended (Outgoing telephone calls) (section 77(3))
The bill says: Replace section 77(3) with:
77 Outgoing telephone calls (1) The chief executive must ensure that every corrections prison has telephone facilities for prisoners to make outgoing telephone calls. (2) The Commissioner of Police must ensure that every Police jail has telephone facilities for prisoners to make outgoing telephone calls. (3) Every prisoner who is not a designated-management prisoner is entitled to make per week at least 1 outgoing telephone call of up to 5 minutes’ whose duration per week. (4) The entitlement in subsection (3) is in addition to any telephone call made to— (a) an official agency; or (b) the prisoner’s legal adviser. (4A) The entitlement in subsection (3) is overridden by directions given under section 168A (no-contact conditions if family violence offence defendant remanded in custody) of the Criminal Procedure Act 2011. (5) The chief executive (in the case of a corrections prison) or the Commissioner of Police (in the case of a Police jail) may impose conditions on, and maintain records of, the use of telephone facilities by prisoners. (5A) In deciding what conditions (if any) to impose, the chief executive or the Commissioner of Police must take into account the interests of victims (including, in particular, being free from unwanted contact with prisoners). at least 5 minutes. (6) (3A) Every prisoner who makes an outgoing telephone call may be required to— (a) meet the cost of the call; or (b) pay a fee set by the chief executive. (7) Despite subsection (6), is a designated-management prisoner is not required entitled to meet the cost of an make per week at least 1 or more outgoing telephone call calls whose duration (as the 1 call, or to pay a fee if this Act, as the 2 or any regulations made under this Act, provides otherwise. Compare: SR 2000/81 r 107 more calls combined) is at least 2 hours.
New provision cl 19 — Section 77 amended (Outgoing telephone calls) (section 77(7))
The bill says: After section 77(7), insert:
(8) In this section, a telephone facility— means any telephone system, or audio link, that under subsection (1) or (2) every corrections prison, or Police jail, must have for prisoners to make telephone calls; but includes any audiovisual link, whether inside or outside a prison, that a particular prisoner is permitted to use by a person under whose control or supervision the particular prisoner is.
Before-text from the Act
Amended cl 20 — Section 102 amended (Reporting of unauthorised items discovered, certain searches, and placement in dry cells) (section 102(2))
The bill says: In section 102(2), replace "section 98(3)(a)" with "section 98D(1)"
102 Reporting of unauthorised items discovered, certain searches, and placement in dry cells (1) If any unauthorised item is discovered by any officer or staff member, whether as a consequence of a search under any of sections 98 to 101 or otherwise, the officer or staff member must, promptly after the discovery, report the details of the discovery to the prison manager concerned or to the supervisor of the security officer who discovered the item, as the case requires. (2) Every officer who conducts a strip search of any person in the circumstances described in section 98(3)(a) 98D(1) (whether or not the approval of a prison manager is required to undertake that search) or a search under section 98(9), section 99(5), or section 100 must, promptly after the search,- (a) if the officer is not a security officer, report the details of the search to the prison manager concerned: (b) if the officer is a security officer, report the details of the search to the supervisor of the security officer. (3) If any prisoner is placed in a cell or other facility designed to prevent the concealment or disposal of unauthorised items,- (a) the manager of the prison in which the cell or facility is must ensure that a record of the details of that placement, and whether any unauthorised item is discovered as a result, is made and kept: (b) any officer or staff member who discovers an unauthorised item following that placement must report the details of the discovery to the prison manager. (4) Every report under subsection (2) must contain- (a) the reasons for the search; and (b) the details of any unauthorised item discovered as a result of the search. (5) Every person to whom a report is made under subsection (1), subsection (2), or subsection (3)(b) must ensure that a record of that report is made and kept.
Amended cl 20 — Section 102 amended (Reporting of unauthorised items discovered, certain searches, and placement in dry cells) (section 102(2))
The bill says: In section 102(2), replace "section 98(9)" with "section 98F".
102 Reporting of unauthorised items discovered, certain searches, and placement in dry cells (1) If any unauthorised item is discovered by any officer or staff member, whether as a consequence of a search under any of sections 98 to 101 or otherwise, the officer or staff member must, promptly after the discovery, report the details of the discovery to the prison manager concerned or to the supervisor of the security officer who discovered the item, as the case requires. (2) Every officer who conducts a strip search of any person in the circumstances described in section 98(3)(a) (whether or not the approval of a prison manager is required to undertake that search) or a search under section 98(9), 98F, section 99(5), or section 100 must, promptly after the search,- (a) if the officer is not a security officer, report the details of the search to the prison manager concerned: (b) if the officer is a security officer, report the details of the search to the supervisor of the security officer. (3) If any prisoner is placed in a cell or other facility designed to prevent the concealment or disposal of unauthorised items,- (a) the manager of the prison in which the cell or facility is must ensure that a record of the details of that placement, and whether any unauthorised item is discovered as a result, is made and kept: (b) any officer or staff member who discovers an unauthorised item following that placement must report the details of the discovery to the prison manager. (4) Every report under subsection (2) must contain- (a) the reasons for the search; and (b) the details of any unauthorised item discovered as a result of the search. (5) Every person to whom a report is made under subsection (1), subsection (2), or subsection (3)(b) must ensure that a record of that report is made and kept.
Amended cl 21 — Section 171 amended (Reporting responsibilities) (section 171(2)(e))
The bill says: In section 171(2)(e), replace "sections 98 and 101" with "sections 98 to 98F and 101".
171 Reporting responsibilities (1) If there is any variation of the controlling interests in a security contractor, that security contractor must promptly give notice of that variation to the chief executive and to the security monitor appointed in respect of that security contractor under section 172(1). (2) A security contractor must, at those intervals (not exceeding 3 months) that are determined by the chief executive, arrange for written reports on the following matters to be forwarded to the chief executive and to the security monitor appointed in respect of that security contractor under section 172(1): (a) the training provided to security officers employed by the security contractor (including the amount and quality of that training), and the level of training achieved by those security officers: (b) the number and nature of complaints made by persons in relation to the carrying out, by security officers employed by that security contractor, of escort duties or courtroom custodial duties in respect of those persons, and how those complaints were resolved: (c) the number and nature of any incidents involving- (i) violence by or against prisoners while in the custody of security officers employed by that security contractor: (ii) violence against security officers employed by that security contractor while carrying out escort duties or courtroom custodial duties: (iii) self-inflicted injuries to prisoners while in the custody of security officers employed by that security contractor: (d) the compliance, by security officers employed by that security contractor, with the requirements of sections 83, 84, 85, 87, and 88: (e) the exercise, by security officers employed by that security contractor, of the powers conferred by sections 98 to 98F and 101 in order to perform the functions of security officers: (f) the number and nature of any disciplinary actions taken against security officers employed by that security contractor, and the reasons for, and the outcomes of, those actions, including any penalties imposed: (g) any other matters in respect of which the chief executive reasonably considers that information is necessary to enable the chief executive to carry out his or her responsibilities under this Act or under any other enactment. (3) A security contractor must arrange for a written report on an occurrence of any of the following to be prepared and forwarded to the chief executive and to the security monitor appointed in respect of that security contractor under section 172(1) promptly after it occurs: (a) any escape or attempted escape by any prisoner while that prisoner was in the custody of any security officer employed by that security contractor: (b) the death of any prisoner while in the custody of any security officer employed by that security contractor. (4) Nothing in subsections (1) to (3) limits any other duty to report that is imposed by or under any security contract or by or under any other provision of this Act or any other enactment. Compare: 1954 No 51 s 36ZC
Replaced cl 22 — Section 201 amended (Regulations relating to good management of corrections system) (section 201(c))
The bill says: Replace section 201(c) with:
201 Regulations relating to good management of corrections system Regulations made under section 200(1)(a) may include (without limitation) provisions— (a) regulating the admission of prisoners to prisons and their discharge from prisons: (b) regulating the visiting of prisoners including (without limitation)— (i) requiring members of the public or any specified class of persons to obtain approval from the chief executive before visiting prisoners: (ii) providing for the restriction or prohibition of any visiting by any specified class of person or persons (for example, unaccompanied children aged under 16 years), by the chief executive or a prison manager: (c) regulating the opening of bank accounts (that is, trust accounts required by section 46) into which prisoners’ money intended for a particular prisoner may be deposited, regulating the operation of those trust accounts (including deposits into them and withdrawals or other payments), payments from them), and regulating the closing of those trust accounts: (d) ensuring the discipline of prisoners, including (without limitation) regulating the granting and loss of privileges, regulating the laying of complaints relating to offences against discipline, and prescribing the procedures for the hearing of those complaints: (e) prescribing procedures to be used for the purposes of dealing with complaints: (f) providing for the inspection of prisons, community work centres, probation offices, and other places where offenders are undertaking work or training. Compare: 1954 No 51 s 45(1)
New provision cl 23 — New section 201A inserted (Regulations regulating operation of prisoner trust accounts may authorise prison manager to refuse to approve deposit, or to prevent withdrawal, if satisfied that prescribed grounds apply to transaction) (section 201)
The bill says: After section 201, insert:
201A Regulations regulating operation of prisoner trust accounts may authorise prison manager to refuse to approve deposit, or to prevent withdrawal, if satisfied that prescribed grounds apply to transaction Regulations to which this section applies (1) This section applies to regulations— made under sections 200(1)(a) and 201(c); and regulating the operation of trust accounts required by section 46. Regulations may authorise prison manager to refuse to approve deposit, or to prevent withdrawal, if satisfied that prescribed grounds apply to transaction (2) The regulations may regulate the operation of those trust accounts by authorising the prison a manager of a prison (which may, but need not, be the manager of the prison in which the prisoner is detained)— to refuse to approve a deposit into a trust account in respect of a particular prisoner if— the regulations require the a prison manager’s approval for the transaction; and the a prison manager is satisfied that grounds prescribed in the regulations apply to the transaction: to prevent a withdrawal from a trust account in respect of a particular prisoner if— a prison manager is satisfied that grounds prescribed in the regulations apply to the transaction. the withdrawal is in respect of a prisoner and with the prisoner’s approval (not because money has been wrongly credited to the account, or is withdrawn in accordance with requirements in, or in regulations made under, this Act); and the prison manager is satisfied that grounds prescribed in the regulations apply to the transaction. Regulations may also regulate operation in any other way, or other ways (3) Subsection (2) does not limit the generality of the power under sections 200(1)(a) and 201(c) for the regulations to regulate in any other way or ways the operation of trust accounts required by section 46.
Before-text from the Act
Shown as written cl 24 — Schedule 1AA amended (Schedule 1AA)
The bill says: In Schedule 1AA, insert the Part set out in Schedule 1 of this Act as the last Part
We haven’t applied this one as a diff: this instruction restructures a schedule (tables, forms or lists), which we can't yet apply mechanically — the change is shown as written.
Corrections Regulations 2005 · 15 resolved, 6 unresolved
Repealed cl 27 — Regulation 41 amended (Trust accounts in respect of prisoners) (regulation 41(2))
The bill says: Revoke regulation 41(2).
41 Trust accounts in respect of prisoners (1) The chief executive must ensure that accurate and up-to-date records of each trust account are maintained on paper or in electronic or other similar form that show— (a) the amount of money deposited into the trust account, the date on which that money was deposited, the name of the prisoner concerned, and the name of the person who deposited that money; and (b) the amount of money withdrawn from the trust account, the date on which that money was withdrawn, the name of the prisoner concerned, and the name of the person who withdrew that money. (2) The manager of a prison must ensure that the amount of money held for a particular prisoner within any trust account does not exceed the maximum amount (if any) permitted to be held for a particular prisoner in the trust account by a rule, unless— (a) an amount of money greater than that amount is required by the Act or another enactment to be held on behalf of a prisoner in that account; or (b) the manager is satisfied that there are special circumstances justifying the holding of a greater amount in that account on behalf of a prisoner. (3) A prisoner may request a statement in respect of the money held exclusively for him or her in the trust account, and the manager of a prison must ensure the statement is produced within 1 week of that request. Compare: SR 2000/81 r 125
Replaced cl 28 — Regulation 42 replaced (Trust account deposits and withdrawals) (regulation 42)
The bill says: Replace regulation 42 with:
42 Trust account deposits and withdrawals (1) Subject to regulation 43(1), no No money may be deposited into a trust account in respect of a particular prisoner detained in a prison unless the manager of the prison a manager of a prison (which may, but need not, be the prison in which the prisoner is detained) gives written approval for the deposit. (2) No money Subclause (1) is subject to regulation 43(1) (which requires earnings paid to a prisoner under section 66(3) of the Act to be deposited into the trust account). (3) The A prison manager may refuse to approve a deposit into a trust account in respect of a particular prisoner if the a prison manager is satisfied that all or any of the following prescribed grounds apply to the transaction: the transaction is likely to adversely affect all or any of the following: the security, good order, or discipline of the prison: the safety or welfare of any prisoner: public safety, including the safety or welfare of any individual: the maintenance of the law: the transaction is likely to constitute an offence: the transaction is inconsistent with any requirements imposed by rules made under section 46A of the Act. 42A Trust account withdrawals (1) Money may be withdrawn from the trust account unless— only if a manager of a prison (which may, but need not, be the prison in which the prisoner is detained) is satisfied that— (a) it has been wrongly credited to the account; or (b) it is withdrawn in respect of a prisoner with the prisoner’s written approval; or (c) it is withdrawn under in accordance with regulation 43(2) or section 46(3) or section 68 of the Act. Compare: SR 2000/81 r 126 (2) However, the a prison manager may prevent a withdrawal (in respect of a prisoner with the prisoner’s approval) under subclause (1)(b) if the a prison manager is satisfied that all or any of the following prescribed grounds apply to the transaction: the transaction is likely to adversely affect all or any of the following: the security, good order, or discipline of the prison: the safety or welfare of any prisoner: public safety, including the safety or welfare of any individual: the maintenance of the law: the transaction is likely to constitute an offence: the transaction is inconsistent with any requirements imposed by rules made under section 46A of the Act.
New provision cl 29 — Regulation 43A amended (Principles of risk assessment for remand prisoners) (regulation 43A(1) (as set out in regulation 25 of the Corrections Amendment Regulations 2025))
The bill says: Before regulation 43A(1) (as set out in regulation 25 of the Corrections Amendment Regulations 2025), insert:
Lowest risk category for remand prisoner’s safe and secure management
Before-text from the Act
Shown as written cl 29 — Regulation 43A amended (Principles of risk assessment for remand prisoners) (regulation 43A(2) (as set out in regulation 25 of the Corrections Amendment Regulations 2025))
The bill says: Replace regulation 43A(2) (as set out in regulation 25 of the Corrections Amendment Regulations 2025) with:
We haven’t applied this one as a diff: provision 43A isn't in our archived copy of the Corrections Regulations 2005 (archived 30 Sep 2025) — it may have been inserted since the archive was taken, or it may live in a schedule.
The new text the bill supplies:
Remand prisoner placement and management consistent with risk category
(2) A requirement in subclause (3) applies—
to a remand prisoner who has been assigned a risk category; and
only to the extent that complying with it is practicable (having regard to the availability of accommodation and other resources); and
only while the remand prisoner is not, and so is not subject to placement and other restrictive management as, a designated-management prisoner.
(3) The placement and management of the remand prisoner must be informed by (that is, decided after considering all relevant considerations, including, without limitation) the remand prisoner’s risk category.
New provision cl 29A — Regulation 43B amended (Duty to carry out risk assessment of remand prisoner) (regulation 43B(1) (as set out in regulation 25 of the Corrections Amendment Regulations 2025))
The bill says: After regulation 43B(1) (as set out in regulation 25 of the Corrections Amendment Regulations 2025), insert:
(1A) However, subclause (1) applies to a remand prisoner who has been remanded in custody in any corrections prison for a continuous period of 14 days only while the prisoner is not, and so is not subject to placement and other restrictive management as, a designated-management prisoner.
Before-text from the Act
Shown as written cl 30 — Regulation 43F amended (Duty to review risk category) (regulation 43F (as set out in regulation 25 of the Corrections Amendment Regulations 2025))
The bill says: In regulation 43F (as set out in regulation 25 of the Corrections Amendment Regulations 2025), after "The risk category assigned to a remand prisoner", insert "other than a remand prisoner who is a designated-management prisoner".
We haven’t applied this one as a diff: provision 43F isn't in our archived copy of the Corrections Regulations 2005 (archived 30 Sep 2025) — it may have been inserted since the archive was taken, or it may live in a schedule.
The new text the bill supplies:
other than a remand prisoner who is a designated-management prisoner
Shown as written cl 30 — Regulation 43F amended (Duty to review risk category) (regulation 46F43F (as set out in regulation 25 of the Corrections Amendment Regulations 2025))
The bill says: In regulation 46F43F (as set out in regulation 25 of the Corrections Amendment Regulations 2025), insert as subclauses (2) and (3):
We haven’t applied this one as a diff: provision 46F43F isn't in our archived copy of the Corrections Regulations 2005 (archived 30 Sep 2025) — it may have been inserted since the archive was taken, or it may live in a schedule.
The new text the bill supplies:
(2) For the purposes of subclause (1)(a) and (b)(ii), a significant change in the remand prisoner’s circumstances that could impact the risk category assigned to them occurs if the interim or final designation of the remand prisoner as a designated-management prisoner expires or is revoked.
(3) Subclause (2) does not limit the generality of subclause (1)(a) and (b)(ii).
New provision cl 31 — Regulation 44 amended (Principles of security classification) (regulation 44(1))
The bill says: Before regulation 44(1), insert:
Classification at lowest level for prisoner’s safe and secure management
Before-text from the Act
Replaced cl 31 — Regulation 44 amended (Principles of security classification) (regulation 44(2))
The bill says: Replace regulation 44(2) with:
44 Principles of security classification (1) A prisoner should be assigned the lowest level of security classification at which the prisoner can safely Prisoner placement and securely be managed given the assessment of the level of risk posed by a prisoner. management consistent with classification (2) A requirement in subclause (3) applies— to a prisoner who has been assigned a security classification must be placed and managed within a facility classification; and regime that is consistent with his or her security classification, only to the extent that complying with it is practicable (having regard to the availability of accommodation and other resources). resources); and only while the prisoner is not, and so is not subject to placement and other restrictive management as, a designated-management prisoner. (3) The prisoner must be placed and managed in a way that is consistent with the prisoner’s security classification.
New provision cl 32 — New Part 5B inserted (regulation 52N)
The bill says: After regulation 52N, insert:
52O Mandatory items, features, and standards for designated-management prisoner cells (1) Cells used to accommodate designated-management prisoners must have the items and features specified in Part AA of Schedule 2. (2) The prison manager must ensure that the items and features specified in Part AA of Schedule 2 that are provided for use in, or form part of, a cell to which this regulation applies are maintained in good working order.
Before-text from the Act
Shown as written cl 33 — Part 6 heading amended
The bill says: In the Part 6 heading, after "Segregation of prisoners", insert ", at-risk cells, and at-risk prisoners".
We haven’t applied this one as a diff: we couldn't identify which provision this instruction points at — the change is shown as written.
The new text the bill supplies:
, at-risk cells, and at-risk prisoners
Amended cl 34 — Regulation 53 amended (Application) (heading to regulation 53)
The bill says: In the heading to regulation 53, replace "Application" with "Part applies to authorise segregation only under segregation direction".
53 Application Part applies to authorise segregation only under segregation direction Nothing in this Part authorises the denial or restriction of a prisoner's opportunity to associate with other prisoners except under a segregation direction made under any of sections 58 to 60 of the Act.
Amended cl 34 — Regulation 53 amended (Application) (regulation 53)
The bill says: In regulation 53, replace "made under any of sections 58 to 60 of the Act" with "(as defined in regulation 3)".
53 Application Nothing in this Part authorises the denial or restriction of a prisoner's opportunity to associate with other prisoners except under a segregation direction made under any of sections 58 to 60 of the Act. (as defined in regulation 3).
Amended cl 35 — Regulation 57 amended (Mandatory items, features, and standards for segregation accommodation and at-risk cells) (regulation 57(1))
The bill says: In regulation 57(1), after "Cells", insert "(other than at-risk cells)".
57 Mandatory items, features, and standards for segregation accommodation and at-risk cells (1) Cells (other than at-risk cells) used to accommodate prisoners subject to a segregation direction must have the items and features specified in Part A of Schedule 2. (2) At-risk cells must have the items and features specified in Part A of Schedule 2, other than a bed. (3) The prison manager must ensure that the items and features specified in Part A of Schedule 2 that are provided for use in, or form part of, a cell to which this regulation applies are maintained in good working order.
Amended cl 35 — Regulation 57 amended (Mandatory items, features, and standards for segregation accommodation and at-risk cells) (regulation 57(2))
The bill says: In regulation 57(2), after "At-risk cells", insert "(whether or not they are used to accommodate prisoners subject to a segregation direction, designated-management prisoners, or both)".
57 Mandatory items, features, and standards for segregation accommodation and at-risk cells (1) Cells used to accommodate prisoners subject to a segregation direction must have the items and features specified in Part A of Schedule 2. (2) At-risk cells (whether or not they are used to accommodate prisoners subject to a segregation direction, designated-management prisoners, or both) must have the items and features specified in Part A of Schedule 2, other than a bed. (3) The prison manager must ensure that the items and features specified in Part A of Schedule 2 that are provided for use in, or form part of, a cell to which this regulation applies are maintained in good working order.
Amended cl 35 — Regulation 57 amended (Mandatory items, features, and standards for segregation accommodation and at-risk cells) (regulation 57(3))
The bill says: In regulation 57(3), replace "this regulation" with "subclause (1) or (2)".
57 Mandatory items, features, and standards for segregation accommodation and at-risk cells (1) Cells used to accommodate prisoners subject to a segregation direction must have the items and features specified in Part A of Schedule 2. (2) At-risk cells must have the items and features specified in Part A of Schedule 2, other than a bed. (3) The prison manager must ensure that the items and features specified in Part A of Schedule 2 that are provided for use in, or form part of, a cell to which this regulation subclause (1) or (2) applies are maintained in good working order.
Replaced cl 36 — Regulation 65AAA replaced (regulation 65AAA)
The bill says: Replace regulation 65AAA with:
65AAA Case management plans for certain prisoners Application (1) This regulation applies to every prisoner who is— (a) sentenced to imprisonment for a term of more than 2 months; or (b) in custody on remand for a continuous period of more than 2 months on remand. months. Requirements: every prisoner (2) The case management plan devised for the prisoner under section 51 of the Act must— (a) be tailored to the individual prisoner and include an assessment of the needs, capacities, and disposition of the prisoner; and (b) make provision for the safe, secure, and humane treatment of the prisoner; and (c) outline how the prisoner can make constructive use of their time in the prison (including, in the case of a person sentenced to imprisonment, ways of addressing offending behaviour and preventing reoffending); and (d) outline how the prisoner may may, if appropriate, be prepared for eventual release from the prison and successful reintegration into the community; and (e) be consistent with the resources available to the chief executive to manage the prisoner. Additional requirements: every designated-management prisoner (2A) The case management plan for every designated-management prisoner must also reflect how that prisoner is provided (if it is appropriate, and to the extent that it is reasonable and practicable, in the circumstances) with— opportunities for that prisoner’s rehabilitation: constructive activities: planning for the reintegration of that prisoner into the community. Review (3) The case management plan must be reviewed whenever there is a significant change in the prisoner’s circumstances. (4) In subclause (3), a significant change in the prisoner’s circumstances includes, without limitation, when the interim or final designation of the prisoner as a designated-management prisoner expires or is revoked. 65AAB Designated-management prisoners: opportunities to reduce restrictive management The prison manager must be able to demonstrate whether, and if so, how, opportunities are provided to a designated-management prisoner to reduce the level of restrictive management to which that prisoner is subject.
Replaced cl 37 — Regulation 67 amended (Facilities for cells and self-care units) (regulation 67(6))
The bill says: Replace regulation 67(6) with:
67 Facilities for cells and self-care units (1) All new cells and new self-care units must contain the items specified in Part A of Schedule 3. (2) All existing cells and existing self-care units— (a) must contain the items specified in Part B of Schedule 3; and (b) must, so far as is practicable in the circumstances, contain the items specified in Part C of Schedule 3. (3) Despite subclauses (1) and (2), the chief executive may approve the use in a prison of cells or self-care units that do not comply with subclause (1) or subclause (2), as the case may be, if the chief executive is satisfied that it is not practicable in the circumstances to avoid using those cells or self-care units to accommodate prisoners in the prison. (4) An approval under subclause (3)— (a) applies only in respect of those cells or self-care units specified in the approval; and (b) remains in force for the period specified in the approval by the chief executive; and (c) is subject to any conditions imposed by the chief executive. (5) The manager must ensure that all items specified in Schedule 3 that are provided for use in a cell or self-care unit in the prison are maintained in good working order. (6) This regulation does not apply to to— cells used for segregation directions and to accommodate prisoners subject to a segregation direction: transit cells. cells: Compare: SR 2000/81 r 52 at-risk cells.
New provision cl 38 — Regulation 183 amended (Prison to contact nominated person) (regulation 183(1)(a))
The bill says: After regulation 183(1)(a), insert:
a designated-management prisoner; or an at-risk prisoner; or
Before-text from the Act
Shown as written cl 38 — Regulation 183 amended (Prison to contact nominated person) (regulation 183(3)(a) and (b))
The bill says: In regulation 183(3)(a) and (b), after "the prisoner's segregation", insert ", designation as a designated-management prisoner, placement in an at-risk cell (see section 61B(a) of the Act),".
We haven’t applied this one as a diff: the quoted text appears 2 times in the provision and the instruction points at one place — no diff is shown rather than guessing which occurrence.
The new text the bill supplies:
, designation as a designated-management prisoner, placement in an at-risk cell (see section 61B(a) of the Act),
Shown as written cl 39 — Schedule 1AA amended (Schedule 1AA)
The bill says: In Schedule 1AA, insert the Part set out in Schedule 3 of this Act as the last Part
We haven’t applied this one as a diff: this instruction restructures a schedule (tables, forms or lists), which we can't yet apply mechanically — the change is shown as written.

In-place amendments are anchor-verified: the instruction’s own quoted text must occur in the archived provision, which proves the archive is current enough for that operation. Whole-provision replacements show the provision as archived on the date given — later amendments by other Acts, if any, would not appear. Rows marked AI-read had unusually-phrased instructions translated into a standard operation by a model; the translation is checked word-for-word against the instruction, and the change is still applied and verified mechanically. Full methodology →

Source record — the urgency motion as published
15 September 2026 — scope: the remaining stages of the (All remaining stages) 
A motion to accord urgency to the following business was agreed to:
- the remaining stages of the:
  - India Free Trade Agreement Legislation Amendment Bill;
  - Local Government (System Improvements) Amendment Bill;
  - Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill; and
  - Summary Offences (Move-on Orders) Amendment Bill
- the first reading, and referral to select committee of the:
  - References to Tiriti o Waitangi/Treaty of Waitangi (Repeals) Amendment Bill;
  - References to Tiriti o Waitangi/Treaty of Waitangi (Strength of Legislative Obligations) Amendment Bill; and
  - References to Tiriti o Waitangi/Treaty of Waitangi (Standardisation) Amendment Bill
- the second reading and committee stage of the Agricultural Compounds and Veterinary Medicines Amendment Bill;
- the remaining stages of the Public Works Amendment Bill;
- the committee stage of the Pae Ora (Healthy Futures) (3 Day Postnatal Stay) Amendment Bill;
- the remaining stages of the:
  - Building (Earthquake-prone Buildings) Amendment Bill;
  - Policing Amendment Bill;
  - Corrections (Management of Prisoners, and Prisoners’ Property) Amendment Bill;
  - Immigration (Enhanced Risk Management) Amendment Bill;
  - Land Transport (Revenue) Amendment Bill;
  - Financial Markets Conduct Amendment Bill; and
  - Commerce (Promoting Competition and Other Matters) Amendment Bill.
Source: Daily progress in the House → · Hansard for this sitting day →