Appendix 3: Main legislative and international requirements

NZ legislation
The Department operates in accordance with the Corrections Act 2004 and Corrections Regulations 2005. The Sentencing Act 2002 and the Parole Act 2002 and their associated regulations also have particular relevance to the operations of the Department.

The Department of Corrections must operate in accordance with the purposes and principles of the Corrections Act 2004. Under the Act, the Department must:

• make public safety paramount when managing offenders
   
• administer all sentences in a safe, secure, humane and effective manner
   
• operate facilities in accordance with New Zealand legislation and based on other agreements (such as the United Nations Standard Minimum Rules for the Treatment of Prisoners)
   
• ensure that offenders are treated fairly by providing them with information about the rules, obligations, and entitlements that affect them, and ensuring that decisions made about them are fair and reasonable and that they have access to an effective complaints procedure.

Key provisions of the Corrections Act 2004 include:

• Setting up statutory roles and responsibilities, including those of the Minister
   
• Establishment and operation of community work centres and prisons, including detention in custody
   
• Security classification systems;
   
• Requiring the Department to assess prisoners devise individual management plans and provide programmes, within resources available, for their rehabilitation and reintegration into society;
   
• Transfer of Prisoners;
   
• Segregation (denial or restriction of association)
   
• Temporary release and removal
   
• Work and earnings
   
• Prisoners’ minimum entitlements based on the United Nations Standard Minimum Rules for the Treatment of Prisoners – including living conditions, exercise, diet and visiting;
   
• Coercive powers including the use of force and restraints;
   
• Searching;
   
• Opening of mail and withholding correspondence, and monitoring of telephone calls;
   
• Alcohol and drug testing, and the requirement to produce a Drug Strategy;
   
• Offences against discipline and other offences;
   
• Complaints, investigations and inspections;
   
• Escort services and courtroom custodial services;
   
• Disclosure of information, including between the Department and the Police, including information on released, highest-risk offenders and the Immigration Service;
   
• Public management of prisons; and
   
• Regulation making powers

The Corrections Regulations 2005 comprise 14 parts and 8 schedules. The main areas covered are:

• administration of the corrections system
• movement of prisoners
• property and prisoner finances
• security classification of prisoners
• segregation of prisoners
• prisoner treatment and welfare (including health care)
• visits to prisons
• use of force, non-lethal weapons and mechanical restraints
• drug and alcohol testing
• discipline and order
• complaints
• special categories of prisoners
• prisoner placement.

Other core business legislation
Armed Forces Discipline Act 1971
Bail Act 2000
Child Support Act 1991
Children, Young Persons and Their Families Act 1989
Coroners Act 2006
Crimes of Torture Act 1989
Criminal Investigations (Bodily Samples) Act 1995
Criminal Justice Act 1985
Criminal Procedure (Mentally Impaired Persons Act) 2003
Immigration Act 1987
Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
Mental Health (Compulsory Assessment and Treatment) Act 1992
Victims’ Rights Act 2002
Public Sector Legislation
Public Finance Act 1989
State sector Act 1988
Ombudsmen Act 1975
Official Information Act 1982
Privacy Act 1993
New Zealand Bill of Rights Act 1990

Other relevant legislation
Misuse of Drugs Act 1975
Protected Disclosures Act 2000
Health Act 1956 and Health (Infectious and Notifiable Diseases) Regulations 1966
Employment related legislation e.g. Employment Relations Act 2000
Resource Management Act 1991
Building Act 2004

Key International Obligations
United Nations Standard Minimum Rules for the Treatment of Prisoners (1955) specifies basic standards for faculties and management of prisoners.
United Nations Optional Protocol to the Convention Against Torture (2002) (OPCAT). Ratified by NZ in 2007; it establishes an international inspection system for places of detention.
International Labour Organisation (ILO) Convention 29 on Forced Labour (1930), ratified by New Zealand in 1938. This is the main international convention on the employment of prisoners and offenders serving some community-based sentences.
United Nations Convention on the Rights of the Child 1989 (UNCROC), ratified by New Zealand in 1993. Includes principles concerning the detention of children, defined as those 17 years and younger.
United Nations Covenant on Civil and Political Rights 1966, ratified by New Zealand in 1978. Provides standards concerning procedures for lawful detention.