No filming, photography or interviewing is allowed on Department property without authorisation, coordinated through the Corrections Communications Unit.

It is unlikely the Department would authorise such activities for any purpose other than news or current affairs coverage. However, requests for filming or photography for other purposes, such as a television drama, will be considered on an individual basis.

It is likely that a filming or photography proposal would have to have some underlying purpose other than just entertainment. Approval for such requests would generally only be given if the request was a good communication opportunity for the Department

The Department's guidelines relate to its own property and facilities. The Department has no power to stop the news media from filming, videotaping or taking photographs in, or from, a public place.

Filming, photographing or interviewing prisoners

Making a request

A written application to film, photograph or interview a prisoner should be made to the Communications Manager, Department of Corrections, Private Bag 1206, Wellington, or by e-mailing your request to commdesk@corrections.govt.nz.

Make sure you provide full details of:

• the nature and purpose of your request,
• how the information or images you gather will be used,
• who you want to speak to,
• the focus of your questions,
• the date and time when you want to have access to the prison/prisoner, and
• who will be coming to the prison on the day.

Please note: if a request to film/photograph/interivew is granted, a criminal conviction check will need to be done against the name of anyone involved before they are able to enter prison property. The Ministry of Justice will undertake the check on the Department’s behalf. The Department reserves the right to exclude anyone from entering the prison, regardless of the results of the criminal conviction check.

Allow several working days, from the time the Department of Corrections receives the form, for the checking process to be completed.

• Complete this form (pdf: 2.02MB) . Phone or email the Corrections Communications Unit if you cannot download the form and one will be faxed or posted to you.
• Attach a clear reproduction of your driver’s licence or your passport. A photocopy is acceptable, provided the details - particularly the signature - are clearly legible. If you don’t have a diver’s licence or passport, complete section 4 of the form (Proof of identity).
• Post the completed form to:

Manager Communications
Department of Corrections
PO Box 1206
Wellington

Or fax it to 04 460 3208 .

Considering requests

The Department receives many requests to interview prisoners or film on site at a prison and each request is considered on an individual basis.

It’s the Department’s policy to facilitate media access to offenders when the resulting exposure will provide a positive focus on rehabilitation or reintegrative programmes for offenders.

Any proposal is considered, along with the particular circumstances of the prisoner or prisoners, and other factors including:

• level of focus on rehabilitation and reintegration
• impact on the prisoner’s case management
• privacy of other prisoners
• possible impact on victims
• whether the media proposal could result in the prisoner gaining notoriety at the expense of others
• safety of the media inside the prison
• the need to redeploy staff to supervise the media while they are inside the prison
• if the media representatives have previously shown good faith in their dealings with the Department and not compromised the purpose of this policy.

In the event the request is approved, the proposal will be discussed with the relevant prisoner/s and written consent will be sought for the interview to take place. This happens whether or not the proposed interview is going to make the prisoner identifiable. Without the consent, the interview/filming/photography will not take place.

Regulations

It is an offence under section 141(1) of the Corrections Act 2004 to either hold any communication with a prisoner or photograph a prisoner without the express authority of the Prison Manager.

Further, any unauthorised contact with a prisoner breaches the Corrections Regulations 2005. Regulations 108 and 109 specifically relate to media access to prisoners.

Essentially Regulation 108 states:

• No person may interview, record, film or photograph a prisoner for the purpose of obtaining information and publishing or broadcasting it, unless that person obtains the prior written approval of both the Chief Executive and the prisoner.

Essentially Regulation 109 states:

• In giving approval the Chief Executive must have regard to the need to protect the interests of people other than the prisoner concerned and must have regard to the need to maintain the security and order of the institution.
• The Chief Executive must not give approval unless satisfied that the prisoner understands the nature and purpose of the interview, filming, photography or film or photograph; and the possible consequences for the prisoner and any other person.

The prisoner will be given the opportunity to discuss the media proposal with his or her unit manager and family and friends before making a decision.

Prisoner privacy

Commenting on individuals

The Department does not usually provide comment about individual offenders.

While we understand that this can be frustrating for media, this policy is based on legal advice. For example, the resulting publicity may subsequently be judged to have prejudiced an individual’s sentencing or appeal, so Corrections is cautious.

However, in most circumstances we will be able to provide comment on general practice for a given situation, e.g. describing the procedure for new prisoners on arrival in prison, rather than on how a specific person is being managed at a specific prison.

At the prison

Unless written consent is first obtained, no prisoner is to be identified in any way. Prisoners whose privacy is breached have the statutory right to take legal action against the media by raising the issue with a Visiting Justice, the Ombudsman or the Privacy Commissioner.

Unless otherwise agreed by the prisoner, any prisoner who agrees to be interviewed will be doing so on the basis that his/her full name, face (frontal photographs) and any other distinguishing marks, for example tattoos, will not be used.

Department of Corrections staff who do not wish to be identified must not be identified.

Specific security measures at the institution must not be identified in any way. These will be discussed with you at the prison, but note that no attempt should be made to photograph or film keys, security cameras, security systems, locks or computer systems.

Please be aware that all people entering New Zealand prisons are liable to be searched for possession of drugs and other prohibited items. Such searches occur on a random basis. You are free to decline to be searched, but this may result in entry to the prison being declined.

Please note that you will be required to present photo ID (e.g. driver’s licence, passport) on arrival at the prison, and that visitors are not permitted to bring transmitting devices, such as pagers and cellphones, inside prison facilities; such equipment must be left at the prison’s reception or in your vehicle. Except for the permitted recording equipment, other items (e.g. handbags) must also be left either at reception or in your vehicle.

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