B.09.01 Visitors

Statutory Visitors

A statutory visitor is;
1. an outside agency – (Inspector, Ombudsman or Visiting Justice);
2. a Security Monitor;
3. the Minister;
4. the Chief Executive;
5. an MP exercising his / her right under section 161 of the Act;
6. a Justice exercising his / her right under section 162 of the Act;
7. the Commanding Officer of a service prisoner;
8. a service authority nominated by the Commanding Officer of a service prisoner;
9. an Investigating Officer;
10. a consular representative;
11. a member of the Human Rights Commission.
Statutory visitors may visit a prison and have access to a prisoner(s) or staff at any time as long as the visit is consistent with the visitor’s statutory duties.
On entering the prison statutory visitors may be asked to provide identification to appropriate staff, and will be asked if they have any item in their possession that might be unauthorised. The normal provisions relating to the inspection and seizure of such items will apply.
Visits or interviews between prisoners and statutory visitors will be held in an area that allows the visit to be supervised, but is out of hearing of any other person, unless the prisoner or the visitor asks for a staff member to be present.
Statutory visitors must not receive any money, gratuity, reward, gift or benefit of any kind from, or on behalf of, a prisoner and must not trade with a prisoner.
Statutory visitors must not enter into any arrangement with a prisoner that gives or is intended to give any kind of benefit to any person, unless the giving of the benefit is a lawful exercise of the visitor’s statutory duties.
Inspectors of Corrections must have access at all times to all parts of the prison, all prisoners, staff members and non statutory visitors in the prison, and all records stored in the prison relating to the prison, prisoners or former prisoners, and staff.
The Ombudsman will notify the prison intention of visiting, detailing date, time and names of prisoners requesting an interview.
1. The prison will book (or ensure) a Personal Duress Alarm (PDA) or a radio fitted with a PDA is available for the Ombudsman's use during the visit.
  Note: Prison staff must ensure basic instructions on use of PDA / Radio alarm is provided.
2. Any known risks concerning the prisoners being visited must be relayed to the Ombudsman and contingencies agreed to (e.g. staff attendance outside the interview room) before the interview takes place.
  In situations with prisoners with histories of assaulting staff, consideration should be given to a non-contact booth visit in consultation with the visiting Ombudsman.
3. For Rolleston and Tongariro, only rooms with hard wired duress alarms are to be used for Ombudsman interviews unless it is agreed that a non-contact booth will be used.
Section 161 of the Corrections Act 2004 provides for Members of Parliament to enter a prison at any time to examine the prison and the condition of the prisoners.
In dealing with Members of Parliament you will, first and foremost, have regard to the Chief Executive’s legal obligation under Section 56 (3) of the State Sector Act 1988, as reiterated in the Department of Corrections Code of Conduct 1997, to ensure that all employees maintain proper standards of integrity, conduct and concern for the public interest. In particular, you should:
- fulfil your lawful obligations to Government with professionalism and integrity.
- ensure that any actions or statements you make are consistent with the Public Service’s obligations to service the Government of the day in a politically neutral way.
- accommodate positive interaction by:
  - being professional, helpful and courteous;
  - providing information where appropriate and where you are able to;
  - acting promptly to process any enquires and within your competence; and
  - maintaining the neutrality required of you as a public servant.
- respond to questions on day-to-day operational practice as you are able to and refer any questions relating to operational policy or that you are unsure about to your manager to answer.
In general, you must be careful that you do not:
- talk about advice given to the Minister;
- criticise (or offer alternatives to) a proposed or existing Government policy or department programme;
- express personal views; and
- make a personal attack on the Minister, colleague or other public sector agencies.
Staff are expected to demonstrate commitment to the vision, values and goals of the Department, when providing services to support Members of Parliament visits to prisons, or when dealing with the media, or members of the public.
Agents of Members of Parliament are not entitled to enter prisons without permission of the Regional / General Manager, but are to be accorded the same status as other Statutory Visitors.
Access to prison property and prisoners by Members of Parliament is to be accommodated strictly in accordance with the provisions of s161 of the Corrections Act 2004 and these protocols.
Members of Parliament and their agents must be accompanied at all times while on prison premises by the Regional Prison Manager or another manager designated by the Regional / General Manager. However, any interview between a Member of Parliament and a prisoner must be held out of hearing of any other person unless the Member of Parliament or the prisoner asks for a staff member to be present.
On reviewing a request or notice to visit from a Member of Parliament or their agent, Prison Managers are to immediately contact the Communications Unit for any pre-visit briefing matters that may need to be addressed. A post visit report is to be sent to the Communications Unit.
Media participation with prison visits by Members of Parliament or their agents may only be permitted with the approval of the National Office Manager Communications.
“Off the Record” information or opinion is not to be offered to Members of Parliament or their agents visiting prisons.

Specified Visitors

A specified visitor is:
1. A person or group approved by the Chief Executive (or his / her delegate) to visit one or more prisons;
2. A person (other than a staff member) approved by the Prison Manager of a prison to visit the prison to;
  - provide spiritual or religious instruction or guidance to prisoners;
  - address the cultural or other specific needs of a prisoner;
  - mediate in a dispute involving prisoners;
  - assist a prisoner with preparation for a disciplinary hearing; or
  - assist with the preparation or resolution of a complaint by a prisoner.
Specified visitors (individual or group) may visit a prison and have access to prisoners and staff members at any time, if the visit is consistent with the approved purpose of the visit and the conditions of the approval.
Approvals to visit must be in writing from the Chief Executive (or his / her delegate) or Prison Manager and state the name of the visitor(s).
All Prison Manager approvals must state the purpose or purposes of the visit(s).
All approvals must state any conditions imposed on that approval, and the duration of that approval.
The Chief Executive (or his/her delegate) or the Prison Manager, whichever of the two issued the approval, may suspend, vary or add any conditions, or revoke the approval.
Specified visitors must be notified in writing of any suspension or variation of conditions, or any additional conditions, or revocation of the approval by the Chief Executive (or his / her delegate) or Prison Manager, whichever of the two is taking the action.
On entering the prison specified visitors may be required to provide identification to staff, and will be asked if they have any item in their possession that might be unauthorised. The normal provisions relating to the inspection and seizure of such items will apply.
1. The Prison Manager may authorise a person who visits a prison to provide spiritual or religious instruction or guidance to prisoners to bring into a prison wine or other alcohol for the purpose of administering to the Eucharist, Holy Communion, Mass or Communion, to prisoners attending as part of the religious service.
2. The wine used for the purpose of administering the Eucharist, Holy Communion, Mass, or Communion, or other religious ritual as part of the religious service must not be stored within the Prison, it must be either
  1. removed at the end of the religious service; or
  2. disposed of on site (e.g. contents of wine receptacle poured into drain).
Visits or interviews between prisoners and specified visitors will be held in an area that allows the visit to be supervised but is out of hearing of any other person, unless the prisoner or the visitor asks for a staff member to be present.
Written permission is required before a specified visitor can trade with a prisoner, or enter into any arrangement that gives, or is intended to give, any person any kind of benefit.
Specified visitors must not receive any money, gratuities, rewards, gifts or benefits of any kind from, or on behalf of, a prisoner unless it is:
- money from another person to buy a prisoner a gift or an item of permitted property asked for by the prisoner or the other person;
  or
- a gift or benefit other than money that the visitor has written permission from the Prison Manager to receive.
An Enforcement Officer is a member of the Police or an officer or employee of the Public Service or a Local Authority who is acting in the course of his / her official duties. This does not include an officer of a prison.
An Enforcement Officer may enter the prison to interview a prisoner at any time agreed by the Prison Manager.
Prior to being taken to the visits area, the prisoner should be informed that an Enforcement Officer wishes to interview them. The Corrections Officer should advise the prisoner that they do not have to consent to the interview and that they have the right to end the interview at any time. The prisoner should also be advised if the interview relates to a matter that could lead to a charge, that declining consent to the interview or ending the interview does not prevent a possible decision of the Enforcement Officer to charge the prisoner.
If they consent, the prisoner should then be taken to the interview area to see the Enforcement Officer. The Enforcement Officer will then explain the purpose of the interview at any time.
The Corrections Officer must be present at the beginning of the interview, and if requested to do so by the prisoner or Enforcement Officer, must remain in sight during the interview. Regardless of whether they remain in sight, the Corrections Officer must be in a position where the prisoner or Enforcement Officer can contact them if they need to do so.
If at any stage the Enforcement Officer believes there is sufficient evidence to charge the prisoner with an offence, the Enforcement Officer will advise the prisoner of their bill of rights under the Bill of Rights Act. This advice of rights does not affect the prisoner’s right to end the interview at any time.
If the prisoner chooses to end the interview, the interview must be terminated and the prisoner must be removed from the interview area. The Enforcement Officer may, in practice, complete giving the prisoner advice of their rights as the prisoner is being prepared to be returned to where they came from.

Kaiwhakamana

Kaiwhakamana (kaumātua who have access to prisons to enable the wellness and well-being of their people) are specified visitors, and include kaumātua, kuia, tohunga, spiritual leaders and others, as approved through the National System.

For specific information on Kaiwhakamana policy and process refer to PPM Section B.09.01.01.

Kaitiaki

The key responsibilities of Kaitiaki are to teach, mentor, monitor, evaluate and provide advice on the application of tikanga values for the prisoners at approved Prisons and to assist with the reintegration of offenders back into the community.

For specific information on Kaitiaki policy and process refer to PPM Section B.09.01.02.

Fautua Pasefika not employees of Department

The key responsibilities of Fautua Pasefika are to:

address the cultural or other specific needs of a prisoner;
provide spiritual or religious guidance or instruction to a prisoner;
and / or advocate on behalf of Pacific communities to Department staff and the Minister of Corrections on best practice and cultural issues that will attend to the well-being of prisoners.

For specific information on Fautua Pasefika policy and process refer to PPM Section B.09.01.03.

Legal Adviser

A legal adviser is a person holding a current practising certificate under the Law Practitioners Act 1982 who represents a particular prisoner, or member of the Armed Forces representing a service prisoner at court martial or other proceedings.

The legal adviser of a prisoner may enter the prison at any time agreed to by the Prison Manager, if the purpose of the visit is to discuss the prisoner’s legal affairs. If the Prison Manager does not agree with a particular time a legal adviser wishes to visit he / she must nominate an alternative time.
To preserve confidentiality visits between legal advisors and prisoners must be held out of the hearing of any one else. Visits may also be held out of sight of any other person if both parties agree, and if there is a suitable facility for the meeting available. (The requirement for these visits to be held out of hearing of any one else is not intended to automatically exclude any person(s), for example a Social Worker, Chaplain, parent etc a prisoner might elect to have with him / her, or any legal assistant / clerk a lawyer might wish to have present.)

Private Visitors

A private visitor is a visitor to a prisoner or prisoners who is not a statutory visitor, a specified visitor, the legal adviser of the prisoner being visited, or an Enforcement Officer acting in the course of his or her official duties.

Visits to a prisoner by a private visitor are to maintain the family / whānau, and social relationships of the prisoner in order to promote the prisoner’s reintegration into the community on release.
To assist the effective management of visits prisons establish a pre-approved visitor system and / or schedule visits.
When visiting prisoner(s) private visitors will not enter any areas of the prison except the approved route to and from the visiting area, the visiting area itself, and the designated toilet facilities attached to the visiting area.
Private visitors aged 16 years and over are required to undergo an approval process before they are permitted to visit a prisoner or prisoners in a prison.

Private Visitors under the age of 16 Years

Private visitors under the age of 16 years must be accompanied by a parent, guardian or other adult aged 16 years or over, who has been approved through the prison visitor approval process.
On occasion, a private visitor under the age of 16 years may enter a prison unaccompanied, with the approval of the Prison Manager,
- if the Prison Manager is satisfied that there is good reason for the child to visit the prisoner unaccompanied
- and that it would be in the best interests of the child to be allowed to visit the prisoner (regulation 106 (1)).
Relevant factors that could be considered by the Prison Manager in deciding whether he / she is satisfied as to both the above matters include:
1. the nature of the relationship between the prisoner and the person under the age of 16 years;
2. attempts made by the person under the age of 16 years to locate a suitable adult to accompany them;
3. whether there is any reason to believe that a visit would put the person under the age of 16 years at risk or harm.
Each prison must ensure it has arrangements in place with approved adults who are specified visitors, and who are willing and available to accompany private visitors under the age of 16 years who do not have a parent, guardian or other adult to accompany them into the prison.

Previous Next Show Contents

| | | | | | | | | | | | | | | |