B.12 Prison Entry Searching (National Policy)

Services must also meet the requirements of all other relevant legislation, regulations, relevant Department of Corrections' polices, and such other instructions as may be issued by the Chief Executive from time to time.

Policy Standards

• Prison entry searches are legally and correctly performed to ensure unauthorised items do not enter the prison. All persons entering prisons are managed through the search process with respect and sensitivity. Prison check-points are managed in a way that ensures the safety of staff, visitors and others. Any unauthorised items found are managed in a way that protects their integrity as an exhibit.

Performance Standards

1. Searching procedures comply with legislative requirements.
2. Searches are carried out in a manner that is both lawful and reasonable.
3. Searches are carried out for the purpose of detecting unauthorised items and are not to be performed for any other reason. (Except that a vehicle search may be conducted for the purpose of detecting a prisoner attempting to escape.)
4. Searches are conducted with decency and sensitivity and in a manner which affords to the person being searched the greatest degree of privacy and dignity consistent with the purpose of the search.
5. Searches are carried out and documented in accordance with search reporting requirements.
6. The timing and frequency of searches is in accordance with local requirements.
7. Private visitors and staff are advised of the requirements of carrying prescribed medication when entering a prison (Regulation 102).
8. Staff are competent to carry out searches and handle exhibits (see B.12.03 Exhibits Management).
9. Exhibits are handled and managed in a way that protects their integrity and maintains a reliable chain of evidence.
10. Any handlers and their dogs used for the detection of unauthorised items in prisons are trained and certified as operational by the New Zealand Police Dog Training Centre (see B.12.02.R4 Dog Search).
11. Prison Check-Point operations are only carried out on prison property.
12. Appropriate facilities (building, tent or vehicle) are available to detain, search and interview persons.
13. All vehicles entering a Prison Check-Point are managed in a way that ensures the safety of visitors, staff and other road users.
14. Notices are prominently displayed at the reception area or at each reception area advising persons entering prisons of the likelihood of them being searched.
15. Persons who are detained for searching (section 95) or who are arrested (section 149) or who are detained pending investigation by the police under the Misuse of Drugs Act 1975 (section 103) are treated in accordance with law and held in humane and secure conditions while in the prison e.g. Manager’s office, PCP caravan etc.
16. Any person being searched is advised of their rights, the authority for the search, and the possibility of arrest following the search.
17. Ensure each person that is searched is greeted and treated with respect.

Note: Agencies such as the Police, Ambulance, Fire Service and PECCS attending an emergency at a prison or delivering prisoners must not be searched under this policy. However, if these agencies are entering the prison for routine duties e.g. interviewing a prisoner, they may be subject to the searching requirements of this policy.

The Power to Search (s101)

Vehicle Searches

1. Any vehicle brought into a prison may, while that vehicle is in the prison, be searched by any officer at any time for the purposes of detecting any unauthorised item or any prisoner attempting to escape.

Scanner Searches

1. Any person wishing to enter a prison may, before being admitted, be required to undergo a scanner search for the purpose of detecting any unauthorised item.
2. Any person who refuses to submit to a scanner search before being admitted to a prison must be refused entry to the prison.
3. Any person who has been admitted to a prison may, at any time while that person is in the prison, be required to undergo a scanner search for the purpose of detecting any unauthorised item.
4. If the person refuses to submit to a scanner search while that person is in the prison, they may be required to leave the prison, or reasonable force may be used to carry out the search.

X-Ray Searches of Property

1. Any person wishing to enter the facility before being admitted;
   1. May be required to undergo an x-ray search of any item(s) they wish to take into the facility for the purpose of detecting any unauthorised item.
2. Any person who refuses to submit to an x-ray search of their item(s) before being admitted to the facility will be refused entry.
3. Any person who has been admitted to the facility, at any time while that person is in the facility;
   1. May be required to undergo an x-ray search of any item(s) for the purpose of detecting any unauthorised item.
4. If a person admitted to the facility refuses to submit to an x-ray search of their item(s);
   1. Staff can use any force that is reasonable in the circumstances for the purposes of breaking open any item.
5. X-ray searches will be carried out in accordance with Scanner Searches.

Rub-Down Searches

1. If an officer has reasonable grounds to suspect that a person who wishes to enter a prison, or who is in a prison, has an unauthorised item in his/her possession the officer may, with the person’s consent, conduct a rub-down search of the person.
2. Any person who refuses to submit to a rub-down search before being admitted to a prison must be refused entry to the prison.
3. Any person who refuses to consent to a rub-down search while that person is in a prison may be required to leave the prison, or if there is reasonable cause to suspect, may, with the approval of the Prison Manager or other manager authorised for the purpose, be required to undergo a rub-down search and reasonable force may be used to carry out the search.

Consent to search persons under the age of 16 years

1. Persons under the age of 16 years may be required to undergo a scanner or rub-down search for the purpose of detecting any unauthorised item if consent is given from an accompanying parent or guardian or other adult who is an approved prison visitor;
   1. or if consent is given by a specified visitor who is accompanying the person under 16 years pursuant to regulation 106(2);
   2. or if consent is given by the Prison Manager who has approved an unaccompanied visit by a person under 16 years pursuant to regulation 106 (1).
2. If consent to carry out a scanner or rub-down search on a person under the age of 16 years is not given prior to the person being admitted to a prison, entry to the prison must be refused for the person under 16 years of age.
3. If consent to carry out a scanner or rub-down search on a person under the age of 16 years is not given while the person is in the prison, and there is reasonable cause to suspect the person under the age of 16 years has an unauthorised item in his / her possession, the Prison Manager or other manager authorised for that purpose must be notified.
4. Reasonable force may be used to carry out a search on a person under the age of 16 years only if approved by the Prison Manager or authorised manager, and should only be used as a last resort after the following options have been considered:
   1. Visitor(s) will be asked to hand over any unauthorised items they may have in his / her possession;
   2. Prison visit is terminated and visitor(s) are escorted from the prison;
   3. A prohibition order is issued to the visitor(s) concerned;
   4. Non-contact visit may be arranged.
   5. Visitor(s) are detained in accordance with s95 of the Corrections Act 2004.

Note: If consent to conduct a rub-down search on a person under the age of 16 years is given by an accompanying parent, guardian, other adult who is an approved prison visitor, specified visitor or the Prison Manager, form B.12.02.F1 – Informed Consent to a Rub-Down Search must be filled in by the person consenting to the search.

Unauthorised Items

1. Any article that could, while in the possession of any prisoner, be harmful to that prisoner or any other person.
2. Any drug, alcohol, or other intoxicating substance.
3. Any thing or substance that could be used to tamper with any sample that a prisoner is required to supply in accordance with a prescribed procedure under section 124.
4. Any electronic communication device.
5. Any thing that could be used for the purpose of facilitating the escape from lawful custody of any person.
6. In relation to any person, any thing that may not be lawfully retained in that person’s possession.
7. Any article or thing that is in the possession of any person in contravention or intended contravention of section 128, 129(a), 141, 143 or 144 of the Corrections Act 2004.
8. Any offensive weapon within the meaning of section 202A of the Crimes Act 1961.
9. Any disabling substance within the meaning of section 202A of the Crimes Act 1961.
10. Any article or thing declared to be an unauthorised item by regulations under the Corrections Act 2004.

Prescribed medicine

In accordance with regulation 111(1)(f) prescribed medicine constitutes a drug, which is an unauthorised item under s3(1) of the Corrections Act 2004. As such any visitor to a prison or any person who is not a staff member of that prison must report any prescribed medicine in his/her possession. [A staff member of the prison who is required to carry prescribed medication during their shift must inform their manager].

Private Visitors carrying prescribed medicine (reg 102)

A private visitor who is permitted to carry prescribed medicine must be advised of the following requirements when first approved as a visitor (B.09.02 Visitor Approval Procedure) and when entering a prison:

• Medication must be carried in its original container;
• Only the quantity of medicine required whilst he/she is in the prison may be brought into the prison;
• The visitor may be required to provide proof of his/her medical need, and that he or she requires access to the prescribed medication whilst in prison.

Corrections staff carrying prescription medicine during their shift

During the searching process, staff that have to carry prescription medicine during their shifts may be identified.

• Staff bag searches must be conducted by a staff member of the same gender as the person carrying the bag.

The staff member may be required to provide proof of his/her medical need, and that he/she requires access to the prescribed medication whilst in prison.

• For options of how staff can provide proof contact a Human Resources Advisor.

Persons subject to Prison Entry Searching (Other than prisoners)

The Prison Entry Searching policy applies to the following groups of people:

Department of Corrections staff (this includes PS, CPPS, CIE, Department of Corrections National Office managers and staff, and NZPB Support Services staff.)

Private visitors (visitors to prisoners other than those listed below).

Statutory visitors, including:

1. An outside agency (Inspector, Ombudsman, or Visiting Justice).
2. A Security Monitor.
3. A Monitor.
4. The Minister of Corrections.
5. The Chief Executive of the Department of Corrections.
6. An MP exercising his/her right under s161 of the Corrections Act 2004.
7. A Justice of the Peace exercising his/her right under s162 of the Corrections Act 2004.
8. The Commanding Officer of a service prisoner.
9. A service authority nominated by the Commanding Officer of a service prisoner.
10. A Consular Representative.
11. An Investigating Officer investigating a complaint under s49 of the Defence Act 1990.
12. A member of the Human Rights Commission

Specified visitors, including:

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 as an official visitor to that prison for one or more prescribed purposes to:
   1. provide spiritual or religious instruction or guidance to prisoners;
   2. address the cultural or specific needs of a prisoner;
   3. mediate in a dispute involving prisoners;
   4. assist a prisoner in preparation for a disciplinary hearing;
   5. assist with the preparation or resolution of a complaint by a prisoner;

Examples of Specified visitors include:

• PARS Field Workers
• Kaiwhakamana
• Fautua Pasefika

Other visitors, including:

1. District Court Judges and Justices of the Peace.
2. New Zealand Parole Board (NZPB) Panel Convenors and Panel Members*.
3. Legal Advisers.
4. Enforcement Officers.
5. People attending NZPB hearings at a prison, including victims, support people and offenders with deferred sentences.
6. Programme providers or others contracted to provide services.
7. Contractors or sub-contractors entering prison property.

*Parole Board members attending parole hearings in prisons have been given approval to bring in laptops / memory drives or flash drives. These items allow the members to access relevant material and programmes to carry out their job.

Special Operation searches

Special searches may be undertaken where events are occurring, and authority is given by the Prison Manager for each event, to conduct searches of all persons entering and leaving the prison site or specified area.

What is lawful and reasonable?

“Lawful” means the search must be carried out in accordance with the legislative requirements. The main requirements for prison entry searches of people are that the searches be:

1. For the detection of any unauthorised items and not for any other reason.
2. In the case of rub-down searches, only performed where an officer has reasonable grounds to suspect the person has an unauthorised item in his/her possession.
3. In the case of rub-down searches where there is “reasonable cause to suspect”, and a person refuses to consent, only with approval of the Prison Manager or other manager authorised for that purpose.
4. In the case of rub-down searches, only performed by a person of the same sex as the person being searched.
5. Completed with decency and sensitivity and in a manner that affords to the person being searched the greatest degree of privacy and dignity consistent with the purpose of the search.
6. Staff bag searches must be conducted by a staff member of the same gender as the person carrying the bag.

Under Section 21 of the New Zealand Bill of Rights Act all searches are required to be carried out in a “reasonable” way. The degree of reasonableness will be assessed in relation to the:

1. time and place of the search
2. words used during the search
3. way the search is performed
4. sensitivity to cultural issues; and
5. medical condition of the person being searched.