C.03.01.R5 Transfer Advice (National Requirement)

Transfer Advice

1. A prisoner must be:
   1. informed of an impending transfer, and the destination, at least seven days in advance, and
   2. provided with a reasonable opportunity to inform his or her next of kin of the impending transfer, and the destination, before the transfer is made.
2. 1 (a) and (b) above does not apply if:
   1. The prisoner to be transferred is expected to create a management difficulty before the transfer is made or as a result of the transfer; or
   2. The transfer is being made because there are reasonable grounds to believe that the safety of the prisoner or others at the prison within which the prisoner currently resides is at-risk; or
   3. The transfer is being made to restore or maintain the security and order of the prison from which the prisoner is being transferred; or
   4. The transfer is being made to allow for the effective management of the national prisoner muster.
3. A prisoner to whom 2 (a), (b) or (c) applies must, on arrival at the destination, be allowed one free phone call within New Zealand to advise his or her next of kin of that destination.
4. 3 above does not apply to a prisoner if that prisoner –
   1. is informed of the impending transfer and the destination; and
   2. is provided with a reasonable opportunity to inform his or her next of kin of the impending transfer before it is made.
5. A prisoner to whom 2 (d) above applies must be informed of the transfer before departure and, if the prisoner does not have a reasonable opportunity to inform his or her next of kin before the transfer is made, then on arrival at the destination, the prisoner must be allowed one free phone call within New Zealand to advise his or her next of kin of that destination.
6. Where VNR prisoners are transferred from one prison to another, the Prison Victim Notification Co-ordinator of the sending prison must inform the Prison Victim Notification Co-ordinator of the receiving prison by telephone or email of the VNR status and victim contact details, and forward the hardcopy file as soon as possible afterwards marked “confidential”.