The penalty of forfeiture of privileges imposed on a prisoner pursuant to section 133(3)(a) or 137(3)(a) of the Corrections Act 2004 comprises the loss or postponement of all, or any of the following privileges specified in regulation 158 of the Corrections Regulations 2005:
the opportunity to be in common areas of the prison after the evening meal, and
the opportunity to make telephone calls beyond the minimum entitlement of one outgoing telephone call of up to five minute duration per week, and
participation in a recreational activity, course, or programme that is not part of the prisoner’s management plan, and
use of, or access to, films, videotapes, records, cassettes, or compact discs, and
use of a television, radio, audio cassette player, compact disc player, or other electronic equipment used for recreational purposes, and
use of a musical instrument, unless it is part of a prisoner’s management plan, and
pursuit of a hobby, and
purchase of anything other than essential toiletries, writing materials, and stamps, and
the opportunity for physical exercise beyond the minimum entitlement of one hour exercise per day, and
the opportunity to receive private visitors beyond the minimum entitlement of one visit from a private visitor each week for a minimum durations of 30 minutes.
Prisoners may purchase phone cards for the purpose of exercising their entitlement to at least one outgoing telephone call of up to 5 minutes' duration per week.
The loss of opportunity to make telephone calls, receive private visitors, and exercise does not authorise the forfeiture of these minimum entitlements, or any other entitlements prescribed by the Corrections Act 2004 or Corrections Regulations 2005. For example, a sentenced prisoner is entitled to have access to a telephone at all reasonable times for the purpose of communicating with his or her legal adviser about pending proceedings (regulation 86 (1)(b) of the Corrections Regulation 2005).
Subject to the objectives of prison security, prisoner safety, staff safety and protection of members of the community from danger of harassment, a prisoner "off privileges" is entitled to:
normal visiting arrangements
approved and scheduled management plan activities including home leave, release to work, and other temporary leaves for education or treatment purposes (these activities continue when prisoners are "off privileges" unless the nature of the misconduct suggests that the prisoner is not suitable for leave)
telephone calls during the hours of unlock
use of library facilities
access to religious activities
incoming and outgoing mail
normal diet.
Forfeiture of privileges - shared cell
If a hearing adjudicator or Visiting Justice has imposed a penalty of forfeiture of privileges (loss of all, or any, of the privileges specified in regulation 158 of the Corrections Regulations 2005) on a prisoner who is in shared accommodation, prison management must take all reasonable steps to ensure that the prisoner not subject to loss of privileges is not unduly impacted. Prison management must consider the following options in the order they are listed:
move the prisoner who is subject to loss of privileges into a single cell to complete the penalty, or
move the prisoner into a shared cell with a compatible prisoner who is also subject to loss of privileges.
If it is not practicable to move either prisoner, the prison director must obtain from the prisoner, who is not subject to loss of privileges, their consent (the consent is to be recorded on MC.01.Form.05 Prisoner consent to remain in shared cell with prisoner subject to loss of privileges) to:
remain in the cell with the prisoner subject to the penalty of loss of privileges, and
the removal of all the following authorised property from the cell:
all cassettes and compact discs
television
radio
audio cassette player
compact disc player
any other electronic equipment used for recreational purposes, and
any musical instrument (unless it is part of either prisoners management plans.
if the prisoner does not consent, the prison director may consider all available options to ensure that the prisoner who is not subject to loss of privileges is not deprived of any of the privileges they are entitled to.
Forfeiture of earnings
A hearing adjudicator has authority for to order forfeiture of the prisoner’s future earnings for up to 7 days and for a Visiting Justice, up to 3 months.
Forfeiture of earnings is effective from the day the sentence is imposed. Hence, a prisoner ordered to forfeit seven days earnings will not be credited with earnings on that day and the following six days.
A prisoner found guilty of committing an offence under section 130(1) or (2) of the Corrections Act 2004 while on a temporary release from custody, may be ordered to forfeit an amount to the Crown from any wages or salary payable to the Chief Executive for the credit of the prisoner for work done during the temporary release (up to $100 in the case of charges heard by a hearing adjudicator and $500 in the case of charges heard by a Visiting Justice).
Cell confinement
Every prisoner sentenced to cell confinement retains the minimum entitlements referred to in section 69 of the Corrections Act 2004, but may be denied access to private visitors as provided for in section 73 of the Corrections Act 2004; the right to make outgoing telephone calls under section 77(3) of the Corrections Act 2004; the right to communicate using any specified device or medium of communication; or of accessing information and education pursuant to section 78 of the Corrections Act 2004 for the period of his or her confinement.
Note that the loss of the right to make telephone calls relates only to those calls permitted under section 77(3) of the Corrections Act 2004 and does not include the loss of telephone calls that a prisoner is otherwise entitled to make under the Corrections Act 2004 or Corrections Regulations 2005 (refer in particular to regulation 86).
Regulation 155 of the Corrections Regulations 2005 states: When a prisoner is sentenced to cell confinement, the Health Centre Manager of a prison must be notified reasonably promptly. The notification can be by electronic mail and a copy of the email placed in the prisoner’s general file under category F. Note 1: Reasonably promptly means: The Health Centre Manager is notified as soon as practical on the day the sentence is imposed. If notification on the day is not practical, the Health Centre Manager must be notified by 10am on the following calendar day. Note 2: A medical officer of a prison must be a medical practitioner (i.e. a doctor, including a psychiatrist) registered with the Medical Council of New Zealand as a practitioner of the profession of medicine. A nurse, psychologist, or counsellor employed or engaged by the Department is not a medical officer.
Regulation 156 of the Corrections Regulations 2005 states: The manager of a prison, or an officer authorised by the manager of a prison for the purpose, must at least once a day visit a prisoner confined under a penalty of cell confinement.
Forfeiture of article
When an offence is proved under section 128(1)(f) of the Corrections Act 2004, an order may be made that the article in question be forfeited to the Crown, regardless of whether any other penalty is imposed.
Withdrawal or withholding of earnings
When a prisoner is convicted of an offence under section 128(1)(h) of the Corrections Act 2004 (damage to property), the person conducting the hearing may order that a specified amount be withdrawn or withheld from the earnings payable under sections 66 or 67 of the Corrections Act 2004 and credited to the prison.
Note: This penalty is always to be managed as withholding or forfeiture of future earnings. Once paid into a prisoner’s trust account, earnings should not be withdrawn, as it is not always possible to distinguish earnings in the account from other monies paid on a prisoner’s behalf.
When a prisoner is convicted of an offence and is order to pay reparation the following process must be applied relating to payment of the reparation:
reparation can only be deducted/withheld from prison earnings
prison earnings does not include the rate of $2.70 per week paid to prisoners who wish to work but there is no work available (commonly referred to as the unemployment rate)
prisoners receiving earnings for any work / attendance at programmes will have 100% of their weekly prison earnings deducted / withheld (excluding the first $2.70 earned per week) until the amount of reparation ordered is paid in full.
