SE.02 Minimum entitlements

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Except in certain circumstances, all prisoners receive all minimum entitlements. This is a right and not a privilege.

Minimum entitlements criteria

These instructions relate to all prisoners.

Minimum entitlements are rights and not privileges that can be removed. They are the minimum, bottom-line things that must happen for all prisoners every day. However, a prisoner can be lawfully denied a minimum entitlement for a period that is reasonable under certain circumstances.

SE.02.01 Minimum entitlement provisions

There are eleven minimum entitlements for prisoners:

  1. Physical Exercise
  2. Bed and Bedding
  3. Food and drink
  4. Private Visitors
  5. Statutory Visitors
  6. Legal Advisors
  7. Medical Treatment
  8. Mail
  9. Phone Calls
  10. Communication Device
  11. Information and Education

The following table outlines the meaning of each minimum entitlement and the specific content.

Minimum Entitlement Specific Content Relevant Guidance

Physical Exercise

  1. Every prisoner (other than a prisoner who is engaged in outdoor work) is entitled to at least one hour of physical exercise a day.

A prisoner has the option of taking their physical exercise in the open air (i.e. the yard), if the weather permits.

It is for the general manager custodial to decide whether the weather does not permit.

Only extreme weather events that lead to health and safety concerns will justify denying exercise in the open air.

  1. First check if the prisoner wants to exercise:
    1. If yes, proceed to 2.
    2. If no, perform a welfare check if the prisoner has declined their exercise entitlement for two days in a row. Otherwise, no further action required, and no obligation to offer indoor exercise.
  2. If prisoner wants to exercise and:
    1. the weather permits:
      1. the prisoner must be offered exercise in the open air.
      2. and the prisoner declines exercise in the open air, they should be offered exercise indoors only if a dayroom or other indoor area is available.
    2. the weather does not permit:
      1. the prisoner must be offered indoor exercise in the wing / dayroom.
  3. If the prisoner declines exercise in either the open air or the wing / dayroom, subject to the questions above, they are still entitled to exercise in their cell.
 See POM [W.05 Prisoner physical education and activities]

Bed and Bedding

  1. Prisoners must be provided with a separate bed and mattress, and sufficient bedding for warmth, health and reasonable comfort.
 N/A See POM [P.04 Standard prison issue property].

Food and Drink

  1. Prisoners must be provided with:
    1. a sufficient quantity of wholesome food and drink that conforms to the food and nutritional guidelines.
    2. as far as practical in the circumstances, food and drink that makes allowance for the various religious, spiritual, and cultural needs.
    3. breakfast no more than 14 hours from the previous evening meal, unless food for supper has been provided with the evening meal.
    4. at least three meals per day, one of which is hot.
    5. drinking water at convenient locations throughout the prison.
 At the discretion of the general manager custodial, individual units may organise and fund barbeques / boil-ups / hangi and any other culturally related meals.

See POM [F19 Catering]

See Pae Ora's guidance on [Medical diets].

Private Visitors

  1. Every prisoner is entitled to receive at least one private visitor each week, approved through the visitor application process, for a minimum duration of 30 minutes.
 N/A See POM [V.01 Visitors application and prohibition].

Statutory Visitors

  1. Prisoners have access to statutory and specified visitors.
 N/A See POM [V.02.Res.03 Statutory visitors visits].

Legal Advisors

  1. The legal adviser of a prisoner may visit the prisoner in the prison at any time agreed to by the general manager custodial if the purpose of the visit is to discuss the prisoner's legal affairs.
 N/A

See POM [V.02.Res.02 Legal adviser visits].

See POM [C.14 Emailing legal correspondence].

Medical Treatment

  1. Every prisoner is entitled to receive medical treatment, if reasonably necessary.
 N/A

See POM [W.04 Hauora (Healthcare)].

See [Pae Ora's Practice Centre]

Mail

  1. A prisoner may send and receive as much mail as the prisoner wishes.
  1. Exceptions:
    1. where any direction of a no-contact condition applies, or
    2. where any restrictions on payment beyond three letters per week per prisoner applies.
 See POM [C.01 Prisoner mail].

Phone Calls

  1. Every prisoner is entitled to make at least 1 outgoing telephone call of up to 5 minutes duration per week at his or her own expense.
 This is in addition to any calls to an outside agency, specified on [C.02.Sch.01 Schedule of Global numbers], or the prisoner’s legal advisor. See POM [C.02 Prisoner calls].

Communication Device

  1. Every prisoner is entitled to exercise any right conferred on prisoners by regulations made under the Corrections Act 2004 to communicate using any specified device or medium of communications.
 N/A N/A

Information and Education

  1. The Chief Executive must ensure that the information and education needs of prisoners are provided for at all times.
 N/A

See POM [Induction] section.

See POM [C.10 Official information disclosure]

See [Request for information under the Privacy Act 2020].

See [Education and Training].

SE.02.02 Prisoners denied minimum entitlements

  1. The circumstances in which entitlements can be denied are narrow and limited to the below. Case by case decisions must be made for each prisoner.
    1. Circumstances in which any or all minimum entitlements can be lawfully denied. The circumstances must be unforeseen.
CircumstanceCriteriaExample

Emergency

(under section 69(2)(a) of the Corrections Act 2004)

An emergency refers to a situation where the prison or the network is unable to fulfil the purpose of the Corrections system.

  1. The Chief Executive must declare, in writing, to the Minister of Corrections, under section 179D of the Corrections Act 2004, that one of the following exist:
    1. an epidemic emergency effecting a prisoner or prisoners
    2. a prison emergency, or
    3. a state of emergency affecting a prison or prisoners.

The bar is very high to declare an emergency in the prison.

The prison has been evacuated due to a fire / earthquake.

The actual entitlements denied need to be proportionate to the circumstances. For example, if an evacuation occurs it may not be practicable to provide exercise, access to visitors and mail, but meals should be prioritised.

Threat to prison security

(under section 59(2)(b) of the Corrections Act 2004)

 The Principal Corrections Officer determines the security of the prison is threatened by something outside the control of Corrections that could not be anticipated and addressed without the denial of minimum entitlements.

The unit is locked down due to urgent searches for / risk of improvised weapons or contraband.

There is a code red / blue on site / in the unit which requires prisoners to be locked in their cells.

In these circumstances, minimum entitlements should be prioritised as soon as it is safe to do so.

Threat to health and safety

(under section 69(2)(c) of the Corrections Act 2004)

 The Principal Corrections Officer determines the health or safety of any person is threatened by something outside the control of Corrections that could not be anticipated and addressed without the denial of minimum entitlements.

The prisoner is aggressive and abusive at the point of unlock.

Prisoners are fighting during exercise time resulting in the prisoners being returned to their cells. This instance is only applicable for the prisoners directly involved in the incident.

    1. Circumstances where some minimum entitlements can be lawfully denied.
CircumstancesCriteria (and relevant entitlements)Examples

Temporary Release, temporary removal, or the prisoner is removed for judicial purposes

(under section 69(4)(aa) of the Corrections Act 2004)

Only applies to the entitlement to exercise and the entitlement cannot be denied for more than 2 consecutive days.

The prisoner has been on a temporary release, temporary removal, or has been at court, and the PCO determines it is not practicable to provide time for exercise during the times the prisoner is in prison.

The prisoner is on release to work.

The prisoner is on a medical escort or at a funeral / tangi.

The prisoner has been at court for most of the day.

These examples only apply if they leave no practical opportunity for exercise before or after the escort due to departure and arrival times.

Cell confinement

(under section 69(4)(a) of the Corrections Act 2004)

Only applies to the following entitlements:
- Private Visitors.
- Phone Calls.
- Communication Devices.
- Information and Education.

As the prisoner is undergoing cell confinement, they will not be leaving their cell as much.

The Act provides that a prisoner may be denied the above entitlements while on cell confinement, so we can still provide it if applicable.

 The only time this circumstance is relevant is when a prisoner is undergoing a cell confinement penalty.

Damage to prison property

(under section 69(4)(b) of the Corrections Act 2004)

Only applies to the entitlement to access information and education.

Prisoner must be subject to segregation for the purposes of security, good order or safety, or for the purpose of protective custody (sections 58 and 59 of the Corrections Act 2004) AND the prison general manager considers that the prisoner is likely to damage prison property.

There must be a real and evidence-based risk that the prisoner would damage the information and education provided (e.g. library books and/or television).

A segregation direction on its own is not enough evidence to support the denial of this minimum entitlement.

Prisoners subject to a segregation direction are still entitled to minimum entitlements. There must be individualised context regarding the prisoner’s risk of damaging prison property.

Prisoner is engaged in outdoor work

(under section 70(1) of the Corrections Act 2004)

 Only applies to the entitlement to exercise.

Release to work, in a role based outdoors.

The prisoner would be working on a work party, or other work inside the wire, which is outdoors, (e.g. grounds maintenance).

    1. The below outlines circumstances which staff cannot use as a reason to deny minimum entitlements.
      1. There are resource limitations from staffing constraints or shortages.
      2. The prisoner was involved in an incident on a prior day.
      3. As a loss of privileges due to an incident, misconduct, or any other circumstance (see [MC.01.Sch.02 Schedule of penalties]).
      4. The unit is managing multiple regimes or there are infrastructure resource limitations with not enough exercise yards available.
      5. The prisoner is employed in an inside job / industry e.g. kitchen, laundry, or wing worker.
  2. Alternatively, a prisoner can choose to not use their minimum entitlements. We are however required to provide them the opportunity. For example:
    1. The prisoner does not want to exercise or chooses to remain in their cell.
    2. The prisoner declines their food when offered (see [Voluntary refusal of food and/or fluids (hunger strike) policy]).
    3. The prisoner does not want to use the phone.
    4. The prisoner does not want to have visits.
  3. If the prisoner declines the opportunity to have their minimum entitlement, unit custodial staff need to consider:
    1. Why did they decline?
    2. Does it show a pattern of isolation?
    3. Is staff engagement with Pae Ora, or other roles, required?
    4. Is a conversation required with the prisoner about their wellbeing? i.e. have they given staff reason to complete a [review risk assessment]?

SE.02.03 Recording of denied and declined minimum entitlements

  1. Any occasion where Physical Exercise or Phone Calls minimum entitlements are denied, under any circumstance, must be noted in the [Prison Tension Assessment Tool (PTAT)] app).
  2. Any occasion where any other minimum entitlements are denied should be noted in the prisoner’s IOMS profile (as a file note). When recording these occasions, staff must ensure they provide enough information to explain:
    1. the context regarding why the minimum entitlement was denied
    2. the circumstance above which it is denied under, and
    3. any other relevant information helpful to explain your decisions.
  3. Any occasion in which a prisoner declines the opportunity to receive their minimum entitlement (as outlined under [SE.02.02 Prisoners denied minimum entitlements paragraph 2]), must be recorded in the same manner as a denial.
    1. Where a prisoner is unlocked and has the opportunity to access the phone during that period, but chooses to not use it, this is not considered a denial of their entitlement. The requirement is to provide the opportunity, which has been met.
    2. However, if a prisoner chooses to remain locked and therefore does not take up the opportunity, this must be recorded, as the opportunity was not actioned due to the prisoner’s decision.
  4. It is essential that record keeping is thorough and clearly records the reasons for any denial of minimum entitlements. These records may need to be reviewed by a court if a prisoner legally challenges any decisions to deny entitlements.