Authorised Property Rules

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Declaration of the Chief Executive Pursuant to section 45A of the Corrections Act 2004 the Chief Executive of the Department of Corrections has declared the items contained herein to be authorised items of property that prisoners may be issued with or allowed to keep subject to the conditions imposed in these rules.

Dated at Wellington this 07th June 2024

(These rules replace the Rules on authorised property made under section 45A made on  20 February 2024.)


Note: This document includes explanatory “notes” which are not part of the rules being made by the Chief Executive under section 45A of the Corrections Act 2004 (“the Act”). The purpose of these notes is to point out: (i) relevant requirements that apply under the Act or the Corrections Regulations 2005 (“the Regulations”); and (ii) relevant Departmental policies.

General conditions and explanatory notes related to the issue and use of Authorised Property

  1. Note that the following rules apply pursuant to section 45A of the Act. Only property specified in the schedules contained herein is authorised property that prisoners may be issued with or be allowed to keep in accordance with section 43 of the Act. Prisoners may not be issued with or allowed to keep any other property items.
  2. Note that where these rules refer to property being “issued” to a prisoner this means: (i) prison owned property being issued to a prisoner; and (ii) a prisoner’s own property being issued to the prisoner after the prison has determined it is authorised property and it is appropriate to issue it to the prisoner. The prison keeps a record in the property register of all prisoner property issued to a prisoner1, and (as a matter of policy) it does the same for prison-owned property issued to the prisoner. Any prisoner who is found to have in their cell or in their possession an article which is not recorded as being issued to that prisoner may be investigated to determine if an offence has been committed2.
  3. The fact that an item of property is authorised property does not mean a prisoner has the right to be issued with or allowed to keep, use or wear that property at any time. The issue and use of all property is conditional.
  4. A prison manager will not issue or allow a prisoner to keep an item of property even if it qualifies as authorised property if:
    1. the prison manager considers the item is likely to interfere with the security and good order of the prison (e.g. gang related paraphernalia and any items with gang related colours, symbols or imagery);
    2. the prison manager considers the item is likely to negatively affect the prisoner’s successful rehabilitation and reintegration; or
    3. the item breaches any Act of Parliament or Regulations, Department of Corrections Policy, or restrictions imposed by other government organisations such as the Office of Film and Literature Classification.
  5. Note that even where an item of property qualifies as authorised property a prison manager is still entitled, under circumstances outlined in the Act and the Regulations, to refuse to issue it or allow a prisoner to keep it.3 Additional conditions may apply to the issue of clothing and correspondence.4
  6. If a prison is requested to store property for a prisoner, because it is not authorised property or is authorised property that has not been issued, the prison will not store property beyond the total amount or size of property that can be stored in the standard storage container (with the dimensions 500 mm width x 400 mm depth x 300 mm height).
  7. Except for the property items described in schedule 1, no item of prisoner property will be issued unless and until a prisoner makes an application for the item to be issued. This application must be in writing however the prison will assist the prisoner to make applications promptly to minimise waiting time. The prison will process applications in a timely fashion, but it will usually take at least 24 hours for the prisoner to be issued the item.

Footnote:

1 In accordance with reg 30 of the Regulations (but see footnote 6 regarding consumable items).
2 Under section 128(1)(f) of the Act.
3 Refer to ss 43(2)‐(3) and 69(2) of the Act, and regs 33 and 63(3)(b) of the Regulations.
4 See s 108 of the Act and reg 68 of the Regulations.


Schedule 1 - Property permitted on reception

Where a prisoner is being initially received into prison or is being transferred from another prison, the items in schedule 1 may be issued to the prisoner immediately without the need for an application. At all other times items in schedule 1 have to be issued in the normal way following an application.

1.1 Health Items

The following health items may be issued to prisoner on reception

Property Item

Description

Limit5

Specified conditions

a.

Eyeglasses

Prescription

2 pairs

Required to correct defects of vision.

Can have transition lenses for outdoor use.

b.

Contact lenses

Prescription

2 boxes

Required to correct defects of vision.

c.

Hearing aids

 

2 packs

Required to aid hearing.

d.

Hearing aid batteries

 

2 packs

Up to a maximum of 12 batteries.

e.

Medicine

 

As required

Only if approved by Health Services staff.

f.

Disability support aids

e.g. wheelchair

As required

Only if approved by Health Services staff.

g.

Any other item approved by Health [or Psychological] Services issued to a prisoner where it is deemed that this is necessary to assist in prisoner’s physical or psychological wellbeing.

1.2 Religious Items

The following religious items may be issued to prisoner on reception

Property Item

Description

Limit

Specified conditions

a.

Jewish yarmulke (head cover), or

 

Two

 

b.

Buddhist prayer beads, and cushion, or

 

One of each

 

c.

Christian crucifix or cross, and Roman Catholic rosary, or

 

One of each

Crucifix or cross to be free standing or pin board mounted.

d

Muslim pray beads, and pray mat, and

 

One of each

 

e.

Muslim cloth prayer cap, or

 

Two

 

f.

A religious picture for private devotion, or

 

One

 

g.

Other religious item used for prayer or devotion

 

One

The item must have a genuine connection to the prisoner’s religious beliefs, which must also be genuinely held, and must not be related to a religion listed in (a) to (d) above.

1.3 Literature / Music Items

The following literature / music items may be issued to prisoner on reception

Property Item

Description

Limit

Specified conditions

a.

Books

Consumables6

13

Includes bible, prayer books and other religious texts. No books, newspapers and magazines will be permitted that are considered to be objectionable e.g. pornographic.

b.

Magazines

Consumables

10

c.

Newspapers

Consumables

Three

d.

Compact Discs (CDs / Cassettes

 

24

Commercial issue only – no home recordings. Total of 24, combined or otherwise.

Legal disclosures in either format are allowed in addition to the limit, only while the legal proceedings they relate to are active and must be sent out or approved by the prison manager to be stored once proceedings are completed.

1.4 Jewellery

The following jewellery items may be issued to prisoner on reception

Property Item

Description

Limit

Specified conditions

a.

Plain stud or earrings

 

One (pair)

Only if worn at reception.

b.

Wedding band

 

One

 

c.

Wristwatch

 

One

No smart watches.


Footnote:

5 Maximum allowed per prisoner per site.
6 Note items that are identified as consumable are only recorded in the property register at the time of the prisoner’s reception to prison, and when a prisoner is transferred to a different prison or moved to a new unit. When a prisoner is issued new consumable items in exchange for existing  consumable items this is not recorded in the property register (because there will already be a record via the purchase system).

Schedule 2 - Prison owned property

The items in schedule 2 are only authorised property if they are prison owned. Depending on the item, they may be issued to prisoners by being rented or supplied to a prisoner free of charge. Additional items of prison-owned property which are not specifically listed in this schedule are authorised property if the prison manager considers that:

  1. they support the rehabilitation or reintegration of a prisoner, and do not conflict with these rules or
  2. are necessary in order for the prison to comply with a legal requirement.

The prison manager may issue such additional items of prison owned property on conditions that he or she considers appropriate.

2.1 Bedding items

  1. Note when a prisoner is received in the unit, they will be provided the bedding items listed in this schedule. These items are considered to be the minimum standard issue to all prisoners, except prisoners accommodated in at risk units.
  2. Note, any additional bedding, e.g. mattress and pillows, will be issued only on the written instructions of Health Services staff.
  3. Pregnant prisoners are provided bedding in accordance with the relevant healthcare pathway and Corrections Department operating procedure(s).

Property Item

Description

Standard issue

Specified conditions

a.

Mattress

 

One

 

b.

Pillow

 

One

 

c.

Pillowcase

 

One

 

d.

Sheets

 

Two

 

e.

Duvet inner

 

One

Prison may issue two blankets instead of the duvet inner and cover.

f.

Duvet cover

 

One

g.

Towel

 

One

 

2.2 Televisions

  1. The only television that a prisoner is permitted to keep in their cell is a prison owned and issued television of the following description:

    A television with transparent outer casing (unless it is in the corrections prison known as Mount Eden Corrections Facility as declared in the Corrections (Mount Eden Corrections Facility) Notice 2011 [2011/188]).

    A flat screen television (not a cathode ray tube television). Has no built in player or recording ability.

    Has no means of receiving information other than through the prison feed or internal network which supplies free-to-air channels, rehabilitative material or both.

    Has no means of sending information other than what is required for the viewer to select a channel or access rehabilitative material from an internal network.
  2. Screen size is not to exceed 61 cm (24 inches) viewable.
  3. Television size issued will depend on prison facility, cell requirements and television stock supply.7

  4. A condition which attaches to the issuing of a prison owned television for a prisoner to keep in their cell is that the prisoner may be required to pay rent for the television pursuant to the national prison television rental scheme as approved by the chief executive.

Footnote:

7 A larger screen may be permitted if the prison manager is satisfied that a prisoner's eyesight is so impaired that he or she would benefit from a larger size screen.

Schedule 3 - Electrical items

3.1 Conditions

All electrical items must comply with the following standards (if applicable to that item):

  1. Only 240v powered plug-in models (No adaptors, transformers, or battery-operated items except for television and radio remotes).
  2. Not to have USB ports or docking stations.
  3. If an item has two (or more) functions e.g. radio and alarm clock, the prisoner is not permitted to have an additional item with similar functionality.
  4. All electrical items must have the serial numbers, original manufacturer’s identification sticker or tag attached. If these are not attached to an item, the item will not be accepted by the prison for issue to a prisoner.
  5. Prisoner owned electrical items that are not brand new must have an electrical safety check completed by a suitably qualified person prior to it being issued (the prisoner must meet the expenses of the electrical safety check).
  6. Brand new prisoner owned electrical items (unopened in box and/or with proof of purchase), do not require an electrical safety prior to it being issued.
  7. If the prison supplies a prison-owned electrical item for issue to a prisoner, the electrical safety check will be met by the prison.

3.2 Authorised electrical items

PropertyItem

Description

Limit8

Specifiedconditions

a.

Television

Refer to 2.2

One

Refer to 2.2

b.

Radio

 

One

Radio may have one or more additional functions such as cassette player, CD player, clock, alarm clock.

Size maximum of 60 cm width x 30 cm height x 30 cm depth.

The speakers are not to be detachable. Approval and issue of this item is also subject to additional conditions or requirements as may be

defined in Corrections policy and procedures.

c.

Alarm Clock

 

One

Alarm clock may have additional function such as AM/FM radio.

Not to be issued where radio with alarm clock function under 3.2.b. is already issued.

d.

Electric fan

 

One

Not to exceed 35 cm in diameter. For cooling purposes.

Desk or table models only (no pedestal or floor standing).

e.

Electric razor

 

One

Not to be rechargeable.

f.

Multi-box

 

One

Must have in-built cut-out switch. Maximum of 4 sockets.

g.

Hair dryer

 

One

 

h.

Lamp

 

One

Only standard desk type (no angle poise or floor standing).

i.

Electric jug

 

One

Must have a sealed lid and must switch off automatically once water is boiling.

Not allowed if prisoner has been issued a flask.

j.

Headphones / earphones

 

One

Not to be combined with a microphone. Not to be cordless.

k.

Electrical extension cord

 

One

Maximum length of two metres.

Restricted to cells where the location of the power outlet requires the use of an extension cord for safe placement of the electrical items.


Footnote:

8 Maximum allowed per prisoner on site, stored or issued.

Schedule 4 - Clothing

4.1 Clothing items

  1. Authorised clothing can be personal clothing or prison owned clothing. If an item of clothing is not permitted by this schedule it is not authorised property, and a prisoner cannot be issued with or allowed to keep that item.
  2. To be authorised property, clothing must:
    1. be in good condition and fit for purpose;
    2. be adequate for safety, warmth, comfort and health;
    3. not be in excess of the maximum limit of clothing items specified by these Rules;
    4. not have commercial printing or advertising of any kind (except branding by the clothing manufacturer); and
    5. be of a neutral colour that is not associated with a gang.
  3. Unless a prisoner is permitted to store clothing at the prison in accordance with reg 35 of the Regulations and rule 4.1.6, a prisoner must arrange for non-issued personal clothing to be removed from the prison. Otherwise the prison will dispose of it according to the approved disposal process.
  4. Note that a prison manager is able to require sentenced and remand convicted prisoners to wear certain items of clothing and footwear provided by the prison under reg 68(3) of the Regulations.
  5. If the prison manager has required sentenced or remand convicted prisoners to wear certain items of clothing or footwear provided by the prison under reg 68(3) of the Regulations, where the prison-owned clothing or footwear is in substitution for the equivalent personal clothing or footwear, the equivalent personal clothing or footwear must not be issued to prisoners except if it is for use in court appearances or on release or removal.
  6. If the prison manager has required sentenced or remand convicted prisoners to wear certain items of clothing and footwear provided by the prison under reg 68(3) of the Regulations, prisoners may not store substituted personal clothing except for use in court appearances or on release or removal.
  7. Note that prison owned clothing items may be provided to a prisoner up to the quantities specified in 4.2 if the prisoner does not possess an authorised personal item. Note that there is no obligation for the prison to supply the maximum numbers of each item, the obligation is to provide clothing to the extent that this is necessary to ensure that the prisoner has adequate clothing to provide for their safety, warmth, health and comfort.
  8. The prison manager may issue prisoners with additional prison owned clothing not specified in this schedule for the purposes of:
    1. any work or activities taking place inside or outside the prison, including work boots, overalls, and safety equipment   appropriate to the activity;
    2. meeting the prisoner’s particular needs arising from a health condition or a disability, including garments with safety features preventing a prisoner from   engaging in self-harm.

    Any additional prison owned clothing issued to a prisoner is authorised property.

4.2 Authorised clothing and footwear items

Propertyitem

Description

Maximumnumber of clothing items

Specificconditions

a.

Jacket or coat (for cold/wet weather)

 

One

For remand accused prisoners, a jacket or coat for cold/wet weather is only authorised property if it is prison owned (and will only be supplied to the prisoner if available).

b.

Jacket or coat (dress)

 

One

A dress jacket will not be issued to a prisoner except if it is for use in court appearances or on release or removal.

c.

Trousers9

 

Three

 

d.

Tracksuit10

 

Two

 

e.

Jumper11

 

Three

 

f.

Shorts

 

Two pairs

 

g.

Shirts / T-shirt

Consumable

Five

 

h.

Singlet

Consumable

Five

 

i.

Socks

Consumable

Ten pairs

 

j.

Underwear

Consumable

14 pairs

 

k.

Brassiere

Consumable

Seven

 

l.

Under Clothing

Consumable

Two pairs

Must be worn under clothing when issued. Can be multi-functional. (e.g. retain heat, keep cool, for exercise/activity)

m.

Cap or hat

 

One

 

n.

Beanie

 

One

 

o.

Gloves

 

One pair

Winter wear only - no fingerless gloves.

p.

Pyjamas12

 

Three pairs

 

q.

Footwear

 

Four pairs

Can be a combination of shoes for physical activities, slippers, jandals / sandals.

Boots are only authorised property if necessary, for employment and must not be steel toed.

Dress shoes will not be issued to a prisoner except for use in court appearances or on release or removal.

r.

Any other items of clothing or footwear declared by a prison manager as clothing that may be worn by a prisoner or class of prisoner pursuant to regulation 68 of the Corrections Regulations 2005.


Footnote:

9 Include jeans.
10 One tracksuit includes a track top and track pants.
11 Include jerseys.
12 One pair of pyjamas includes a pyjama top and pyjama pants or shorts.

Schedule 5 - Other authorised property

5.1 Toiletry Items

  1. The total volume of all the toiletry items must not exceed a container approximately 100 mm height x 200 mm depth x 300 mm width or the size of a small shoebox.
  2. Prisoners may purchase toiletry items through the prisoner purchase system.
  3. Prisoners may receive toiletry items from an external party only if approved by the prison manager.
  4. Toiletry items must not:
    • be aerosols or sprays of any description; or
    • be in a glass container; or
    • contain alcohol.
  5. Toiletry items and limits specified under 5.1 (a to g) are based on what may be required as prison issue on reception, and supplied if a prisoner does not have prisoner owned items.

    Not all authorised toiletry items are detailed here as they are authorised as part of the canteen purchase items under 5.3.i.

Property Item

Description

Limit when prison issued13

Specified conditions

a.

Toothpaste

 

One tube

 

b.

Toothbrush

 

One

 

c.

Disposable safety razor

 

One

Except for prisoners accommodated in a maximum security unit, high security unit, remand unit or a youth unit, where disposable safety razors are issued for use and not retained as specified in the Corrections Department operating procedures.

d.

Soap

 

One

 

e.

Comb

 

One

 

f.

Shampoo

 

One

Will not be issued if shampoo dispensers are provided in the shower.

g.

Sanitary supplies

 

As required

 

h.

Shower loofah

Prisoner owned

One

Handheld puff / scrunchy versions made from synthetic material only.

No wooden / plastic handle attachment allowed.

i.

Nail clippers

Prisoner owned

One

No metal nail file attachments allowed.

j.

Miscellaneous toiletry items

Prisoner owned

As approved

Covers toiletry items / products not available as Canteen purchase items under 5.3.1. for prisoner personal hygiene and grooming use.

Items are subject to any applicable conditions and specified conditions defined elsewhere in these Authorised Property Rules or as identified by the prison manager.

5.2 Stationery Items

Note that the stationery items specified as “Prison Issue” will be provided by the prison to a prisoner upon request in reasonable amounts, but not in excess of the standard amount allowed for “Prisoner Owned” items14.

Stationery items

Description

Prison Issue

Prisoner Owned

Conditions

Ballpoint pen

Consumable

Yes15

Two

Black or blue only without spring.

Pencils

Consumable

-

Six

Wood / paper casing.

Erasers

Consumable

-

Three

Maximum size 60 mm x 22 mm x 11 mm.

Ruler

Consumable

-

Two

Plastic or wooden.

Pencil case

Consumable

-

One

Material with zip closure.

Writing paper

Consumable

Yes

200 pages

 

Envelopes

Consumable

Yes

20

Not larger than DL size; 110 mm x 220 mm. Note, prisoners entitled to paid postage for three standard letters within New Zealand per week, and a further three to an Inspector of Corrections or an Ombudsman per week.16

Stamps

Consumable

-

10

 

5.3 Miscellaneous Items

Property Item

Description

Limit17

Specified conditions

a.

Mat

 

One

 

b.

Plastic containers

 

Three

Maximum volume of each container is one litre. Includes plastic food container, plastic jug and sipper bottles.

c.

Games

 

Five

Includes card games18, board games and jigsaw puzzles.

d.

Padlocks (and keys)

 

One

Only permitted if personal trunks are provided or allowed by the prison.

Two keys (one for prisoner and one for unit staff).

e.

House Plants

 

One

Per prisoner accommodated in self-care units. Prison manager may approve plants in other areas such as programme, or hobbies rooms.

Must be non-climber.

Plant pot cannot exceed 15 cm diameter.

f.

Posters

 

Four

A4 size only.

Attached only to cell notice boards (if notice board supplied by the facility).

g.

Flask

 

One

Volume not to exceed 1 litre and must be stainless steel. Not allowed if prisoner has been issued an electric jug.

h.

Mirror

 

One

May be a reflective surface suitable for personal grooming.

i.

Canteen purchase items

Consumable

Not to exceed the total allowable weekly value and purchase volume limits.

These are items approved for purchase by prisoners through the prisoner purchase system, purchased by prisoners through that system and are subject to any applicable conditions and specified conditions defined elsewhere in these Authorised Property Rules.

j.

Pounamu and Manaia

 

One

Prison manager approval only.

k.

Grocery purchase items

Consumable

Not to exceed the total allowance weekly grocery budget limit.

Applies to prisoners accommodated in internal and external self-care units and mother with baby placements only, for approved grocery shopping purchases.

Food based grocery items may be canned or in glass containers. For example: Baked beans, spreads.

l.

Mother and Baby, infant food, care, and clothing products

 

As required

Applies to mother and child accommodated in internal and external self-care or mother with baby units.

These items require approval and can be:

  • purchased through the prisoner purchase system
  • sent in by family, friends or whānau
  • donated.

m.

Make-up (Cosmetics)

Consumable

As required

Products for prisoner personal use and approved for purchase by the prison manager.

These items can be:

  • purchased through the prisoner purchase system
  • sent in by family, friends or whānau
  • donated.

Covers make-up items not available as Canteen purchase items under 5.3.i and are subject to any applicable conditions and specified conditions defined elsewhere in these Authorised Property Rules or as identified by the prison manager.

n.

Sunglasses

 

One pair

For outdoor use only. Must be plastic lens and frames with no mirror or reflective finish.

5.4 Correspondence

Property Item

Description

Limit

Specified conditions

a.

Legal papers

  

Must be sent out or prison manager approved to store once legal proceedings have concluded or if there are no related contemplated legal proceedings.

b.

Personal papers (including correspondence)

  

Not to exceed the dimensions of a box 100 mm height, 200 mm depth, 300 mm width or the size of a small shoe box.

c.

Personal / family photos

  

Of a quantity determined by the prison manager as reasonable but not to exceed 100 photos.

Maximum photo size A4 (Same as poster size limit if printer on paper).

e.

Photo album

Photo album able to hold a maximum of 50 photographs

Two

Photo album should be of such a design that it allows ease of photographs for removal and searching by staff without the risk of damage to the photos or the album or injury to staff. Photo album must not be padded or made of glass, wood or metal or have components of such material.

d.

Study Materials

   

5.5 Hobby Material

Specified conditions

  1. Approval to undertake hobby must be obtained before materials will be approved.
  2. If the hobby is approved the quantity of material will be determined by the prison manager but must not exceed the specifications of the standard one litre plastic container.
  3. Excludes prisoner tools, if tools are required, they will:
    • be prison issue   only (i.e. owned   by the prison);
    • be provided in an area   designated as a work area   suitable for use of the tool;
    • if practicable, be physically attached to a designated work area (e.g. bench);
    • be used only with appropriate safety equipment where such equipment is required e.g. dust mask;
    • only be operated under supervision;
    • not be kept in cells.

Specified conditions

  1. Completed hobbies must be removed from site:
    • within 28 days of the   prison manager directing that the item   be removed; or
    • before starting another, unless   approval has been obtained from the prison manager to store   the item.
  2. Hobbies are not transferred to another facility, unless approved by the receiving facility.

    If approval not granted by receiving facility, the prisoner must make arrangements to have the hobby items removed from site or have them disposed of.