C.01.Res.05 Types of contact restrictions

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  1. People who are protected by any type of contact restriction are referred to as the ‘protected person or people’ within the Prison Operations Manual.
  2. When staff receive information that a contact restriction is in place, via the courts, or that a person has contacted the prison to advise that they do not wish to receive contact from a prisoner, an alert must be entered in IOMS and staff must take all practicable steps to prevent contact from occurring as per conditions of the restrictions or the persons request.
      Restriction type Alert type IOMS Function for details
    a. A person has asked that phone, email, mail or in person contact is not to be permitted by a prisoner Request for No Contact Offender Homepage > Offender > Offender Notes > New / Edit > Protection / Restraining Orders
    b. The prisoner remand warrant included a No Contact Condition Remand No Contact Condition Offender Homepage > Receiving > Remand > No Contact Conditions and No Contact Person Details
    c. A prisoner is the respondent of a Protection Order Protection Order Offender Homepage > Offender > Offender Notes > New / Edit > Protection / Restraining Orders
    d. Oranga Tamariki Act restraining order is in place against the prisoner Oranga Tamariki Act Restraining Order
    e. A Harassment Act restraining order is in place against the prisoner Harassment Act Restraining Order
    f. Victims Orders against Violent Offenders Act 2014 non contact order is in place against the prisoner Victim Orders against Violent Offenders Act Non Contact Order
    g. Prisoner is subject to a No-Consorting Order issued under the [Gangs Act 2024]. Gangs Act Non-Consorting order Enter in the imposed order period and list named people the prisoner is not to consort with.
  3. Staff must take all reasonable steps to ensure prisoners with restrictions on their contact comply with those restrictions. See the following sections for details on:
    • Mail – [C.01.01 Prisoner mail], [C.01.11 Sending prisoner mail]
    • Telephone – [C.02.01 Initial phone call], [C.02.04 Prisoner requests approval of personal telephone numbers], [C.02.06 Staff check for contact restrictions], [C.02.07 staff verify prisoner personal telephone numbers]
    • Visits – [V.02.Res.10 Contact Restriction Visits].
  4. When a prisoner requests any contact with another person, whether by phone, email, mail or in person contact, all staff must check IOMS alerts to determine whether an order or condition that restricts or prohibits that contact is in place. This includes when a prisoner requests that application forms or other documents are sent to another person, or when contact is made on the prisoners’ behalf by another prisoner.
  5. Where a list of prisoners with relevant alerts is required (such as during email or mail processing), up to date information must be generated from the COBRA contact restrictions report [2.70 Offender Alerts].
    6. Watch PointSites are not required to maintain separate databases or manual registers of protected persons or contact restrictions.

    C.01.Res.05.01 No Contact Conditions (NCC) – Remand only

  6. No contact conditions can be imposed on a person charged with a relevant family violence offence, and who is remanded into custody under [section 168A of the Criminal Procedure Act 2011]. This is a court imposed condition.
  7. Under a no contact condition all contact with a person specified in the condition is prohibited. All contact (including direct and indirect contact) is prohibited, unless the court specifically states exceptions where contact is permitted.
    ConsiderationMail sent by the prisoner through the prison to the protected person is a breach of the conditions, even though the mail has been withheld and the protected person has not received it.
  8. If a person who is protected under a NCC consents to contact, this doesn’t change anything. Contact is still prohibited. If the person wants contact they must seek a variation from the court allowing contact.
  9. The NCC no longer applies when the prisoner has appeared in court again on the specific charge(s) the NCC is attached to.
  10. If the prisoner is remanded into custody again, on the same charge(s), the NCC can be directed, again by the court.
    Watch Point

    NCC only apply to prisoners remanded into custody. Sentenced prisoners may have remand charges where a NCC can be applied, while they are serving a sentence on separate charges.

    Under no contact conditions all contact is prohibited unless the conditions has a specific provision allowing for a specific kind of contact (either in the initial condition, or if a variation has been made by the court).

    11. C.01.Res.05.02 Protection Orders

  11. A prisoner who is the respondent to a protection order cannot initiate contact with the protected person (unless the protected person has consented in writing to contact).
  12. A person protected by a protection order can visit a prisoner who is the respondent. They must apply in writing (filling in an application form serves as written consent) to visit the prisoner / respondent, which can also (if they are already approved to be a visitor) be through the visits approval process, a handwritten letter or note or by using the [C.01.Form.01 Confirmation by protected person of willingness to maintain contact].
  13. The protected person may also write to the prisoner / respondent, but the prisoner / respondent can only write to the protected person if he or she has consented in writing to receiving mail. Prisons do not allow incoming calls by anyone, but the prisoner / respondent may call a protected person if he or she has consented in writing. Details of consent (name, and type of contact consented) must be included in the IOMS alert.
  14. While protected people can consent to contact in writing, they can withdraw consent verbally. When staff are made aware that a protected person no longer wishes to contact the prisoner / respondent they must, promptly, update the IOMS alert information and advise the prisoner / respondent that the type of contact they are requesting is not permitted.
    15. Watch Point

    If the protected person wants the prisoner to be able to make contact with the respondent, they must say it's OK (give consent) in writing. They can give written consent by email, letter, a note, or a text or other digital message.

    However, if the court included special conditions restricting contact (such as supervised contact for a child or other no contact conditions), they must be followed.

    The protected person can change their mind and stop contact with the respondent. They can withdraw consent at any time in any way (they don't need to do it in writing, they can just tell them).

    Prison staff can send visitor application forms to a protected person, but only if:
    a. the protected person has directly contacted the prison and requested to visit, or
    b. the prisoner has requested this and there is evidence that the protected person has, in writing, consented to contact.

    C.01.Res.05.03 Other Orders

  15. Under an Oranga Tamariki Act restraining order, a Harassment Act restraining order, or Victims Orders against Violent Offenders Act 2014 non contact order, the respondent cannot make any contact with the protected person, unless the court order specifically allows it.
  16. This applies to outgoing telephone calls, mail, and requests by the prisoner to prison authorities (or others) to make contact with the person on the prisoner’s behalf (including requests for the person to visit and be sent visiting forms).
  17. Unlike protection orders (where the protected person can allow contact with written consent) these orders are not affected by consent; they still prevent the respondent making contact even if the person consents.
  18. These orders do not prevent the prison sending out visiting forms to the protected person if they contact the prison directly and ask to visit, and they do not prevent visits.
  19. When a non-consorting order under the [Gangs Act 2024] is in place on a prisoner; the non-consorting order will name the people the prisoner cannot contact or associate with, unless they are exempt under [section 24 of the Gangs Act 2024].
  20. Neither the prisoner subject to the non-consorting order or the people named in the order are able to give consent for any form of contact.
    21. Watch Point

    In any situation where a member of staff believes that a child or young person is at risk of serious danger then steps should be taken to bring these concerns to the attention of Oranga Tamariki.

    This applies whether or not there is a protection or restraining order in force.

    Refer to [C.13 Safeguarding children and young persons] during contact for further information.