V.02.Res.03 Statutory visitors visits
V.02.R03.01 Statutory visitors general provisions
- A statutory visitor is:
- an outside agency – (e.g. Ombudsman);
- a security monitor
- the Minister
- the Chief Executive
- an MP exercising his / her right under section 161 of the Corrections Act 2004
- a Justice of the Peace exercising his / her right under section 162 of the Corrections Act 2004
- the commanding officer of a service prisoner
- a service authority nominated by the commanding officer of a service prisoner
- an investigating officer
- a consular representative
- a member of the Human Rights Commission
- a Visiting Justice exercising his / her right under section 19 of the Corrections Act 2004..
- Statutory visitors may visit a prison and have access to a prisoner(s) or staff at any time as long as the visit is consistent with the visitor’s statutory duties.
- On entering the prison, statutory visitors may be asked to provide identification to appropriate staff, and will be asked if they have any item in their possession that might be unauthorised. The normal provisions relating to the inspection and seizure of such items will apply.
- Visits or interviews between prisoners and statutory visitors will be held in an area that allows the visit to be supervised, but is out of the hearing of any other person, unless the prisoner or the visitor asks for a staff member to be present.
- Statutory visitors must not receive any money, gratuity, reward, gift or benefit of any kind from, or on behalf of, a prisoner and must not trade with a prisoner.
- Statutory visitors must not enter into any arrangement with a prisoner that gives or is intended to give any kind of benefit to any person, unless the giving of the benefit is a lawful exercise of the visitor’s statutory duties.
- Visiting agencies are able to meet with remand and accused prisoners by appointment without unreasonable delay.
V.02.R03.02 Visits by inspectors of corrections
Inspectors of corrections must have access at all times to all parts of the prison, all prisoners, staff members and non-statutory visitors in the prison, and all records stored in the prison relating to the prison, prisoners or former prisoners, and staff.
V.02.R03.03 Visits by an Ombudsman
- The Ombudsman will notify the prison of their intention of visiting, detailing date, time and names of prisoners requesting an interview.
- The prison will book (or ensure that) a personal duress alarm (PDA) or a radio fitted with a PDA is available for the Ombudsman's use during the visit (Prison staff must ensure that basic instructions on use of PDA / Radio alarm is provided).
- Any known risks concerning the prisoners being visited must be relayed to the Ombudsman and contingencies agreed to (e.g. staff attendance outside the interview room) before the interview takes place.
- In situations with prisoners with histories of assaulting staff, consideration should be given to a non-contact booth visit in consultation with the visiting Ombudsman.
- For Rolleston Prison and Tongariro Prison, only rooms with hard wired duress alarms are to be used for Ombudsman interviews, unless it is agreed that a non-contact booth will be used.