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.

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.