These laws apply to people detained in all types of detention facilities. Other legislation applies more specifically to particular types of detention environments and facilities, and to practices within them, including the segregation and seclusion practices and the use of restraints. Prisons The Corrections Act 2004 establishes New Zealand’s corrections system, and is administered by the Department of Corrections. The Corrections Act uses the term ‘segregation’, and defines it as an event where “[t]he opportunity of a prisoner to associate with other prisoners may be restricted or denied in accordance with sections 58 to 60” (Corrections Act s 57). The Corrections Act provides for the segregation of prisoners for the purpose of security, good order or safety(Corrections Act s 58), protective custody (Corrections Act s 59), or medical oversight (Corrections Act s 60).69 Security, good order, or safety A prisoner may be placed in segregation if the prison manager is of the opinion the security or good order of the prison would otherwise be endangered or prejudiced, or the safety of another prisoner or another person would otherwise be endangered.70 If a prisoner is segregated in this way, they must be given the reasons for their segregation in writing and the chief executive of the Department of Corrections must be promptly informed. The decision to segregate someone may be revoked at any time by the chief executive or a Visiting Justice (Corrections Act s 58(3)(b)), and it must be revoked by the prison manager if there ceases to be any justification for continuing to restrict or deny the opportunity of the prisoner to associate with other prisoners (Corrections Act s 58(3)(a)). A decision to segregate expires after 14 days unless the chief executive directs for it to continue, in which case the decision must be reviewed by the chief executive at least every month (Corrections Act sections 58(3)(c) and 58(3)d)(i)). It then expires after three months unless renewed by a Visiting Justice, who must then review it in intervals of not more than three months (Corrections Act sections 58(3)(d)(ii) and 58(3)(e)). Protective custody The prison manager may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if a prisoner requests this and the manager considers that it is in the best interests of the prisoner, or if the prison 69 Corrections Act 2004 (http://www.legislation.govt.nz/act/public/2004/0050/latest/DLM294849.html) 70 S 58 Corrections Act 78

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