Guidance

Information pack for British nationals detained or imprisoned in New Zealand

Updated 12 October 2022

Chapter 1: Overview of consular services for arrested UK nationals

If you are a British national, and are arrested or detained in another country, we will do what we can to help you, but we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad.

This document is designed to give you, your family and your friends, information about the New Zealand system. A printed copy is provided to those in prison or in custody. Feedback is welcome to help improve the information herein.

Contacting the British government

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British Authorities (and must do so if you want them to)

• even if they do not ask, you can make the request yourself, particularly if you are charged with a serious offence or need any kind of assistance

• friends or family can also contact the New Zealand High Commission in Wellington or the Foreign Commonwealth and Development Office (FCDO) in London on +44 (0)20 7008 1500

In some countries, the authorities might notify the British High Commission, Embassy or Consulate, even if you don’t want anyone to know that you have been arrested. This is because there may be an agreement in place with the British Government which requires a mandatory notification to be made.

Consular staff

We work in the Foreign, Commonwealth and Development Office in London, and in British Embassies, High Commissions and Consulates overseas.

British High Commission - Wellington
44 Hill Street
Thorndon
Wellington 6011
New Zealand
Phone + 64 (0) 4 924 2888, select Help for British Nationals option for 24/7 support

Website: https://www.gov.uk/government/world/new-zealand

Access to the British High Commission is by appointment only.

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign Commonwealth and Development Office on 0207 008 1500.

What consular staff can do

We can offer you impartial and non-judgemental help. Once notified of your arrest or detention, we will contact you as soon as possible to assess how to help you. We will then provide assistance according to your individual circumstances and local conditions. Priority will be given to British nationals overseas that need the most help.

In New Zealand, the authorities will normally notify the Consulate within 24 hours, once you have given them consent to pass on your personal details. We can also:

• provide a list of local English-speaking lawyers, provide general information about the country, detention conditions and the local legal system (including if legal aid is available) or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
• in some circumstances, help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family
• pass on messages and deliver letters to the prison in places where phone or postal services aren’t available, (although generally they cannot arrange for delivery directly to you)

What consular staff can’t do

• get you out of prison or detention
• help you get special treatment
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs as a result of being arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First steps

Informing family members

If you want, we can tell your family or friends that you have been detained and provide them with information about how to contact you in prison or detention. With your consent, we can also keep them updated on your well-being.

If you are not sure about informing your family, we can help you consider the impact that not doing so might have. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances in which information about you may need to be shared by authorities in New Zealand.

Legal assistance: lawyers

Although we cannot give legal advice, start legal proceedings, or investigate a crime, we can offer basic information about the local legal system, including whether a legal aid scheme is available. We can provide you with details of local English-speaking lawyers.. See more below about what legal assistance is available. You will want to consider the benefits of local legal representation and to discuss all the costs beforehand with the legal representative. In no circumstances can the UK government pay your legal or interpretation costs.

Consular assistance: fair treatment

We cannot get you out of prison or detention or get you special treatment because you are British. However if you are not treated in line with internationally accepted standards, we will consider whether to approach local authorities. This may include if your trial does not follow internationally recognised standards for fair trial or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

Chapter 2: Arrest and the court system in New Zealand

What to expect after you’re arrested

You may be arrested in New Zealand if a police officer (or other government official who has a power of arrest) has reasonable grounds to suspect that you have committed an offence.

Remain calm, and co-operate with the police. Don’t be abusive or violent, as to do so may result in additional charges.

The police will ask you to provide various personal details including your nationality.

Formal charging only occurs in the most serious cases in New Zealand. You will be read the formal charge by a police officer at the police station and asked if you have anything to say in answer to the charge.

You will be cautioned and told what you are under arrest for, given your rights in relation to anything you say and in relation to consulting and instructing a lawyer.  You may be charged with other offences and crimes, not just the one you are initially arrested for. You will have your fingerprints and photograph taken and depending on the charge, other evidence to establish your identity such as a buccal swab.  You will be searched and any evidence relating to the charge you face or anything that is valuable or that you may use to harm yourself will be removed.  You will be asked to sign a receipt for that property and another document acknowledging that you have been given your rights.

Immediately after your arrest you will be taken to a custody cell, you will have access to food/water and bedding. You will be able to ask for a doctor and allowed to speak to a lawyer and make a phone call. If you identify yourself as a foreign national, you will also be asked if you would like your Consulate advised of your arrest. Police Detention Legal Assistance is available to anyone who has been detained by police. They can help you with choosing a lawyer and facilitating contact with them.

If the police arrest you, or if you’re not under arrest but the police are holding you (for example, for a search for illegal drugs or weapons), you have these rights:

• they have to treat you with humanity and respect
• they have to tell you, at the time they make the arrest, the reason for it (unless this isn’t practical or the reason is obvious in the circumstances)
• if the police have an arrest warrant, they have to show you the warrant as soon as practical after the arrest if you ask to see it
• you have the right to remain silent
• you have the right to talk to a lawyer, in private and without any unreasonable delay, and the police also have to tell you that you have this right, including that you can talk to a lawyer for free under the Police Detention Legal Assistance scheme
• the police have to charge you promptly or release you
• if they don’t release you they have to bring you before a court as soon as possible

You will then either be given police bail or remanded in police custody to the next available court day.  You do not need to provide any money to be bailed, you just need to sign a bail bond.

Bail

Normally you will appear before the Court on the next working day after your arrest. The Court will determine (a) whether you have been legally detained, and, if they are satisfied on that point, (b) whether you should be released on bail, or held on remand, until your next court hearing.

Like the UK, it is rare for foreign nationals in New Zealand to be granted bail. This is due to the flight risk that many of these prisoners pose. Even where bail is offered, it is usual to remove the passport of a foreign national before releasing them from detention, to prevent them leaving the country.

In assessing whether to permit bail, the judicial authorities are entitled to consider a person’s links to the country and how likely it is that they will flee.

In the (unlikely) event that you are allowed to leave New Zealand on condition that you return for your court case, please note that failure to comply could lead to your being placed on an immigration blacklist and/or being extradited from the UK to stand trial.

If you are given bail, you will need to find sufficient funds to support yourself. Depending on your visa status, the local authorities may not be able to provide support. We cannot provide funding or find you a job.

We are not able to facilitate the transfer of bail funds.

Legal assistance

If you have been arrested and held in custody you can talk to a lawyer under the Police Detention Legal Assistance service.

If you do not have a lawyer for your first day in court you can use a duty lawyer’s service for free. Duty lawyers give free legal help to people who have been charged with an offence and don’t have a lawyer. Anyone who does not have their own lawyer can use a duty lawyer’s service for free. The duty lawyer usually can’t represent you after the first day of your case.

If you do not engage your own lawyer, as your case progresses you may be eligible for a Legal Aid lawyer free of charge. Legal Aid is a NZ Government legal service dealing mainly with family law and criminal legal matters that provides free legal advice as well as court representation, and grants money to pay for a lawyer or a private solicitor. Your duty lawyer will help you complete a legal aid application form.

Legal Aid is not automatically granted in New Zealand. You must meet strict criteria in order to qualify. Your income and financial means will be taken into account, as will the merits of your case, i.e. whether or not the case is likely to succeed. Your nationality is not a factor.

Read more about Legal Aid.

We cannot give legal advice, pay your legal expenses, or guarantee to a lawyer that you will pay them.

They can provide you with a list of local lawyers from the New Zealand Law Society – but cannot recommend a particular lawyer.

See list of local English-speaking lawyers.

Your court summons

If you’re going to court for your first appearance after being charged with a crime, the date and time you need to be there will have been given to you at the time of your arrest or it will be on any summons served on you.

The letter (summons) will tell you:

• your details
• the details of any crime (offence) you’ve been charged with
• the name of the court and date and time you need to appear
• the consequences of failing to attend
• information about appearing in court
• how to get free legal help

If you’re unsure about when or where to go, talk to your lawyer if you have one or call 0800 COURTS (0800 268 787). Find out more about criminal procedure

Appearing at court

Everyone appearing in court should wear appropriate clothing, which means dressing in a smart and tidy manner. If possible, be at least an hour early for court. Check the daily list to see which courtroom your hearing is in. The daily list is usually clearly visible as you walk through the main doors of the courthouse. If you cannot see or find the list, ask reception. Alternatively, daily hearing lists are available on the Courts of New Zealand website.

On the day of your trial, if you have witnesses who support your case, ensure they also arrive early and find them when you arrive at court. If you know they are going to be late, contact the court as soon as possible. At the beginning of your hearing, the Registrar will announce the Queen’s judge and all present will be asked to stand as the judge enters. When your case is called, you should introduce yourself, after the prosecutor has done so.

If you will need an interpreter for a foreign language, you should tell the court at least 10 working days before you appear in court. If you fail to give enough notice, there may be a delay or cost.

Trial

There are often a number of pre-trial hearings before a matter goes to trial.  These may include disclosure hearings, evidential arguments and discussions with the judge to decide the key points of difference between the prosecution and the defence.

At the trial you will initially be asked how you plead.  If you plead not guilty and it is a jury trial (rather than before a judge alone) a jury will be selected.  Once the jury is selected the Crown will call evidence to prove the case against you beyond reasonable doubt.  After the Crown closes its case the defence counsel may then call evidence to cast doubt upon the case.  The Defence does not have to prove anything as you are considered innocent until proven guilty.  All witnesses are first examined by the counsel who calls them, then cross-examined by the other counsel, then re-examined by the counsel or called them and then questioned by the Judge.

Once the defence closes its case the Judge or the Jury will decide on you guilt or innocence.

Types of trials

There are 2 types of trials in New Zealand:

• Judge-alone trials
• Jury trials

Check your summons or with court staff to identify the category of the crime (the offence) you’ve been charged with.

• category 1 or 2 crimes: for less serious crimes, you have no option other than a judge-alone trial. Depending on the nature of the crime (offence), your case will be heard by either by a judge, justice of the peace or community magistrate. There will be no jury
• category 3 crimes: for category 3 crimes (offences), you have a choice of a judge-alone trial but you could choose to have a jury trial within the District Court
• category 4 crimes: if you are charged with a category 4 crime (offence), you’ll have a jury trial at the High Court.  Members of the public will be summoned to the court to form a jury, to hear the facts of your case. They will then decide if you’re guilty or not

Find out more about the stages of a jury trial.

We cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

Duration of remand in custody

You may be remanded in custody to ensure your appearance in court. You will be presented to court periodically, and the prosecutor has to satisfy the court that your continued detention is justified.

The total time that you are detained awaiting trial will depend on the seriousness and complexity of the offence. It usually takes several months before a case comes to court for a full hearing.

Prisoners have a right of appeal against their continuing detention.

The court may remand you in custody until the time of your trial but you have the right to be put before the court every 7 days to have the matter reconsidered.  You may waive that right.  In extremely rare cases people have been released without having to go to trial because it has taken the prosecution too long to prepare its case.  This is usually at least a year.

Sentences

Offenders are sentenced in open court. Members of the public and media representatives may attend. Statements from the victim(s) about how they have been affected by the offence may also be read.

The judge will then talk to you about the matters they have taken into account and will then sentence you.

The severity of the sentence will depend on the maximum penalty for the offence and the seriousness of the offending. It will also be influenced by any materials that the judge has been provided with (for example, pre-sentence reports or written submissions).

Sentences are set by Statute.  Minor offences have a maximum term of imprisonment and a maximum fine.  More serious offences tend to only have a maximum term of imprisonment but there are a number of custodial sentences (such as home detention. Read more about how sentencing decisions are made in New Zealand.

Parliament also gives judges guidance about how to sentence offenders through the Sentencing Act and the courts themselves work very hard to ensure consistency in sentencing across the country.  It is extremely rare for someone to be sentenced to the maximum term of imprisonment and many sentences are automatically commuted by one third at the time of sentence.

Deportation of a British National upon release is dependant of your NZ visa status, crime committed and time served. With your permission your consular officer can make enquiries direct with Immigration New Zealand.

Appeals

Defendants may appeal to a higher court on both the Law and the Facts and can also appeal against sentence.   You need to discuss this process with your lawyer.

Chapter 3: Detention conditions in New Zealand

Initial arrival at the prison

After being sentenced in court, prisoners will normally be held in the court cells until the end of the day. A group will then be transported to prison, where the receiving office processes them.

If a prisoner has property with them, it will be logged, a receipt issued and signed for by the prisoner while it is stored at the prison. Access to the property will only be after the prisoner completes an access to property form.

Prison clothing will be issued, although this varies between prisons. Some may allow prisoners to wear some of their own clothes but no gang-coloured clothing or paraphernalia is allowed.

Prisoners are interviewed to establish general details like next of kin and if they have any immediate needs.

Prisoners are also given an initial health check which includes mental health screening.

Part of the assessment process is used to determine which unit of the prison a prisoner will initially be placed.

Many prisons will have a unit where new arrivals will spend their first days.

New prisoners will be taken to the unit they have been assigned to and allocated a cell. This may be a single cell or a cell shared with another prisoner.

Soon after they arrive in the unit, prisoners will be given an induction interview where they will be informed of the rules and regulations of the prison and the routine of their unit.  This includes how they can contact family or friends, have visitors, use health services and contact staff like the social worker and chaplain who can help them adjust to prison life.

If a prisoner is 17 years old or under when they arrive in prison they are placed in a youth unit. The assessment process for 18 and 19 year-olds takes into account if placing them in a youth unit is in their own, and the other youth unit prisoners’ best interests.

Prison conditions and daily life

Prison conditions in New Zealand are generally similar to that of the UK, however they do vary from institution to institution. The Department of Corrections has further details - see http://www.corrections.govt.nz. When someone goes to prison published by the Department of Corrections, NZ, is a guide written to help family members understand the justice system.

You should refrain from discussing your case or sharing personal details with other inmates.

Once you have been sentenced, you will be given a prisoner classification, which will dictate what you are allowed to do while in prison. The NZ prison system has five overall prisoner categories: Minimum, Low, Low-Medium, High and Maximum.

You should avoid breaking prison rules. Your movement through the different classifications will depend on your good behaviour and your willing involvement in day-to-day prison activities. Should you lose your classification at any time, we cannot intervene on your behalf.

Some prisoners might be put into a segregated “protection” area of the prison. This could be for a number of reasons including their age, vulnerability or because of the nature of the charges they are facing.

Offenders are assigned a case manager and a case officer after they arrive in prison.

Case managers work with everyone to develop a comprehensive phased rehabilitation and reintegration plan. On sentencing, the case manager completes a comprehensive assessment interview with the offender to identify their rehabilitation and reintegration needs.

The case officer is a corrections officer who is the day-to-day contact for offenders. Case officers motivate and support the prisoner to work towards achieving the goals in their offender plan.

Remand prisoners go through most of the same processes as sentenced prisoners but there are a few key differences.

Remand prisoners are received at a prison and assessed in the same way as sentenced prisoners, but are generally allowed to wear their own clothes while inside. They are kept separate from sentenced prisoners.

Prisoners may be moved to other in country prisons, this can be due to rehabilitation or treatment options or to manage prison numbers.

Accommodation

On arrival you will be assessed for shared accommodation (double bunked), your classification will also determine if you will go into shared accommodation or not.

You will be issued with mattress, blankets and bedding. There is usually a wash basin in each cell.

Food and diet

Three meals a day are provided to inmates in the New Zealand prison system. Prison menus are developed in consultation with a qualified dietician to ensure they conform with legal obligations and the Ministry of Health’s food and nutrition guidelines. Drinking water is freely available.

Medical diets (for dietary control or treatment for a medical condition) are provided as prescribed if a medical officer recommends them.

Gluten or wheat free, vegetarian, vegan and religious diets are provided on written request and according to a prison-specified process.

Prisoners can also buy some extra grocery items through the weekly shopping system.

Hygiene

On arrival in a New Zealand prison personal hygiene and grooming products will be checked for contraband and whether they are allowed. If the products are approved they are returned to the prisoner.

People in prison are allowed a small amount of personal toiletries provided they meet certain criteria.

What is not allowed in prison:

• aerosols
• sprays
• glass containers
• products containing alcohol
• nail polish/remover

Personal hygiene and grooming products can only be replaced through the prison’s weekly shopping system. They cannot be sent by family and friends.

Work and study

It may be difficult for prisons in New Zealand to supply work to all prisoners. You may therefore have to wait a while before a suitable job is available.

If you are offered work while in prison, it can be a good idea to accept this. It will give you something constructive to do with your time, and also enable you to earn a small wage which allows you to buy extra “prison comforts”.

Prisoners may be able to access training in industries such as construction, farming, nurseries, forestry, timber processing, furniture making, textiles, catering, engineering, concrete product manufacturing, printing and laundries.

Prisoners can work towards qualifications, providing they meet the eligibility criteria. For more information, discuss with your case officer.

The prison will aim to identify each prisoner’s educational needs and goals, and target services to address these. Services include education needs assessments, learning plans, and access to literacy and numeracy support, foundation qualifications and industry and vocational training.

Contact and languages

Contact with other inmates in the New Zealand prison system is determined by a number of factors, good behaviour, your risk assessment and classification. Each prison has its own lockdown and exercise areas and you will be informed of these programmes on induction.

If English is your second language you should inform prison officials during your initial interview.

People in prison can send and receive letters. The Department of Corrections provides writing paper and envelopes, and pays for standard postage for up to three letters per week. If a prisoner wants to send a fast post letter or a parcel, they must pay for this themselves.

Prisoners don’t have access to the internet so they won’t be able to directly receive or reply to your emails. If friends or family wish to send an email to a prisoner, this should be directed to the individual prison email address.

All letters (with some exceptions) are checked by staff for contraband. Mail may also be checked by prison detector dogs so there can sometimes be a delay in prisoners receiving them.

Postal addresses for New Zealand prisons can be found on the Department of Corrections website: Locations.

People in prison are allowed up to 10 approved phone numbers to make calls. They can’t make outside calls unless the person the number belongs to grants their permission.

Mobile phones are not permitted.

Some prisons offer video calling for eligible people with their approved visitors, provided certain conditions are met.

In most prisons a library is available.

Exercise

In New Zealand, every prisoner (other than a prisoner who is engaged in outdoor work) may, on a daily basis, take at least one hour of physical exercise. The exercise may be taken by the prisoner in the open air if the weather permits. Prisoners are given the opportunity (within the operational context) too positively and constructively use time for leisure, sport, recreation, cultural and spiritual activities when they have no other activities planned relating to their sentence.

Climate

The climate in New Zealand can be similar to the climate of the UK, with four distinct seasons, cold winters and relatively warm summers. However, there is considerable variation between different parts of the country. Note that seasons occur at opposite times of the year to the northern hemisphere.

Religion

Cultural and spiritual activities are accepted (within reason and operational context) at New Zealand prisons and you should check with the prison if you have any special requirements.

Rules and regulations (including drugs)

When you first arrive at the correctional facility you will be provided with a prison induction into the prison system. The induction is designed to make you aware of your rights and responsibilities; of the prison rules, routines and procedures; and of compliance issues.

Drug use is an issue in some prisons. If you are caught holding or taking drugs, punishment can be severe. If you inject drugs you also run the risk of contracting serious blood-borne infections. Prison authorities may undertake random alcohol and drug testing.

The prison misconduct procedures ensure prisoners who are subject to disciplinary action have their charges heard in accordance with legislation, and if found guilty of non-compliance with the rules and regulations of the prison, are disciplined in a fair, just and humane manner. The prisoner involved in the alleged incident can make an appeal.

If you have been tortured or mistreated, please inform us as soon as it is safe for you to do so.

They will then do their best to contact you which, may include a visit; to check on your welfare; discuss the allegations; and inform you of any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, they may also be able to raise your allegations of torture and/or mistreatment with the authorities.

Medical and dental treatment

While you are in detention, the New Zealand Department of Corrections is responsible for ensuring your basic medical needs are met.

If you need medical or dental treatment you should make an appointment to see the prison doctor or dentist. In some large prisons it can be difficult to get an early appointment, but if the situation is urgent your prison case officer may be able to help.

If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful if you have your medical records, or at least a report, sent from the UK for the information of the prison doctor or specialist here.

Provision of secondary and tertiary health care services is the responsibility of the local District Health Board. Prisoners are referred by prison health services under the same eligibility criteria as any other member of the public.

Every prisoner entering prison has their health needs assessed when they arrive and on-going care and treatment is given if required. This includes access to nicotine replacement therapy, as all prisons are smoke free.

This assessment includes whether a prisoner is at risk to themselves or others.

All prisoners aged over 18 are screened as part of the arrival process to assess if they have a mental health need. If they have a mild to moderate mental health need they can be referred to the prison doctor or receive counselling, including if eligible, cognitive behavioural therapy.

All prisoners with serious mental health needs are managed in partnership with their local Regional Forensic Mental Health Services.

In acute cases prisoners may be transferred to a secure forensic mental health facility. These services are managed by District Health Boards.

New Zealand prisons will not fund prescription eyewear.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also help to liaise with your GP in the UK, if the police or prison doctor requests previous medical records and this is in your vital interests.

Mail/Parcels

You can receive and send mail directly from all New Zealand prisons, but there are rules about what you may and may not receive. However, there is usually no limit to the number of letters you can send or receive. All letters are censored, but the prison authorities are obliged to deliver them with the minimum of delay. The New Zealand postal system is reliable, and transit time for airmail letters sent to the UK is usually several days.

Tell your family and friends to always include your full name and prison number in the address. It is also a good idea to number all letters in sequence. If you do the same you can keep track of anything that goes missing.

We cannot accept mail for onward delivery.

Outgoing envelopes are identified as prisoner mail and contain details for recipients to contact the Department of Corrections if they do not want to receive mail from the sender.

All prisoner property must be pre-approved before being sent to, or delivered, to a New Zealand prison. There are limits on the size and quantity of many items, so prisoners need to check the rules with prison staff before friends or relatives bring them anything.

To receive property, prisoners must complete a ‘Request for Property’ form which is approved by unit staff, and the prison property office.

Once the form has been approved it is given back to the prisoner to send to the person providing them with the property. The form must accompany any items arriving at the prison.

Each prison has a list of approved items, these may include:

• a radio/CD or tape player
• an electric jug or flask
• a fan
• a limited number of books and magazines
• religious material

There are limitations on the size and quantity of many items, so prisoners need to check the rules with prison staff before friends or relatives bring them anything.

Making telephone calls

You are allowed to make telephone calls using a phone card issued by the prison. You can make both international and local phone calls, subject to having funds available on the card.

Phonecards are available to purchase through the prison weekly shopping system, or they can be posted to the prisoner. Up to 10 phone numbers can be approved at any one time for people in prison to call.

Once a person has applied to have the number approved staff check to make sure the call recipient is happy to receive calls from within the prison. The number is then made available for the person to call. Mobile phones are prohibited.

Complaining about mistreatment

If you have been mistreated in a New Zealand prison, please inform us as soon as it is safe for you to do so. They will then do their best to visit you, to check on your welfare, discuss the allegations, and inform you of any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, they will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, please try to see a doctor, obtain a medical report and if possible photos of the injuries you received.

If you wish to make a complaint you should first discuss this with prison staff. If an issue cannot be resolved informally unit staff must, advise the prisoner of the internal complaint process and may provide a copy of the information booklet Information on the complaints process in prisons.

If by following this process you are not satisfied, you can contact the

Office of the Ombudsman http://www.ombudsman.parliament.nz/.

Visits: family and friends

Who can visit and how to arrange visits

If your family or friends decide to visit you, we can assist them by providing guidance on visiting the prison, and what they can and cannot take in. There is comprehensive guidance on this on the [Department of Corrections website](https://www.corrections.govt.nz/homepage_redev_2019/homepage_main_listing/prison_sentences/staying_connected_with_people_in_prison/visits#:~:text=All%20people%20in%20prison%20(except,must%20be%20booked%20in%20advance.).

Visitors to prison must apply to be an approved visitor of a prisoner. People who want to visit must first fill out an application form, which is followed by security checks.

The form isn’t available online, because it’s up to you to decide who you want visits from. You will need to arrange for an application form to be sent to the person you want to see. You can request this form from prison officers. If your friends or family wish to visit, they must first wait for the application form to be sent and approved.

If your family are travelling to New Zealand from the UK, we can also request extra visits for them. You should advise any potential UK visitors to contact the High Commission via the Foreign, Commonwealth and Development Office in London, giving as much notice as possible.

Each prison has its own rules regarding visits. Visits by UK family may be granted for around an hour each day, depending on the prison director: however this cannot be guaranteed and the prison authorities may refuse visits by non-relatives. The prison can also refuse visitors if the prisoner is being disciplined because of bad behaviour, or if a visit will prejudice an ongoing court case.

Visitors should arrive around 30 minutes before each visit, and should bring their passport and travel documents for ID purposes.

The visits may be in a visiting room with other visitors, in a communal area or in an individual visiting booth. The visiting room has prison staff present and visitors are usually allowed to hug the prisoner when greeting and leaving. For booth visits there is no contact, this may or may not be behind glass. This visit type will depend on each individual prison facility and also security level of the prison.

It is advisable to give family and friends as much information as you can about what to expect when they reach the prison. They are likely to find the sight of you in prison clothing, in a visiting area with guards a distressing experience.

Prisoners are entitled to have at least one approved private visitor per week for a minimum duration of 30 minutes, except prisoners serving a period of cell confinement on penalty grounds. The reception/movements manager will determine when visits will occur (day and times) and will take into account the classification of prisoners, and travel requirements of the visitors.

What to expect when you visit

Prisons have a strict routine and it’s important to be on time.

Visitor vehicles may be searched by staff and a detector dog for contraband.

Sometimes police help corrections staff to carry out searches and they may also check a visitor’s driving licence and the warrant of fitness and registration for their vehicle. All belongings should be locked in your vehicle. Some prisons have lockers for visitors to use.

On arrival at a prison reception or gatehouse, visitors will be asked to present their identification and visitor approval letter. Acceptable forms of identification include:

• NZ driver’s licence (with photo)
• passport
• bankcard (with photo)
• student ID card
• Kiwi Access Card
• SuperGold Card (with photo)

Staff check the visitor’s name against the list of visitors they are expecting and give you a slip, sticker or wristband. Some prisons have a waiting area.

After checking in visitors will pass through a metal detector or be scanned to check for concealed items. Staff may also ask them to remove outer clothing so they can carry out the search (excluding underclothes).

Any visitor belongings, including shoes, will be put through an x-ray machine. A dog handler and detector dog may also be used. If staff have reasonable grounds to believe a visitor is in possession of an unauthorised item, they will seek consent to a ‘rub down’ search. A rub down search means a search of a clothed person.

If a visitor does not consent to the rub down search their visit may be terminated and they may be prohibited from visiting the prison in future.

What you can take on your visit

No valuables can be taken into prisons during visits, including mobile phones and jewellery (except religious items). No gifts are allowed.

All belongings must remain locked in the visitors vehicle or if the prison provides visitors with a lockable storage area.

Visits: consular staff

We will aim to contact you as soon as possible after being told of your arrest or detention so they can assess how to help you. How soon this is may depend on local procedures. We will then aim to provide assistance according to your individual circumstances and local conditions. If distance or local conditions make it difficult for them to visit as soon as you would like, we will explain this and confirm alternative options.

We will keep in regular contact with you, either by visiting personally or by telephone/letter. The frequency of contact will depend on local prison conditions and your personal circumstances.

You can write to the Consular Section, British High Commission, 44 Hill Street, Wellington 6011 any time on matters of concern. If your concern is urgent it may be quicker to ask prison authorities to contact the High Commission on your behalf.

Emergency trips outside of prison

If you have any health or welfare concerns, please discuss these with your prison case manager or case officer in the first instance. Under certain circumstances prisoners may be able to get a temporary release, which is granted on a case by case basis for such events as funerals, family visits or home visits.

Prison: access to help and services

Receiving money

There are two ways in which you may be able to receive financial assistance while in prison:

• Private Funds: Deposited to you by your family or friends. See Annex C__ for instructions on how to send funds

• Prisoners Abroad: Depending on where you are detained, if your family can’t support you financially, Prisoners Abroad, an advocacy group that helps UK inmates in foreign jails, may be able to send you a small grant every quarter for essentials (enough for one hot meal a day)

Private funds in New Zealand prisons

We may be able to arrange money to be sent to you from your family, within certain limits.

They may also be able to assist you to enrol in the “Prison Comfort” system for money transfers to prisoners. Under this system, the prison will open an account for you into which friends and family can transfer money. Money earned from working in the prison will also be deposited into this account.

There is an account balance limit of NZ$200.

Family can deposit directly to the prison bank account and should contact the prison or consular officer for bank account details.

We are unable to receive payment directly by credit or debit card, or by cash.

Prisoners Abroad

In addition, Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not in receipt of any regular donations from other sources.

Chapter 4: Reaching the end of your sentence

Provisionfor reduction of sentence (remission) e.g. for good behaviour

These matters are all considered by the Parole Board.

Provision for early release e.g. on parole

The New Zealand Parole Board is an independent statutory body which considers when offenders can be released on parole. The Department of Corrections provides the Board’s Administrative Support Services. The board’s paramount consideration as set out in the Parole Act 2002 must be the safety of the community. Victims who are registered with the Department of Corrections to receive information about an offender are entitled to be informed of forthcoming hearings and are invited to make oral submissions to the board.

For more information go to the New Zealand Parole Board’s website.

Provision for clemency or pardon

There is no death penalty in New Zealand so clemency is not available.

Pardons are exercised through the “prerogative of mercy” by the Governor General on behalf of the Queen.  It only applies to the most serious cases.  You need to discuss this process with your lawyer.

Financial penalties

You may also be required to pay reparation to victims of your offending.

Transfer to another prison within New Zealand

The Department for Corrections regularly moves prisoners between prisons throughout the country to manage capacity and to ensure that prisoners are located in facilities that are best suited to their individual needs.

Transfer to the UK

There is no prisoner transfer agreement between the UK and New Zealand.

Procedures for release and departure

Any British Citizen serving a prison term may be liable for deportation to the UK at the end of that term.

Even those with New Zealand permanent resident status may find their visa revoked. In this event, you may need to speak immediately to a lawyer. Dual British/New Zealand nationals are not liable for deportation.

If you are to be deported, at the end of your prison sentence you will be released into the custody of Immigration New Zealand, who will hold you in immigration detention whilst they arrange your deportation. This usually only takes a matter of days, especially if your passport is still valid.

If your passport has expired, or has less than six months validity remaining, you might need to obtain a new passport before you can be deported. To avoid deportation delays, it is recommended that you check your passport status well in advance of your release and deportation.

If you are deported, you will be excluded from returning to New Zealand for a given period, which can range from three years to life. You will need to contact the New Zealand High Commission in London to arrange a visa before you travel.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. Possibly you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. You may simply want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad you can visit Prisoners Abroad when you first arrive back in UK for advice, to take a shower, use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance it is best to write and tell your caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Aftercare Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are The Salvation Army – UK Helpline 020 7367 4888, Monday to Friday 8am to 4pm, or contact your local Salvation Army branch – and The Prison Fellowship, UK Helpline 020 7799 2500, Monday to Friday 9am to 5pm.

Will I have a criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, other relevant UK authorities must be informed. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 5: Additional information

Prison Chaplaincy Service of Aotearoa New Zealand

Chaplaincy Services co-ordinates and delivers spiritual services for all prisoners of all religions, in association with volunteers and other providers, for example, the Salvation Army, and mainstream churches. Phone: (04) 381 4982

Email: [email protected]

Website: Prison Chaplaincy Service

PARS Incorporated

PARS Inc provides re-integrative services to prisoners, ex-prisoners and their whanau to assist them to re-integrate back into the community.

Contact [email protected]

Waikato PARS

Phone: (07) 839 3531

Email: [email protected]

Auckland PARS

Phone: (09) 630 0862

Email: [email protected]

Website: Auckland PARS (external link)

Prisoners Aid and Rehabilitation Trust (PART)

PART provides re-integrative services to prisoners, ex-prisoners and their whanau to assist them to re-integrate back into the community.

Phone: (04) 371 9183

Website: Prisoners Aid and Rehabilitation Trust

Salvation Army

Salvation Army officers and prison chaplains support people through the court process and while in prison. The Salvation Army also provides accommodation for released prisoners.

Website: Salvation Army

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK
• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translation of documents
• grants for food if you are in a developing country and don’t have funds from other sources
• grants for essential medicines and toiletries if you don’t have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting

Prisoners Abroad
89 – 93 Foothill Road
London N4 3JH
UK

Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone: 0808 172 0098 (Mondays and Tuesdays 9.30 am to 6pm, and Wednesdays to Fridays 9.30 am to 4.30 pm, UK time).

Email: [email protected]

Website: https://www.prisonersabroad.com

Police Detention Legal Assistance (or PDLA) service.

Find out more about free community legal help.

Legal Aid: https://www.justice.govt.nz/courts/going-to-court/legal-aid/

For more information go to the New Zealand Parole Board’s website.

Glossary of terms

Useful terms in New Zealand

Annex

A. FCDO leaflet: Support for British Nationals Abroad

B. List of English speaking Lawyers and FCDO list of English speaking lawyers

C. Prisoners Abroad Authorisation Form

D. Prisoners Abroad Family Contact Form