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Contact with Family Members in Prison

On 1 September 2016 the Department of Corrections changed their policy about who can visit someone in prison. If there previously was a parenting order that provided for children to have contact with someone in prison then that contact could usually occur without an issue.

The changes mean that anybody (child or adult) who wishes to have contact with someone in prison, must now be approved as a visitor. Contact includes phone contact, as well as written contact such as letters and cards.
WHO IS AFFECTED?

Children who have a parent in prison, where there is a parenting order that says the children can have contact with that parent.

Children who were previously having contact with a parent in prison, even if there is no parenting order in place.

Anybody who has a protection order against someone in prison, but still wishes to contact that person.

If you want to obtain approval to have a child (aged under 16 years) visit prison, then the process that must be followed is:
  1. The prisoner must talk to unit staff. Unless there is a court order prohibiting contact, a child visitor application form will be sent to the child’s guardian outside of prison.
  2. That form must then be completed by the child's guardian and returned to the prison.
  3. You cannot get these forms online. The prisoner must request them.
  4. If the application is approved, the guardian will receive a letter confirming the approval. It is important that you hold onto that letter as it must be brought with the child to prison each time the child visits.
  5. If there is a protection order in place, then the prison must have a copy of that order before they will look at approving the children named on that order as visitors.

NOTE that any approved child visitor must be accompanied into the prison by an approved adult.

This information is correct as of 01 Nov 2016
If you are an adult (e.g. aged 16 years and over) and you seek approval to visit prison, then you need to follow this process:
  1. The prisoner must request that a form be sent to you. It is up to the prisoner to decide who they want to have visit them.
  2. The form will be sent out to you. You need to complete the form and send it back to the prison.
  3. Your application will be assessed. If you are approved, you will be sent a letter advising you of this. You must take this letter with you every time you visit the prison.


IMPORTANT

It is not necessary to discharge your protection order to be able to visit somebody in prison. The processes on this page should be followed. We recommend seeking legal advice before applying to discharge or vary any existing orders.

We are aware that the issue of the change to policy is currently before the Court. We will update this page as we receive new information, or if the processes change.
Postal Address
DX WX33342 Christchurch


P | (03) 339 2233
F | (03) 339 2283
E | support@ebbornlaw.co.nz
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