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StatuteSentencing Act 2002

Section 29 — Sentencing Act 2002: Access to reports

Text of the provision Official document

29 Access to reports (1) The following persons may have access to any report submitted to a court under section 26 or section 33 , and held by the court: (a) the manager or other person in charge of a prison to which the offender is sent, whether during any proceedings or in accordance with any sentence imposed: (b) a Director of Area Mental Health Services, or a staff member of a hospital, who requires access to the report for the purposes of his or her official duties: (ba) a compulsory care co-ordinator, or a staff member of a facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 , who requires access to the report for the purposes of his or her official duties: (c) an officer or employee of the Department of Corrections or the Department for Courts, or a staff member of a prison, who requires access to the report for the purposes of his or her official duties: (d) a member of the New Zealand Parole Board: (e) the prosecutor appearing on sentence or on appeal against sentence. (2) Despite anything in the Official Information Act 1982 or the Privacy Act 1993 , no person may have access under either of those Acts to a report or any part of a report that a court has ordered under section 28 or section 34 not to be disclosed to that person. Compare: 1985 No 120 s 18 Subsection (1)(a) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word “ manager ” for the word “ Superintendent ” . See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). Subsection (1)(a) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word “ prison ” for the words “ penal institution ” . See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). Subsection (1)(b) was substituted, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147). Subsection (1)(ba) was inserted, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147). Subsection (1)(c) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word “ prison ” for the words “ penal institution ” . See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.