O'Rourke Denis: Prisoners’ and Victims’ Claims (2012 Expiry and Application Dates) Amendment Bill — Second Reading 
Text is incorporated into the Bound Volume 
O'Rourke Denis: Prisoners’ and Victims’ Claims (2012 Expiry and Application Dates) Amendment Bill — Second Reading 
[Sitting date: 21 June 2012. Volume:681;Page:3250. Text is incorporated into the Bound Volume.] 
DENIS O’ROURKE (NZ First) 
: 
 This bill the Prisoners’ and Victims’ Claims (2012 Expiration and Application Dates) Amendment Bill is a sunset extension bill. Today being 21 June the shortest day of the year it is a shame that it cannot also extend sunset today. That would be very welcome with the weather we have had. But the bill simply extends the regime for a further year while new legislation is developed. I want to emphasise the term “new legislation” because what New Zealand First does not expect is that the current regime will simply carry on after the delay for another year. What we expect is a rigorous examination of the current regime under the current legislation to see whether it does work whether it is in fact necessary and whether it achieves its stated objectives. We do not know yet whether that is the case or not. 
For the time being New Zealand First will accept the bill as it is to extend the date for a further year and will support the bill. But it is better to get the legislation right take that time do that exercise and develop legislation that is worthwhile. I am not saying necessarily that the current legislation is a failure. I do not yet know that to be the case. But I do know that the principles we consider in the new bill include these. First of all being a prisoner means being penalised only by the temporary removal of personal liberty and incarceration. It does not mean anything more than that. Prisoners should still do daily work and they should live in a highly disciplined routine but they should also have the opportunity for rehabilitation education and reorientation in their direction of life. Secondly it does not result in the loss of other rights. It does not result for example in the loss of rights to obtain rehabilitation education and reorientation. It should not involve the loss of the right to vote. It does not mean the loss of the right to protection from personal or mental abuse and it does not mean the loss of rights to services like decent medical care. It does not mean the loss of right to fair treatment. It does not mean the loss of right to adequate accommodation and meals. It does not mean the loss of right to accident compensation for genuine injury or disability from genuine accidents and it does not mean the loss of right to compensation for substantial and genuine mistreatment. It does not mean the loss of the right to practise religion and many many other such rights that we all enjoy. It means as I have said just the loss of liberty for the period of the sentence. 
On the other hand the rights protected in this way must be balanced against the fact that there is concern in the community that prisoners abuse some of those rights especially the right to compensation for mistreatment and especially accident compensation. Those are genuinely held beliefs and we must give some attention to them but we certainly should not mollycoddle prisoners and we should make sure that there are no rorts of the like that we have seen in recent times by some prisoners. 
The final bill when it eventually comes through for the substantial legislation must still preserve those properly held rights especially those I have already mentioned. But it must also ensure that there is no abuse of those rights by prisoners. I think that does mean that there need to be some special rules in order to avoid inappropriate claims for compensation for mistreatment or for accident compensation. New Zealand First does adopt that position and is prepared therefore to consult with the Minister of Justice on those issues. I certainly welcome the undertaking given by the Minister to consult other parties on those matters because these are very difficult issues to sort out. We must be fair on the one hand—and I agree with the Green Party spokesman on this—that in fact prisoners can also be victims and on the other hand we must balance that with some sensible rules to make sure that the abuse of rights by prisoners is not possible because that is what the community expects of us. 
New Zealand First will want to make sure that the substantive legislation when it comes through is appropriate in restricting claims by prisoners because there is a case for that. On the other hand prisoners can also be victims and their rights must also be protected. As I have said already there is a balance to be held there. I think that it should be possible to get a consensus of all parties in the House if we look at it in that way—achieving an appropriate balance that protects rights on the one hand and on the other hand meets community expectations that prisoners will not be able to abuse those rights especially those giving rights to compensation whether it be for alleged mistreatment or whether it be for accident compensation. 
I think that is where the debate should be centred and that is the way New Zealand First will be looking at it. New Zealand First will welcome the consultation process that has been promised and welcome in the end the debate on genuine new legislation when it comes through based upon the facts when they are presented to us so that we know whether in fact this legislation is needed and what in fact is needed to rectify anything that is not happening as it should in the current situation. But for the time being New Zealand First will support the bill because it is simply a sunset extension bill and we look forward to the policy development work to be had in the coming year.