Mark Ron: Questions for Oral Answer — Questions to Ministers 
Mark Ron: Questions for Oral Answer — Questions to Ministers 
[Volume:609;Page:6685] 
8. RON MARK (NZ First) 
 to the  
Minister of Corrections 
: Is he satisfied that sentenced offenders are adequately screened for their suitability for home detention before it is granted? 
Hon PAUL SWAIN (Minister of Corrections) 
: 
 I am confident that the Community Probation Service has robust procedures in place to ensure that the New Zealand Parole Board has relevant information to assist it in making decisions on home detention. 
Ron Mark 
: Can the Minister tell the House which of the following offences committed by Delaney Mark Temara make him suitable for home detention: using a loaded firearm against police assaulting a female assaulting prison officers intimidating a court witness by hanging her dog on a clothes line and slitting its throat stabbing two counts of aggravated robbery burglaries and wilful damage—or have I missed some endearing quality that has rendered that violent criminal as being worthy of home detention? 
Hon PAUL SWAIN 
: Of course I cannot comment on a specific case but what I can say to the member is that the procedures in place for the probation service to provide information to the Parole Board are robust. The Parole Board is the body that makes the decision and it is an independent organisation. 
Rt Hon Winston Peters 
: I raise a point of order Mr Speaker. Why can this Minister not comment upon a specific case? It is not a matter of things being sub judice. The person has gone to trial. This is about a matter of home detention for which this Minister has responsibility. 
Mr SPEAKER 
: The Minister does not have the details. He is perfectly entitled to give that response. 
Rt Hon Winston Peters 
: I raise a further point of order Mr Speaker. That Minister said: “I can’t comment on a specific case.” It is not a question of whether he has the details; he clearly implied to this House that it was not a matter that he could comment on from a legal or other restrictive point of view. That is what he said and I ask why he is constrained from talking on this case because he is the Minister responsible. 
Mr SPEAKER 
: The member’s point is not valid. 
Georgina Beyer 
: What matters are required to be covered by the Community Probation Service when reporting to the Parole Board about an application for home detention? 
Hon PAUL SWAIN 
: The report must cover matters listed in the Parole Act—namely the likelihood of an offender committing more offences while on home detention the nature of the offence or offences the welfare of the offender and the safety and welfare of occupants in the residence where the offender is to be detained. 
Hon Tony Ryall 
: How can the Minister stand by his comment that the Community Probation Service provides robust information to the Parole Board when it was the Community Probation Service that recommended that a man who went to jail for beating his wife so badly he had to give her cardiopulmonary resuscitation to keep her alive can serve out part of his sentence on home detention with the woman he originally bashed only to bash her again within weeks of his release on home detention recommended by that Community Probation Service which he says provides robust information to the Parole Board? 
Hon PAUL SWAIN 
: As I pointed out the Parole Board makes the decision not the Community Probation Service. The Community Probation Service is not the only organisation that provides information to the Parole Board. It is the Parole Board that makes the independent decision on the information it has before it. 
Stephen Franks 
: Precisely how does the probation service or any other corrections officer measure risk to the community when offenders are released given that the Minister’s Government thinks that Michael Carroll a five-time rapist with an assessed two-out-of-three chance of seriously reoffending within 5 years and with the second most dangerous prison security classification is not an undue risk to the safety of the people he was placed amongst; and if the Minister will not deal with a particular case can he tell us precisely which rule or Standing Order he is hiding behind in not giving answers to the House? 
Hon PAUL SWAIN 
: As I said the Parole Board which is an independent organisation makes the decision. The probation service provides information but it is not the only information that the Parole Board uses to make its decision. 
Ron Mark 
: Why when police officers’ lives were imperilled while apprehending this dangerous offender when witnesses were subject to horrific intimidation and then suffered amnesia when questioned in the court is this Government allowing offenders like Delaney Mark Temara the privilege of home detention? 
Hon PAUL SWAIN 
: As the member knows home detention has had a lot of support in the House—actually it was introduced by the previous National Government. It is supported because it has a very very good record in terms of reoffending compared with imprisonment. As that member knows the Community Probation Service provides information but ultimately the decision is made by the independent Parole Board. 
Rt Hon Winston Peters 
: Is the Minister aware that this violent thug is permitted to go shopping on Fridays in Christchurch and to attend carving instruction Monday to Thursday at a venue other than where he resides and why does the Minister persist in the use of the term “home detention” when it is obvious that it is neither detention nor at home and how does the Minister ensure that this man is taking his psychiatric medication as well? 
Hon PAUL SWAIN 
: No I am not aware of that particular case but I am aware that there are a number of phases under home detention which that member supported when he was in the Government. 
Mr SPEAKER 
: The last part of that answer was unnecessary. The member should withdraw it. 
Hon PAUL SWAIN 
: I withdraw. 
Ron Mark 
: I seek the leave of the House to table some documents. The first is a document relating to Delaney Mark Temara and his home detention. 
Document not tabled. 
Ron Mark 
: I seek the leave of the House to table a number of reports published at the time that Delaney Mark Temara was tried in May 2000. 
Mr SPEAKER 
: Leave is sought to table those documents. Are they press releases? 
Ron Mark 
: No they are press reports. 
Mr SPEAKER 
: Is there any objection? There is objection.