Turia Tariana: Prisoners’ and Victims’ Claims (Expiry and Application Dates) Amendment Bill — Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Turia Tariana: Prisoners’ and Victims’ Claims (Expiry and Application Dates) Amendment Bill — Second Reading In Committee Third Reading 
[Sitting date: 22 June 2010. Volume:664;Page:12065. Text is incorporated into the Bound Volume.] 
Hon TARIANA TURIA (Co-Leader—Maori Party) 
: 
 Tena koe Mr Deputy Speaker. Tena tatou katoa. I start off by stating up front that I am opposed to the victimisation of any people whether they are inside or outside of prison. 
On the global website called Restorative Justice Online 
there is an article that is entitled “Can prisoners also be victims? Promoting injustice through legislation.” The article is written by Kim Workman the very person who began the faith-based units in prisons that we have just heard spoken about by the Green Party. He was the head of prisons at the time of the Mangaroa assaults a period of time that Workman described as one of the most shameful incidents in the history of New Zealand’s prison system. He proceeds to discuss the situation that unfolded at Mangaroa Prison in January 1993 when three young inmates were systematically beaten and tortured by prison officers. The article is gruelling in its detail recalling the way in which the officers held the young men naked in outside exercise yards and used hit squads to repeatedly beat them over a 3-day period. We need to be thankful that none of those three were one of our own sons. The prisoners were initially denied access to health professionals for the injuries that they had sustained including bruising and cracked bones. Those 3 days from hell might have ended there. Fortunately they did not. An inquiry was initiated and it led to the dismissal of 12 prison staff but it was a long time coming. 
Over a decade later the 2004 United Nations Committee Against Torture reported the significant level of concern it had about the findings of the Ombudsman regarding investigations of alleged assaults on inmates the reluctance to confront such allegations promptly and the quality impartiality and credibility of investigations. Now 17 years later with the Prisoners’ and Victims’ Claims (Expiry and Application Dates) Amendment Bill we are still dealing with the after-effects of that initial assault at Mangaroa Prison and the subsequent introduction of the Prisoners’ and Victims’ Act 2005 which we heard the Hon Nanaia Mahuta speak about. 
Let us go back to those three young men in 1993. Those men continued to wait for an appropriate response to such a vicious assault for 7 long years. During that time some of the prison officers who had committed the criminal acts were re-employed within the prison system. Eventually the Crown accepted liability and paid compensation to those inmates for the injuries that they had suffered. The public reaction was intense intimidating and aggressive. The Minister of Justice at that time the Hon Phil Goff cast aspersions on the original incident by referring to it as an alleged assault and to the victims as a pack of scumbags. Suddenly the gates of hatred were unleashed. There were calls for the maximum use of custody and the maximum deprivation of liberty. The three prisoners who had been victims of the assault were described only in terms of their own offences. Members of the public claimed that because of their classification as offenders prisoners were no longer entitled to be treated with respect or decency. Letters to the editor urged the Government to make sure that prisoners not have the same rights as any other citizens who are victims of State brutality and violence. In essence there are two categories of New Zealanders: prisoners and everyone else. The overriding philosophy of that era was that prisoners should not have the same human rights as others in this country. They should certainly not be compensated because in many respects so the public record went they should be considered less than human. 
Like Mr Workman I consider the Mangaroa incident and the horrific backlash that followed when due compensation was awarded as one of the most shameful incidents in the history of New Zealand prisons. The 2005 Act further entrenched that shame this bill prolongs it and all the indications are that a further even more punitive bill is waiting in the wings. 
But there is still one fundamental question waiting to be addressed: what are we doing to address the abusive nature of a system that is supposedly meant to demonstrate justice? In responding to this bill the New Zealand Law Society endorsed the views of the Ministry of Justice that the best way of preventing future claims arising from breaches of prisoners’ human rights is to ensure that incidents leading to such claims are kept to an absolute minimum. I could not agree more. Justice is not about handing out punishments and inflicting numerous abuses upon a perpetrator for the rest of their living days. I am becoming increasingly worried about the relentless hostility of the public and political attitudes towards those who inhabit our prisons. Caritas Aotearoa - New Zealand told the Justice and Electoral Committee that “Denial of basic human dignity and revenge does not make for good legislation.” This view was endorsed by the Human Rights Commission who warned the select committee that “concern about the victims of crime should not override the importance of ensuring that prison conditions respect minimum human rights standards.” 
The United Nations Special Rapporteur on Torture in 2010 urged States to respect the right of victims to an effective remedy and reparation. The report recommended that each State party should ensure that the victim of an act of torture must be able to obtain redress and have an enforceable right to fair and adequate compensation including the means for as full rehabilitation as possible. The special rapporteur did not take the step of making an exception for those who are in prison to render them ineligible. 
What is the reason that we are taking such a harsh line here in Aotearoa? One of the signs of a mature and inclusive society would be the adoption of a less punitive criminal justice system. But if we were to read between the lines of this bill and all the discourse around it we would pick up a message that going to prison is no longer sufficient punishment on its own. Clearly a climate is developing amongst some parties in this House in favour of shifting the emphasis away from rehabilitation and humane treatment of prisoners to a lifelong sentence in which State brutality is permissible. 
There are victims beyond the victims who deserve to have a voice. There are always the children and family members waiting on the outside. They also suffer if their loved ones are subjected to any cruel inhuman or degrading treatment. 
Mr DEPUTY SPEAKER 
: I am sorry to interrupt the member. The levels of discussions that are going on are such that I am having difficulty hearing the Minister. We have lobbies if people want to go out and confer. I ask members to keep the noise level down because I think it is very unfair to the member speaking. 
Hon TARIANA TURIA 
: Our greatest fear is that this legislation will influence the prison environment to such an extent that inmates will be less likely to complain jails will become increasingly dangerous and that danger will go unchecked. The system must be refocused to consider the needs of families and communities and to abide by the common law standard. It would ensure that inmates are treated with some dignity. 
We are aware that Tony Ellis barrister has decided to make direct communication to the United Nations Committee Against Torture to Amnesty International and to the Association for the Prevention of Torture for injustices that were formalised in the Prisoners’ and Victims’ Claims Act 2005. He has also drawn attention to the fact that the Committee Against Torture recommended an inquiry in 2004 in respect of the claims laid by Chris Taunoa and others. 
We have a chance tonight to put things right and stop this ongoing abuse of power by the State. The Maori Party will not be supporting this bill. We believe that the bill does not work in the best interests of prisoners victims nor the common good. Tena koutou.