Mark Ron: Questions for Oral Answer — Questions to Ministers 
Mark Ron: Questions for Oral Answer — Questions to Ministers 
[Volume:616;Page:11918] 
9.  
RON MARK (NZ First) 
 to the  
Minister of Corrections 
: Has he received any advice regarding the liability risks posed by legislating within the Corrections Bill that the Department of Corrections must devise individual management plans and rehabilitation programmes for prisoners; if so what information has he received? 
Hon PAUL SWAIN (Minister of Corrections) 
: 
 I am advised that some liability risk was identified in the early stages of the development of the Corrections Bill. However those risks have been addressed by the inclusion in the bill of a requirement for the department to provide rehabilitative programmes “when reasonable and practicable in the circumstances and within the resources available”. 
Ron Mark 
: Is he aware that clauses 49 50 and 51 of the Corrections Bill have increased the risk to the Department of Corrections of litigation from not only a released offender but potentially from any ensuing victim of a released offender; if so what is he doing to alleviate those identified risks? 
Mr SPEAKER 
: The Minister cannot be asked to give a legal opinion but he may comment on the issue if he wishes. 
Hon PAUL SWAIN 
: I shall not be offering a legal opinion. However I can say that those matters were addressed as part of the development of the bill. The inclusion of the words I have read out substantially addresses those risks. 
Russell Fairbrother 
: Why is the new corrections legislation required? 
Hon PAUL SWAIN 
: The current Penal Institutions Act is now 50 years old and does not reflect modern policies and practices—in particular that rehabilitation and reintegration have a place alongside containment and security. It also needs to be compatible with other criminal justice reforms passed recently—for example the Sentencing Act the Parole Act and the Victims Rights Act. The current Penal Institutions Act has been frequently amended and is now in need of major revision. 
Marc Alexander 
: What evidence can the Minister provide to back up his claim in Parliament yesterday during question time that “… the reality is that the integrated offender management system is proving to be very successful” when reoffending rates have shown little signs of movement from an 87 percent recidivism rate within 5 years and increased use of home detention is obscuring the real rate of reoffending? 
Hon PAUL SWAIN 
: One of the sources of information is page 36 of the department’s annual report. If the member would care to look at that it would tell him that allowing for a 1-year follow-up period after release from prison reconviction rates have declined from 43.5 percent of all offenders in 2000-01 to 39.7 percent in 2001-02. I think the Department of Corrections is doing a fabulous job in very difficult circumstances. 
Ron Mark 
: Does he realise that the Corrections Bill in its current form potentially creates a liability risk that could be described as “notoriously uncertain” and that the bill lacks predictability in its application of broadly framed rules to particular cases and therefore “materially increases the chances of successful claims against the Crown”; if not why not? 
Hon PAUL SWAIN 
: No I do not accept that. I have already advised the member that those issues were looked at in the development of the bill. It has been through the select committee process which the member might have been a part of. Wording has been added and we now have legislation that should stand the test of time. 
Marc Alexander 
: Can the Minister advise the House whether given the implied legislative right of prison inmates under clauses 49 50 and 51 of his Corrections Bill to receive prompt assessment individualised management plans and rehabilitative programmes he would consider returning the bill to the Law and Order Committee to reassess these liabilities; if not why not? 
Hon PAUL SWAIN 
: No. The select committee had a long period of time looking into this and I am satisfied with the work that has been done. I hope the member will support the fact that a lot of work goes into rehabilitating offenders when they are in prison in order to be able to reduce their reoffending when they come out. I hope the member will support that. After all it is one of the things he has been calling for. 
Ron Mark 
: I seek leave to table a legal opinion from Chapman Tripp on the Corrections Bill—specifically on assessment management plans and rehabilitative programmes. 
Document by leave laid on the Table of the House.