edithatogo/nz-hansard-corpus huggingface dataset:
Goudie Sandra: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Goudie Sandra: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8193. Text is incorporated into the Bound Volume.] 
SANDRA GOUDIE (National—Coromandel) 
: 
 I am delighted to speak in the third reading debate on the Corrections (Use of Court Cells) Amendment Bill. It is a very sensible bill and of course one that is supported by Opposition members. One would not think so though from all their rhetoric. To give members a little bit of background 10 blocks of court cells—that is 111 cells—are currently gazetted as being part of Department of Corrections prisons. However using the cells to house overflow prisoners is subject to section 9 of the Resource Management Act which includes a requirement to comply with the rules of district plans. How many people would have any idea that the rules of district plans had some jurisdiction in regard to cells? I think this bill is a very sensible move to remedy that anomaly in the legislation. I commend the Minister of Corrections for bringing it before the House. I am delighted that it is done and dusted and will be enacted in due course.
Mallard Trevor: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Mallard Trevor: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8193. Text is incorporated into the Bound Volume.] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I have been stimulated by the member opposite Shane Ardern to make a speech which I was not going to do. The Corrections (Use of Court Cells) Amendment Bill is about the use of court cells. The vast majority of that speech was about prisons why they are open and why they are not open. I have never heard of a local member so ignorant about the reason for a prison closure in his own electorate. There were complaints from his electorate. There was complaint after complaint about the Ohura Prison and the effect it was having on the local sewerage system which was not working. Stuff flowed down the streets whenever the water levels of the Ohura River came up. Complaints were made to the local member. The previous Labour Government had the choice of putting in a $12 million sewerage scheme an extra scheme that was unnecessary or picking up the prison and taking it to Rangipo. 
I think I know why that member is complaining. We know that Ohura Prison was known as the gentlemen’s prison. It was the prison that was out in the country. There was no perimeter fence. It was a holiday camp. It was not locked at night. I think the reason the member did not want it to shift to Rangipo was that it was just too far for him to visit his mates. It was too far for him to go and visit his gentleman mates who had been held in the gentlemen’s prison at Ohura. It was a very low security prison. What has happened? The logical thing has happened. The buildings have been picked up and shifted across to Rangipo. That means that fewer court cells have to be used.
Ardern Shane: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Ardern Shane: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8187. Text is incorporated into the Bound Volume.] 
SHANE ARDERN (National—Taranaki - King Country) 
: 
 I move  
That the question be now put 
.
Foss Craig: Taxation (Consequential Rate Alignment and Remedial Matters) Bill — In Committee Third Reading 
Text is incorporated into the Bound Volume 
Foss Craig: Taxation (Consequential Rate Alignment and Remedial Matters) Bill — In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8245. Text is incorporated into the Bound Volume.] 
CRAIG FOSS (National—Tukituki) 
: 
 It is tempting but I will not take the previous speaker’s bait. I will speak briefly and pick up on the acknowledgment and thanks of the Minister of Revenue and the previous speaker to all those who got the Taxation (Consequential Rate Alignment and Remedial Matters) Bill to its third reading. I also acknowledge the cooperation of members and parties in facilitating the bill’s progress through the House tonight to the third reading. 
Most of the issues were discussed during the second reading and as the previous speaker also noted there was consensus all round on this particular bill. I thank the Minister for his continuing with the general tidying-up cleaning up modernisation and synchronisation of our various tax laws and regulations within New Zealand. He is keeping a constant eye on the big picture and of course a constant eye on what is going on in Australia when carrying out the reviews that our various pieces of legislation must undergo. There is also a reflection on modern technology by hopefully saving the taxpayer a few stamps with the 100000 mail-outs per day from the Inland Revenue Department. I say that is absolutely unbelievable. I think the person who will not like that is interestingly the new appointee to New Zealand Post who might have somewhat of an interest in the issue. 
National commends the bill to the House. Again as Finance and Expenditure Committee chair I acknowledge the officials and advisers who got us to this point. I will pick up on the point that other members have made that the committee worked very well together to come up with solutions or amendments to the bill that were accepted by officials and by the Minister and his colleagues. It is a great example of good process and long may it continue.
Vote: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Vote: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8174. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the Corrections (Use of Court Cells) Amendment Bill be now read a second time. 
Ayes 112 
New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Maori Party 4; Progressive 1; United Future 1. 
Noes 9 
Green Party 9. 
Bill read a second time.
Smith Nick: Questions for Oral Answer — Questions to Ministers 
Text is incorporated into the Bound Volume 
Smith Nick: Questions for Oral Answer — Questions to Ministers 
[Sitting date: 24 November 2009. Volume:659;Page:8210. Text is incorporated into the Bound Volume.] 
Hon Dr NICK SMITH (Minister for Climate Change Issues) 
: 
 I seek leave to table a formal statement from the National Institute of Water and Atmospheric Research and its scientist Dr David Wratt in response to the question from Mr Rodney Hide earlier that I did not have the answer to. 
Mr SPEAKER 
: Leave is sought to table that document. Is there any objection? There is no objection. 
Document by leave laid on the Table of the House.
Boscawen John: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Boscawen John: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8169. Text is incorporated into the Bound Volume.] 
JOHN BOSCAWEN (ACT) 
: 
 I had not been intending to take a call in this debate. I will be very brief. I will make three points. First I have never heard such a load of rubbish in my life. Carmel Sepuloni has just said that the Labour Party is voting for the Corrections (Use of Court Cells) Amendment Bill because the Government is in crisis. Well I invite Labour members to vote against the bill. Because the ACT Party supports the bill it will be passed into law whether or not the Labour Party supports it. The Government does not need Labour’s support. It is welcome to give it. It is a good bill. But I have never heard such a load of rubbish in my life. Thank you.
Goudie Sandra: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Goudie Sandra: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8167. Text is incorporated into the Bound Volume.] 
SANDRA GOUDIE (National—Coromandel) 
: 
 Is it any wonder that I tried to take a premature call after Clayton Cosgrove’s address? The previous Government never did do anything about the drivers of crime. This legislation is a new initiative from this new National Government which will make—and is currently making—a difference just by the fact that we have started that whole process of addressing the drivers of crime. While we are looking at the drivers of crime we are also making sure that New Zealanders feel safe in their beds and in their homes. 
This Corrections (Use of Court Cells) Amendment Bill is a sensible solution. You know Opposition members think it is a sensible solution because they are supporting it so we have to wonder what on earth they are rabbiting on about in the House. They are raving on in the House when it is quite a simple straightforward bill and when they are supporting it. 
I will cover a couple of matters in regard to the bill. Clause 3 states: “This Act amends the Corrections Act 2004.” Clause 4 amends section 32 by inserting new subsection (2A) which ensures that if a cell block is declared by notice in the  
Gazette  
to be part of a corrections prison then section 9 of the Resource Management Act will not prevent that cell block being used to detain prisoners. That provision is pretty sensible and the Opposition must think it is pretty sensible otherwise it would not be supporting it. So that is great; everybody is in accord. 
Clause 5(2) makes a consequential amendment to section 4 of the Resource Management Act to signal that “Section 9 does not apply to the detention of prisoners in a court cell block that is declared by notice in the  
Gazette  
to be part of a corrections prison.’ ”. So I can see no reason why there is so much kerfuffle by the Opposition when it is supporting this bill. That kerfuffle is just bombast on its part.
Parker David: Questions for Oral Answer — Questions to Ministers 
Text is incorporated into the Bound Volume 
Parker David: Questions for Oral Answer — Questions to Ministers 
[Sitting date: 24 November 2009. Volume:659;Page:8209. Text is incorporated into the Bound Volume.] 
Hon DAVID PARKER (Labour) 
: 
 I raise a point of order Mr Speaker. Given that the Minister of Finance and the Associate Minister of Finance are away I seek leave to hold over my question until the next day the Minister of Finance is available. 
Mr SPEAKER 
: Leave is sought for that course of action. Is there any objection? There is objection.
Goodhew Jo: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Goodhew Jo: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8174. Text is incorporated into the Bound Volume.] 
JO GOODHEW (Junior Whip—National) 
: 
 I seek leave for the Committee on the Corrections (Use of Court Cells) Amendment Bill to take the bill as one question. 
The CHAIRPERSON (Hon Rick Barker) 
: Leave is sought to take the bill as a single question. Is there any objection to that course of action being followed? There is no objection. We will take the bill as a single question.
Finlayson Christopher: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Finlayson Christopher: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8164. Text is incorporated into the Bound Volume.] 
Hon CHRISTOPHER FINLAYSON (Attorney-General) 
 on behalf of the  
Minister of Corrections 
: I move  
That the Corrections (Use of Court Cells) Amendment Bill be now read a second time 
. I begin by thanking the various officials who have worked on this issue and on the bill that is now before the House. They have provided valuable support in ensuring that the Government’s priorities of ensuring public safety and providing value for money are reflected in the approach that is being taken. Those priorities are reflected also in the commitment the Government has shown to improving the provision of drug and alcohol treatment in prisons and to improving the provision of education in prisons particularly in literacy and numeracy. 
In the long term those measures—coupled with the various other initiatives in the justice sector being promoted particularly by the Minister of Justice—will reduce the growth of the prison population. Reducing the rate of growth of the prison population is the Government’s preferred long-term approach to the corrections portfolio. However in the short term measures to increase capacity in the prison system and the flexibility of the prison system such as those in the bill currently before the House are necessary to ensure that public safety is preserved. 
This bill allows the use of court cells that have been gazetted as parts of corrections prisons notwithstanding the provisions of local district plans. It addresses an anomaly that was identified by the previous Government and provides increased flexibility in managing the increasing prison population. I commend the bill to the House.
Vote: Crimes (Provocation Repeal) Amendment Bill — Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Vote: Crimes (Provocation Repeal) Amendment Bill — Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8275. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the Crimes (Provocation Repeal) Amendment Bill be now read a third time. 
Ayes 116 
New Zealand National 58; New Zealand Labour 43; Green Party 9; Maori Party 4; Progressive 1; United Future 1. 
Noes 5 
ACT New Zealand 5. 
Bill read a third time. 
The result corrected after originally being announced as Ayes 116 Noes 4.
Tremain Chris: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Tremain Chris: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8188. Text is incorporated into the Bound Volume.] 
CHRIS TREMAIN (Senior Whip—National) 
: 
 I move  
That the question be now put 
.
Carter Chris: Border (Customs Excise and Tariff) Processing Bill — Second Reading In Committee 
Text is incorporated into the Bound Volume 
Carter Chris: Border (Customs Excise and Tariff) Processing Bill — Second Reading In Committee 
[Sitting date: 24 November 2009. Volume:659;Page:8231. Text is incorporated into the Bound Volume.] 
Hon CHRIS CARTER (Labour—Te Atatu) 
: 
 I appreciate the Minister in the chair the Hon Maurice Williamson making some points on the Border (Customs Excise and Tariff) Processing Bill and reminding us again that biosecurity staff have been cut. I hope that he as a person who is partly responsible for the security of our borders with immigration and customs was a strong lobbyist to see that biosecurity did not lose 50 workers and over $4 million because I am sure Mr Williamson like all New Zealanders wants to see our borders safe and secure especially as he has partial responsibility for them. He made some good points about SmartGate and about the work that customs and immigration are doing. 
I seek an assurance from the Minister that some of the practices that have not been very fair—in fact that have been quite discriminatory by particularly immigration—will be dealt with. For 6 years I was the Minister for Ethnic Affairs and on a number of occasions during that time I and my colleague Nanaia Mahuta—and prior to that Rick Barker—met with different migrant communities to reassure them that racial profiling was not taking place via customs and immigration officers because a large number of cases were brought to us. To be absolutely fair to the chief executives of the Immigration Service and the Customs Service I tell members that they engaged with these communities. 
However only a month or so ago I received a delegation of Pakistani New Zealanders who raised the case of a young Pakistani man in Auckland who had been through New Zealand immigration several times in the last year. He has just graduated as a nurse and got permanent residency as a result making a contribution to our country as a firm and committed New Zealander—or a person seeking to become a New Zealander. He was plucked out of a queue just a month ago taken in for 3½ hours and subjected to a lot of questioning and a lot of rude and abusive behaviour while his partner was waiting for him on the other side unable to access any information about this young man. Sadly I have to say to the Minister that in the 6 years I served as ethnic affairs Minister this was not a unique case. I thought we had dealt with these cases but this case was just a month ago. 
Hopefully this technology will make sure that there is no more of that racial profiling. Sure we have to keep our borders safe but at the same time people who are New Zealand residents should not be subject to 3½ hours of intensive rude and aggressive questioning while their families are waiting to see them.
Calder Cam: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Calder Cam: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8160. Text is incorporated into the Bound Volume.] 
Dr CAM CALDER (National) 
: 
 It is a privilege to take a call and speak on this bill the Corrections (Use of Court Cells) Amendment Bill. National campaigned on improving safety in our communities and we are addressing this issue with a raft of measures. This bill is part of keeping that pledge. 
The New Zealand prison population has steadily increased over the last 10 years. Why is this? One of the drivers was an increase of over 40 percent in the number of violent offenders. I will say that again. There was an increase of over 40 percent in the number of violent offenders over the last 10 years and of course a concomitant higher proportion of convicted offenders sentenced to imprisonment. Equally there has been a disproportionately large growth in the remand prison population. 
This Government is trying to lift New Zealand’s performance across all sectors. To do this we are open-minded and we welcome innovation and fresh thinking. We have said sayonara to the dogma-driven policies of the late unlamented Labour administration. Those policies led to a 40 percent increase in violent crime and to inadequate accommodation to house the convicted offenders. We have heard from the Hon Clayton Cosgrove about the fact that Labour attempted to address the problem. We accept that but Labour failed. It became a terminally tired administration that deteriorated to become little more than a loquacious lobby for lassitude languor and inaction. This bill is necessary as a result of that legacy of supervised neglect. 
The National-led Government has inherited a rising prison muster and a concomitant imminent shortfall in accommodation owing to inadequate funding by the Labour Government. This bill is necessary to ensure we can provide safe temporary accommodation for offenders. I commend this bill to the House.
Tremain Chris: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Tremain Chris: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8189. Text is incorporated into the Bound Volume.] 
CHRIS TREMAIN (National—Napier) 
: 
 I move  
That the question be now put 
. 
Motion agreed to.
Vote: Crimes (Provocation Repeal) Amendment Bill — Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Vote: Crimes (Provocation Repeal) Amendment Bill — Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8258. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the Crimes (Provocation Repeal) Amendment Bill be now read a second time. 
Ayes 116 
New Zealand National 58; New Zealand Labour 43; Green Party 9; Maori Party 4; Progressive 1; United Future 1. 
Noes 5 
ACT New Zealand 5. 
Bill read a second time.
Ardern Shane: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Ardern Shane: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8157. Text is incorporated into the Bound Volume.] 
SHANE ARDERN (National—Taranaki - King Country) 
: 
 I thank the Assistant Speaker because my electorate Taranaki - King Country has a very long title. I am proud of the fact that the Assistant Speaker has been able to pronounce it correctly and say it from beginning to end. 
I rise in support of the Corrections (Use of Court Cells) Amendment Bill and there is a very good reason for that. I was reminded of it by the Hon Trevor Mallard who like my colleague David Garrett who has just resumed his seat asked why we are doing this. The Hon Tony Ryall as the Hon Trevor Mallard pointed out to us highlighted this concern in 2005. We had a further 3½ years of Labour from the time that that point was made and nothing was done. The prison population continued to grow and no new prisons were built. I do not think anybody in the House will argue that it is an ideal situation to use police cells court cells or any other cells as prison accommodation on a long-term basis but this is an emergency situation there are more prisoners than there are cells and there are empty cells in these facilities. That is the reason behind the bill. 
Many have spoken about what the bill does. It amends a number of Acts including the Resource Management Act. It allows for this to take place without having to go through the normal process once the legislation has been gazetted. As far as National is concerned this is a short-term fix and help is on its way. Members can be assured of that. It is a very good move in the short-term and that is why we are supporting it.
Garrett David: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Garrett David: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8157. Text is incorporated into the Bound Volume.] 
DAVID GARRETT (ACT) 
: 
 It is no surprise that the Greens are opposing the Corrections (Use of Court Cells) Amendment Bill just as they have opposed every single law and order bill that has been brought before the House. Comrade David Clendon has learnt very fast to toe the party line along with the rest. I say to Mr Clendon that I do not know what the reality is on Planet Gaia but people do not actually go to jail in this country for minor offending. He should go and look. 
One of the most interesting parts of the debate was what Mr Mallard said. I have heard the suggestion of putting prisoners on an island many times but I have never ever heard it from the Labour Opposition. So I was very intrigued to hear that Mr Mallard thought that one solution would be tents on Stewart Island as a temporary measure. 
Hon Clayton Cosgrove 
: What about Hawaii? What about Honolulu? 
DAVID GARRETT 
: As Mr Cosgrove is aware I have actually seen tent jails over in Arizona and they seem to work fairly well. I welcome Mr Mallard’s openness of thinking and his willingness to consider what has in the past been dismissed as total red-neckery. I congratulate Mr Mallard for that breadth that openness and that willingness to consider innovative solutions to problems. 
No one will argue and I certainly will not that long-term or even regular incarceration in court cells is a good idea. Of course it is not. But everyone over on the other side of the House has seemingly forgotten that—if I recall correctly not so long ago—prisoners were held in prison vans outside police stations and courts because there was nowhere else to hold them. I would be very surprised to hear anyone argue even on Planet Gaia that incarceration in prison vans is a good idea. 
This is a sensible measure. It will not normalise the use of court cells. I say to Mr Clendon that the sky will not fall. We will not have every court cell in the country full of prisoners. But in emergency situations it is sensible and indeed humane that prisoners be held in court cells with running water rather than in a van outside. We will be supporting the bill.
Vote: Corrections (Use of Court Cells) Amendment Bill — Third Reading 
Text is incorporated into the Bound Volume 
Vote: Corrections (Use of Court Cells) Amendment Bill — Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8220. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the Corrections (Use of Court Cells) Amendment Bill be now read a third time. 
Ayes 112 
New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Maori Party 4; Progressive 1; United Future 1. 
Noes 9 
Green Party 9. 
Bill read a third time.
Goudie Sandra: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Goudie Sandra: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8152. Text is incorporated into the Bound Volume.] 
SANDRA GOUDIE (National—Coromandel) 
: 
 I am delighted to be able to speak in support of the Corrections (Use of Court Cells) Amendment Bill and I commend the Minister of Corrections the Hon Judith Collins for bringing it to the House to correct the anomaly that she referred to in her address. 
The prison system is under pressure and although we work very very hard and with a great deal of success under the Minister’s leadership and with the Minister of Justice the Hon Simon Power to keep our community safe and deal with the drivers of crime to keep our people out of prisons we need to make sure that in the interim we have some fall-back positions and that is exactly what this bill provides. I am delighted to be able to speak in support of it and commend it to the House.
Bakshi Kanwaljit Singh: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Bakshi Kanwaljit Singh: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8174. Text is incorporated into the Bound Volume.] 
KANWALJIT SINGH BAKSHI (National) 
: 
 I stand in support of the Corrections (Use of Court Cells) Amendment Bill. First of all I would like to tell Dr Rajen Prasad that Indians do love this Government and really welcomed us. They were really disappointed that the last Government did not do anything about violence or anything about crime. This bill provides for the Department of Corrections to imprison prisoners temporarily in court cells. Court cell blocks have basic facilities and an extended period of detention in such conditions would compromise prisoners’ rights to humane treatment. In order to ensure that all prisoners are treated humanely and receive the statutory minimum entitlement it is proposed that an amendment to the Corrections Act limit to 4 days the length of detention in a court cell. Prisoners under the age of 18 years and disabled prisoners will not be accommodated in court cells. I commend this bill to the House.
Mallard Trevor: Questions for Oral Answer — Questions to Ministers 
Text is incorporated into the Bound Volume 
Mallard Trevor: Questions for Oral Answer — Questions to Ministers 
[Sitting date: 24 November 2009. Volume:659;Page:8217. Text is incorporated into the Bound Volume.] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 During question No. 3 Ms Tolley indicated that she would provide information to me. I ask whether the rule that applies to the tabling of information which is that it is to be done by the end of the sitting day applies here or is that not the case? 
Mr SPEAKER 
: No it is not—nice try. I am sure the member knows that it is not. It is up to the Minister to follow up on that matter.
Vote: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Vote: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8164. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the Corrections (Use of Court Cells) Amendment Bill be now read a first time. 
Ayes 112 
New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Maori Party 4; Progressive 1; United Future 1. 
Noes 9 
Green Party 9. 
Bill read a first time.
Flavell Te Ururoa: Crimes (Provocation Repeal) Amendment Bill — Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Flavell Te Ururoa: Crimes (Provocation Repeal) Amendment Bill — Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8265. Text is incorporated into the Bound Volume.] 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 I seek leave of the Committee to change the vote. I have just checked with our people. I would like to change the Maori Party’s vote. 
The CHAIRPERSON (Lindsay Tisch) 
: Leave is sought to change the Maori Party’s vote to 4 votes in favour. Is there any objection? There is no objection. I will declare the result again. The result now is that the Ayes are 116 and the Noes 5 and the motion is agreed to. 
House resumed. 
Bill reported without amendment.
Vote: Corrections (Contract Management of Prisons) Amendment Bill — Third Reading 
Text is incorporated into the Bound Volume 
Vote: Corrections (Contract Management of Prisons) Amendment Bill — Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8150. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the Corrections (Contract Management of Prisons) Amendment Bill be now read a third time. 
Ayes 68 
New Zealand National 58; ACT New Zealand 5; Maori Party 4; United Future 1. 
Noes 53 
New Zealand Labour 43; Green Party 9; Progressive 1. 
Bill read a third time.
te Heuheu Georgina: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
te Heuheu Georgina: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8189. Text is incorporated into the Bound Volume.] 
Hon GEORGINA TE HEUHEU (Acting Minister of Corrections) 
: I move  
That the Corrections (Use of Court Cells) Amendment Bill be now read a third time 
. This bill makes one amendment to the Corrections Act and a consequential amendment to the Resource Management Act. This bill will provide the Government with increased flexibility in its response to the growing prison population. This bill is part of a range of measures both short term and long term that the Government is introducing to help manage the growth of the prison population. Passing the bill before the House rises on 22 December will mean that the changes in this bill can be put in place in time to be used in the new year if necessary. I commend the bill to the House.
Borrows Chester: Crimes (Provocation Repeal) Amendment Bill — Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Borrows Chester: Crimes (Provocation Repeal) Amendment Bill — Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8249. Text is incorporated into the Bound Volume.] 
CHESTER BORROWS (National—Whanganui) 
: 
 I am pleased to be able to take a call in respect of the Crimes (Provocation Repeal) Amendment Bill because it is the timely removal of a partial defence of provocation which no longer really has any applicability in our law. The reason it was initially installed within the law was that there was a death penalty so it was a way that somebody who might have brought about what some would say was a justifiable or excusable homicide to some degree was able to be accommodated within the sentence i.e. manslaughter for killing another human being. Some years ago the Crown moved to take away firstly the death penalty later on mandatory life imprisonment for someone convicted of murder and then the presumption of a 10-year sentence. This is the time for the defence of provocation to go. 
We can imagine a scenario where a person we can all relate to—for instance a parent coming on to a scene where his or her child has been assaulted or abused in some way—loses his or her rag as some would say colloquially and kills the offender. Some would argue that that should be excused in some way. I think that in this country we need to acknowledge homicide for what it is the killing of one person by another and murder as the intentional killing of one person by another. If someone kills somebody and intended to kill somebody regardless of the circumstances there is a name for that offence and it is called murder. 
Allowing the sentencing judge to take account of provocation at the time of sentencing is the most appropriate course for the courts to be able to take in respect of that. We have seen for instance in the last couple of years a failed suicide pact. An elderly gentleman who had brought about the death of his wife and had then failed in his attempt to kill himself survived was charged with murder pleaded guilty because he quite rightly said to the court that he did intend to bring about the death of his wife and was sentenced to a community-based sentence of home detention because he was not seen as a threat to anybody else in the community and nobody could argue that that was not the correct penalty and did not correctly fit the crime. 
It is a shame that the legislation has taken so long to get here. The barriers to provocation having been removed as a partial defence to murder have been lifted for about 4 years now. It is unfortunate that the previous Government was distracted with a different agenda but I am pleased to see that we have wide support from across the House for this legislation. I commend it to the House. It is timely that this now passes into law.
Voting — Correction—Crimes (Provocation Repeal) Amendment Bill 
Text is incorporated into the Bound Volume 
Voting — Correction—Crimes (Provocation Repeal) Amendment Bill 
[Sitting date: 24 November 2009. Volume:659;Page:8277. Text is incorporated into the Bound Volume.] 
Voting 
Correction—Crimes (Provocation Repeal) Amendment Bill 
DAVID GARRETT (ACT) 
: 
 I regret having to rise to do this but I seek leave to alter our vote on the third reading of the Crimes (Provocation Repeal) Amendment Bill. 
Mr DEPUTY SPEAKER 
: I will accept the member’s point of order. Can the member tell us what he wants to do? 
DAVID GARRETT 
: I was under the impression that we were permitted to cast only four votes but I have now learnt that we have sufficient number of members within the precincts to cast five votes against the third reading of the bill. 
Mr DEPUTY SPEAKER 
: Leave is sought to alter the ACT Party vote against the Crimes (Provocation Repeal) Amendment Bill from four votes to five votes. Is there any objection to that course of action being taken? There is no objection. We will alter the record. The Ayes are 116 the Noes are 5.
Goudie Sandra: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
Text is incorporated into the Bound Volume 
Goudie Sandra: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8131. Text is incorporated into the Bound Volume.] 
SANDRA GOUDIE (National—Coromandel) 
: 
 I am delighted to be speaking on the third reading of the Corrections (Contract Management of Prisons) Amendment Bill. That is exactly what the bill is about: contracting out just the management of prisons. It is about innovation new ideas and great leadership that provides great outcomes. That is the sort of leadership that National is providing and that is the sort of leadership that we are getting under a new Minister of Corrections who is actually making a difference in corrections which is long overdue. 
I commend my Law and Order Committee colleagues the select committee staff and also the officials who did an outstanding job in meeting the many demands placed upon them during the progress of the bill. I am delighted that we are supporting this bill that it is coming to the end of its duration in Parliament and that it will very soon be an Act.
Vote: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
Text is incorporated into the Bound Volume 
Vote: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8127. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the report be adopted. 
Ayes 69 
New Zealand National 58; ACT New Zealand 5; Maori Party 5; United Future 1. 
Noes 53 
New Zealand Labour 43; Green Party 9; Progressive 1. 
Report adopted.
Roy Eric: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
Text is incorporated into the Bound Volume 
Roy Eric: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8126. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (Eric Roy) 
: I move  
That the report be adopted 
.
Vote: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
Text is incorporated into the Bound Volume 
Vote: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8126. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That clause 3 be agreed to.  
Ayes 69 
New Zealand National 58; ACT New Zealand 5; Maori Party 5; United Future 1. 
Noes 53 
New Zealand Labour 43; Green Party 9; Progressive 1. 
Clause 3 agreed to. 
House resumed. 
Bill reported without amendment.
Vote: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
Text is incorporated into the Bound Volume 
Vote: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8126. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That clause 2 be agreed to.  
Ayes 69 
New Zealand National 58; ACT New Zealand 5; Maori Party 5; United Future 1. 
Noes 53 
New Zealand Labour 43; Green Party 9; Progressive 1. 
Clause 2 agreed to.
Vote: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
Text is incorporated into the Bound Volume 
Vote: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8126. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That clause 1 be agreed to.  
Ayes 69 
New Zealand National 58; ACT New Zealand 5; Maori Party 5; United Future 1. 
Noes 53 
New Zealand Labour 43; Green Party 9; Progressive 1. 
Clause 1 agreed to.
Vote: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
Text is incorporated into the Bound Volume 
Vote: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8126. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the schedule be agreed to. 
Ayes 69 
New Zealand National 58; ACT New Zealand 5; Maori Party 5; United Future 1. 
Noes 53 
New Zealand Labour 43; Green Party 9; Progressive 1. 
Schedule agreed to.
Vote: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
Text is incorporated into the Bound Volume 
Vote: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8126. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That Part 2 be agreed to. 
Ayes 69 
New Zealand National 58; ACT New Zealand 5; Maori Party 5; United Future 1. 
Noes 53 
New Zealand Labour 43; Green Party 9; Progressive 1. 
Part 2 agreed to.
Vote: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
Text is incorporated into the Bound Volume 
Vote: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8126. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the question be now put. 
Ayes 69 
New Zealand National 58; ACT New Zealand 5; Maori Party 5; United Future 1. 
Noes 53 
New Zealand Labour 43; Green Party 9; Progressive 1. 
Motion agreed to.
Tremain Chris: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
Text is incorporated into the Bound Volume 
Tremain Chris: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8125. Text is incorporated into the Bound Volume.] 
CHRIS TREMAIN (Senior Whip—National) 
: 
 I move  
That the question be now put 
.
Douglas Roger: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
Text is incorporated into the Bound Volume 
Douglas Roger: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8120. Text is incorporated into the Bound Volume.] 
Hon Sir ROGER DOUGLAS (ACT) 
: 
 I came down to the Chamber and I was not inclined to say anything on this Corrections (Contract Management of Prisons) Amendment Bill but in a way I could not help myself when I listened to the Labour members. When we listen to Labour members these days whether the issue is prisons education health or accident compensation it does not really matter because what they are about is means. They are about public delivery irrespective of whether the outcome is any good. Those members do not start with objectives and goals and then ask what the best way to deliver them is. Where they start is with the means and it has to be the public delivery. It would not matter whether private prisons rehabilitated 50 percent of prisoners and public prisons rehabilitated only 10 percent because the members opposite would still favour public prisons. That is a tragedy; that is a real tragedy. 
I suggest to Labour members that they are going nowhere until they focus on objectives and goals and not on means. They are in favour of a public system in accident compensation that will lose $4 billion this year. They are not actually interested in delivery. They are interested in a public education system where 30 percent of our young kids come out unable to read or write properly. They are not interested in the kids but they are interested in public delivery. At the end of the day that is what this is all about. It is a question of whether we can introduce a measure of competition. Without doubt competition is vital. It is just as vital within the public sector as it is within the private sector. 
It would be fair to say that competition amongst Government enterprises and between Government enterprises and private organisations helps to ensure that the Government is the servant of the people and not the other way round. Whether or not the Labour Opposition likes it the fact is that competition is a disciplinary force. It provides consumers with a protection against poor quality services. I suggest that some private sector competition in the field that we are talking about—prisons—would do exactly that. The difficulty for the Labour Party I think is that those members have locked themselves so much into the means that they have lost sight of the people whom they are trying to help. Until they get back to focusing on people rather than on means they are going nowhere. 
A recent publication on education by their former Prime Minister which she sent to a lot of parents mentioned public education in that letter 12 times and never mentioned a child once. That is where Labour has got to which is a great tragedy.
Brownlee Gerry: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
Text is incorporated into the Bound Volume 
Brownlee Gerry: Corrections (Contract Management of Prisons) Amendment Bill — In Committee Speaker Recalled In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8105. Text is incorporated into the Bound Volume.] 
Hon GERRY BROWNLEE (Leader of the House) 
: 
 I seek leave for Part 2 and clauses 1 2 and 3 to be taken as one debate with all the arrangements that previously existed for speaking times; for the debate from this point to be a wide-ranging debate across the full scope of the bill; and for two questions to be posed upon closure of the debate so that we vote on the provisions consecutively. In the meantime let us debate freely the matters covered in this bill. 
The CHAIRPERSON (Lindsay Tisch) 
: Leave is sought for that purpose. Is there any objection? There is no objection. I remind members what this means. We will debate Part 2 which comprises clauses 7 and 8 and the schedule and clauses 1 2 and 3. This will be a wide-ranging debate. As agreed earlier today members may take two consecutive calls of 5 minutes each in order to make a 10-minute call—that is what we have agreed to. Are we all comfortable with that? Very good.