Wilson Margaret: Corrections Bill — First Reading 
Wilson Margaret: Corrections Bill — First Reading 
[Volume:607;Page:4687] 
Hon MARGARET WILSON (Acting Minister of Corrections) 
: 
 I move  
That the Corrections Bill be now read a first time. 
 At the appropriate time I intend to move that the bill be referred to the Law and Order Committee. This measure is a major reform of the law governing the operations of the corrections system. Reform is needed for four main reasons. First the legislation needs to reflect modern conditions and practices. The Penal Institutions Act envisaged prisons as small units under the control of the superintendent who was charged with the administration of the prisons as well as having the responsibility for the welfare of inmates. That was realistic in 1954 when Mount Eden was the only prison to have over 200 inmates but prisons are now much larger. For example Waikeria has over 800 inmates. 
Secondly the law governing the administration of the corrections systems needs to be compatible in its philosophy as well as in its specific provisions with the recently enacted Sentencing Act and Parole Act. That legislation includes reference to such key considerations as protecting the community providing for the interests of victims and assisting the offender’s rehabilitation and reintegration. By contrast current corrections legislation is silent on the principles that should guide the administration of sentences and parole orders. Thirdly the bill is also needed to support the Department of Corrections’ new approach to the assessment and management of offenders which is aimed at improving community safety. A set of assessment instruments has been developed so that efforts to rehabilitate offenders are better targeted at those who pose a serious risk to the community and those who are most likely to benefit from interventions. The legal framework should support this system. Finally the bill is needed because many incremental changes over the years have made the Penal Institutions Act complex and difficult to follow. 
This bill has been developed over 3 years and includes a substantial public consultation exercise. I would like to thank many people involved in that exercise. I also acknowledge the former Minister of Corrections the Hon Matt Robson and the current Minister the Hon Mark Gosche for their contributions to the bill’s development. 
The bill makes some important changes to corrections legislation and I would like to examine these briefly. For the first time there are legislative statements of the purpose of the corrections system and the principles that guide the operation of the system. In summary the purpose is to contribute to the maintenance of a safe and just society by ensuring compliance with sentences and orders assisting in the rehabilitation and reintegration of offenders and providing information to the courts and the New Zealand Parole Board. 
A number of operating principles are set out. The first two are that the maintenance of public safety is a paramount consideration in decisions about the management of offenders and that victims’ interests must be considered in such decisions. There is also a strong emphasis on effective rehabilitation and reintegration. The bill makes no provision for privately managed prisons beyond 12 July 2005—the expiry date of the contract with the Australasian Correctional Management Pty Ltd for the management of the Auckland Central Remand Prison. That reflects this Government’s view that the management of prisons is a core activity of the State including the use of highly coercive powers against individuals and that it is inappropriate for private sector organisations to exercise such powers. 
The remand prison is owned by the Department of Corrections and after 2005 will continue to operate much as it does now but under departmental management. The department’s chief executive will have the legal custody of all prisoners except any who may be held in police jails. This is administratively simpler than the current arrangements whereby prisoners are in the legal custody of the prison superintendent. It also reinforces the point that the chief executive is accountable for ensuring the safe secure and humane containment of prisoners throughout the country. Consistent with the department’s approach to offender management the bill also requires individual management plans to be devised for prisoners and for rehabilitative programmes to be provided within the available resources to prisoners who will benefit from such programmes. 
A number of provisions currently in regulations are elevated into primary legislation by the bill including prisoners’ minimum entitlements. These entitlements are extended to cover access to news library services and education. In this regard New Zealand law will better reflect international standards particularly the United Nations Standard Minimum Rules for the Treatment of Prisoners. 
The bill also expands on the internal complaints system to cover community work centres and probation officers not just prisons. The role of the inspectors to resolve complaints is similarly expanded to cover offenders who are or have been on community-based sentences or orders and not just prisoners. 
The detection of drugs and other unauthorised items will be assisted by this bill which includes changes to search provisions. An enhanced strip-searching procedure is to be used when there is reason to believe that a prisoner is concealing contraband. The bill also clarifies that staff members are themselves liable to be searched. In one area search powers will be reduced by this bill. A Court of Appeal ruling in mid-2002 held that corrections officers have the power to strip-search visitors to prisons under section 18 of the Misuse of Drugs Act. This power is not currently being used and is considered to be excessive. Instead where a strip search under the Misuse of Drugs Act is necessary corrections officers will be empowered to detain the visitor for a reasonable period while the police are called. 
Provision is made in the legislation for regulations approving the use of non-lethal weapons. However this will be done only if the Minister is satisfied that their use is compatible with the humane treatment of prisoners and the potential benefits outweigh the potential risks. This approach safeguards against the introduction of weapons that are unsafe or inhumane. By contrast current legislation is inconsistent. On the one hand there is a complete ban on such types of non-lethal weapons—namely tear gas and substances designed to disable temporarily. On the other there is no restriction on the use of other types of non-lethal weapons such as batons though in practice batons are used only in very restricted circumstances. 
There are substantial revisions to the prison disciplinary offence regime in this bill including provision for legal representation in certain cases and internal disciplinary hearings. There is also a significant change regarding the appointment of visiting justices who hear appeals and the more serious and complex disciplinary cases. The existing provision for the Minister of Corrections to appoint JPs as visiting justices is replaced by a provision for the Minister of Justice to appoint barristers and solicitors to this role. Visiting justices hear appeals that may turn on complex legal issues and it is therefore appropriate that this role be undertaken by senior lawyers with relevant skills and experience. 
Finally I signal two areas in which amendments to the bill will be needed to reflect policy that is still under development. The first is to improve the sharing of information. I shortly intend to seek Cabinet approval for a proposal to allow a greater range of information to be shared between the Department of Corrections and Police. This would enhance the ability of law enforcement agencies to more effectively manage the risk to the public posed by high-risk offenders including child-sex offenders who have been released from prison. Consideration has also been given to an information-matching agreement with the New Zealand Immigration Service which would assist in the identification and management of prisoners who will be deported at the end of their sentence. 
The second area in which amendments to the bill will be needed is to reduce the use of cellphones by prisoners to intimidate people organise escapes and plan crimes. Officials are looking at the feasibility of jamming cellphone transmission in prisons as a means to prevent such activities. 
Overall I consider this bill will provide a sound legislative framework for the corrections system well into the 21st century. I therefore commend the bill to the House.