Collins Judith: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Collins Judith: Corrections (Use of Court Cells) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 24 November 2009. Volume:659;Page:8150. Text is incorporated into the Bound Volume.] 
Hon JUDITH COLLINS (Minister of Corrections) 
: 
 I move  
That the Corrections (Use of Court Cells) Amendment Bill be now read a first time. 
 I intend that this bill pass through all stages before the House rises for the year to ensure that the use of court cells is one of the measures available to us as we deal with the growth in the prison population in the new year. 
This bill amends the Corrections Act 2004 to enable the temporary accommodation of Department of Corrections prisoners in court cells as a last resort where there is insufficient capacity in the prison system. The use of these cells for Department of Corrections prisoners will not be allowed to interfere with the operation of the courts including the normal function of these cells for detaining people who are appearing before the court. 
As the House is aware the prison population is currently at around the highest level it has ever been and it is forecast to continue to grow. The Government is taking a variety of steps to ensure that there is sufficient capacity to accommodate forecast prisoner numbers. These statistics include extended double-bunking the use of modular or container cells and now through this bill the use of court cells as a last resort. In addition to these measures to address capacity issues the Government is implementing its manifesto pledges aimed to reduce the rate of reoffending. These include boosting the number of prisoners learning industry-based skills through corrections inmate employment by 1000 prisoners by 2011 introducing three additional drug treatment units by 2011 doubling to 1000 the number of prisoners able to undertake rehabilitation and expanding literacy programmes so more prisoners leave prison better able to read write and do maths than when they entered. 
Of course there are other measures that have been introduced or are being developed. This Government recognises the need to address the growth in the prison population both by increasing the capacity of the prison system and by ensuring that we reduce the rate of offending. This bill contributes to other measures to address the growing prison population by addressing a problem identified by the previous Government specifically that despite having been declared to be part of Department of Corrections prisons by notice in the  
Gazette 
 most court cells cannot be used to temporarily house the department’s prisoners as this use does not comply with the provisions of the applicable district plan. 
This situation is not acceptable as was recognised by the previous administration. However the approach being taken by this Government differs from the one previously taken in that it avoids undue delay and cost by making changes to the Corrections Act as proposed in this bill. This problem will be addressed with the addition of a new subsection (2A) in section 32 of the Corrections Act and a consequential amendment to section 4 of the Resource Management Act. New subsection (2A) will provide an exemption from section 9 of the Resource Management Act which deals with environmental requirements including district plans. If used these cells will operate in accordance with an agreement between the Secretary for Justice and the chief executive of the Department of Corrections. This agreement would specify the cells to be used the circumstances in which the cells will be made available and would ensure that the use of these cells does not interfere with the normal operation of court business. Prisoners housed in these cells would continue to be treated in accordance with the provisions of the Corrections Act and subsidiary regulations. 
In addition the proposed changes are consistent with national and international human rights law relating to the treatment of prisoners. In order to ensure that all prisoners receive their statutory minimum entitlements Cabinet has agreed that the maximum period of detention in court cells will be 96 hours. Consistent with this Government’s focus on value for money the approach in this bill will save at least $200000 compared with the approach previously being taken. 
This bill corrects an anomaly in that the ability to temporarily house Department of Corrections prisoners in court cells that have been declared to be part of the department’s prisons by notice in the  
Gazette 
 depends on the particulars of the local district plan. The bill addresses this while reducing the cost to the taxpayer by at least $200000. The bill supports the Government’s objectives of ensuring public safety and providing value for money for the public’s tax dollars. I commend the bill to the House.