Borrows Chester: Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill — Second Reading In CommitteeText is incorporated into the Bound VolumeBorrows Chester: Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill — Second Reading In Committee[Sitting date: 08 May 2013. Volume:689;Page:9731. Text is incorporated into the Bound Volume.]Hon CHESTER BORROWS (Associate Minister of Justice)on behalf of theMinister of Justice: I moveThat the Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill be now read a second time. Let me first extend my thanks to the Justice and Electoral Committee for its work on this bill. The committee received seven submissions on the bill and has recommended that it proceed without amendment.The Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill makes three main changes to the Prisoners’ and Victims’ Claims Act 2005. First it repeals the sunset clauses in the Act so that the Act will no longer effectively expire. Second it makes a small change in the civil limitation periods for victim claims for their benefit. Third it clarifies that the Act applies to unlawful detention claims. The Prisoners’ and Victims’ Claims Act 2005 provides for awards of financial compensation to be made to prisoners only in extraordinary circumstances where no other remedy is deemed appropriate. Prisoners are also required to make use of the existing complaint mechanisms that are available to them before they seek compensation through the courts. If financial compensation is awarded to a prisoner or if a settlement agreement is entered into the Act requires that deductions are made to pay any legal aid debt in relation to the claim any outstanding reparation and any earlier orders in favour of victims. The Act then allows victims of the prisoners to claim against the money through a simplified victims’ claims process.Without this bill the Act would effectively expire. The statutory guidelines and restrictions on awarding compensation and deductions and the simplified victims’ claims process would no longer apply to prisoners’ claims lodged from 1 July 2013.The bill will ensure that the judiciary has clear guidance on the circumstances in which Parliament intends that compensation should be available to prisoners. This will avoid any potential inconsistency. The bill will also ensure that victims continue to have first claim against any such compensation awards to prisoners.The Act responded to community concerns that offenders should not receive financial compensation for wrongful treatment without first having to redress the harm that they themselves have caused to victims. The simplified victims’ claims process does not create any new rights for victims to bring claims. The victims always have the option of bringing a civil claim against their offenders. However the victims’ claims process provides an easy and cost-effective way for them to do so in circumstances where the prisoner has the means to pay at least some of the damages due to the victim and while the Crown has control of that money. The bill also ensures that victims will not be disadvantaged by any administrative delays that stop the clock on the civil limitation period for victims’ claims while the Ministry of Justice assesses the level of deductions to be made such as for legal aid payments and where necessary resolves disputes about these amounts.Finally the bill includes a clarification for the avoidance of doubt that the Act applies to prisoners’ claims of unlawful detention. These claims arise from time to time generally when a prisoner is held beyond their statutory release date due to an administrative error. It always has been the intent and practice that unlawful detention claims like other breaches of prisoners’ rights be subject to the Act. The best way to prevent compensation payments is to ensure that abuse does not occur. Prison mistreatment will not and should not be tolerated.I would like to reiterate that the Government has great confidence in the ongoing integrity and professionalism of corrections staff working in New Zealand prisons. However if breaches do occur it is important that we have a fair and appropriate regime that balances the rights of prisoners and their victims. This bill provides for the continuation of that regime. I commend the bill to the House.