Human Rights and Prisons - Rethinking Crime and Punishment

The clear reference to the role of the corrections system in providing
rehabilitation and reintegration;
The expansion of complaints provisions and their elevation to primary
legislation;
Improvements to the disciplinary offence regime;
More regular review of decisions to segregate prisoners for security or
protection reasons.
The Corrections Act also ended contractual arrangements that allowed for the
private management of prisons. This issue has since been revisited, with
recent legislation that once again enables prison management to be
contracted to private parties. The Corrections (Contract Management of
Prisons) Amendment Act 2009 includes requirements that contractors comply
with relevant international obligations and standards and report regularly to
the Chief Executive of the Department of Corrections on a range of matters
including staff training, prison programmes, prisoner complaints, disciplinary
actions, and incidents involving violence or self-inflicted injuries.
Other recent amendments have included the Corrections Amendment Act
2009 which, among other things, prohibits the use of „electronic
communication devices‟ by prisoners and provides for the detection and
interception of radio-communications; and expands search powers. The
Corrections (Use of Court Cells) Amendment Act 2009 enables court cells to
be used to temporarily house prisoners during accommodation shortages.
The Crimes of Torture Act 1989 was amended to meet the requirements of
the Optional Protocol to the Convention Against Torture, ratified by New
Zealand in 2007. A new Part 2 of the Act was inserted to provide for visits by
the Subcommittee and for the designation of National Preventive Mechanisms
and a Central National Preventive Mechanism.
Amendments have also been made to bail, sentencing and parole legislation.
Significant among these was the introduction of new community sentences
under the Sentencing Amendment Act 2007, which saw a slowing in the
growth of the prison population, but placed pressures on Community
Probation Services. The Parole Amendment Act 2007 also introduced a
number of changes including: establishing residential restrictions that may be
imposed on all offenders subject to parole or release; the monitoring of
offender‟s compliance with release conditions; powers to issue summons for
information and evidence; the implementation of confidentiality orders; and,
the ability of the Commissioner of Police to make a recall application.
The Sentencing and Parole Reform Act 2010 establishes a new, three-stage
regime for repeat violent offending in relation to specified qualifying offences.
On a first conviction for a qualifying offence, the court issues a first warning.
Offenders convicted of a second qualifying offence receive a final warning and
must serve the sentence without parole. Offenders convicted of a third
qualifying offence must receive the maximum sentence and, unless it would
be manifestly unjust, serve the sentence without parole.
13