Amendment paper Bill enacted Released 31 July 2024 | Hon Mark Mitchell

Corrections Amendment Bill - Amendment paper No 052

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Contents

Explanatory note

No 52

House of Representatives

Amendment Paper

Corrections Amendment Bill

Proposed amendments

Hon Mark Mitchell, in Committee, to move the following amendments:

Clause 31B: new section 110B

In clause 31B, new section 110B(a)(ii), replace “read and withheld” (page 18, line 32) with “opened, read, and withheld”.

In clause 31B, new section 110B(b)(ii), replace “read and withheld” (page 19, lines 1 and 2) with “opened, read, and withheld”.

Clause 33: new section 127A

In clause 33, new section 127A, definition of prisoner communications and information sources, paragraph (b)(iv), replace “for example” (page 21, lines 12 and 13) with “including, but not limited to”.

Schedule 1

In Schedule 1, replace clause 5 of new Schedule 1AA (page 45, lines 9 to 29) with:

5 Subpart 4A of Part 2 applies to prisoner calls monitored before commencement date

Definitions for purpose of this clause

(1)

In this clause,—

prisoner call means a prisoner call (as defined in section 111) that—

(a)

has been monitored under section 113 before the commencement date; but

(b)

has not been disposed of before that date

public service agency has the meaning given in section 127R(6)(a)

recording means a recording (as defined in section 111) that has not been disposed of before the commencement date

section 111 means section 111 of this Act as in force before the commencement date

section 113 means section 113 of this Act as in force before the commencement date.

Disclosure of prisoner call or recording

(2)

A prisoner call or recording may be disclosed on or after the commencement date under sections 127M(2) to (4) and 127N(2) to (7).

Prohibitions on disclosure

(3)

The prohibitions on disclosure in section 127O apply to a prisoner call or recording on or after the commencement date as if it had been collected under subpart 4A of Part 2.

Disposal of prisoner call and recording

(4)

A prisoner call or recording that is held by the department must, for purposes of disposal, be treated on or after the commencement date as if it had been collected under subpart 4A of Part 2.

(5)

A prisoner call or recording that is held by the department must be treated on or after the commencement date under section 127Q as if it had been collected under subpart 4A of Part 2.

(6)

A prisoner call or recording that is held by New Zealand Police or a public service agency must be treated on or after the commencement date under section 127R as if it were a record obtained from the disclosure of information under section 127N.

Production of prisoner call or recording in evidence in disciplinary proceeding

(7)

Section 127S applies to the production of a prisoner call or recording in evidence in a disciplinary proceeding on or after the commencement date as if the prisoner call or recording had been collected under subpart 4A of Part 2.

Prisoner call and recording subject to privilege

(8)

A prisoner call or recording is subject to privilege in accordance with section 127T on or after the commencement date as if it had been collected under subpart 4A of Part 2.

Explanatory note

This Amendment Paper makes the following changes to the Corrections Amendment Bill:

clause 31B is amended to reflect the current provisions in section 110B of the Corrections Act 2004 that refer to correspondence being opened, read, and withheld:
clause 33 is amended as it relates to an information source within the definition of prisoner communications and information sources in new section 127A. The effect of the amendment is to ensure an interpretation of publicly available and legally accessible information that is not limited to news media or social media:
Schedule 1 is amended to replace clause 5 of new Schedule 1AA and provide greater clarity. That clause contains transitional provisions in relation to prisoner calls that have been monitored, and recordings that have been obtained, but not disposed of, before the commencement date. Those prisoner calls and recordings are to be treated as if they were collected under new subpart 4A of Part 2. As well, new clause 5(3) of Schedule 1AA clarifies that the prohibitions in new section 127O apply to those prisoner calls and recordings. This means that if a person discloses those prisoner calls and recordings in contravention of new section 127O after the Bill is enacted, then the offence provision in section 146 will apply.

Departmental disclosure statement

The Department of Corrections considers that a departmental disclosure statement is not required to be prepared for this Amendment Paper.

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Corrections Amendment Bill - Amendment paper No 052