Corrections Amendment Bill - Amendment paper No 081
Corrections Amendment Bill - Amendment paper No 081
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Corrections Amendment Bill - Amendment paper No 081
No 81
House of Representatives
Amendment Paper
Corrections Amendment Bill
Proposed amendments
Tamatha Paul, in Committee, to move the following amendments:
Clause 4
In clause 4(4), after the definition of audiovisual link (page 6, after line 34), insert:
cultural activities means activities that are integral to establishing and maintaining a person’s connection with their culture
Clause 6
In clause 6, insert as subclause (2) (page 7, after line 28):
(2)
After section 6(1)(i), insert:
(j)
equitable rehabilitation and reintegration outcomes for Māori offenders must be provided for:
(k)
Māori must be engaged with on matters relating to rehabilitation and reintegration outcomes for Māori offenders, including engagement on a national, regional, and site level on the design, delivery, and monitoring of programmes and services:
(l)
the views of an offender’s family and of the hapū and iwi of a Māori offender may be taken into account in the decision about which prison the offender is detained in:
(m)
the well-being of Māori persons, and all other persons, under control and supervision in the corrections system must be promoted, including by providing access to mātauranga Māori:
(n)
approaches to health care for prisoners in a prison must be guided by the health sector principles set out in section 7 of the Pae Ora (Healthy Futures) Act 2022.
New clauses 7 and 8
After clause 7 (page 8, after line 8), insert:
7 New section 6A inserted (Tiriti o Waitangi/Treaty of Waitangi)
After section 6, insert:
6A Tiriti o Waitangi/Treaty of Waitangi
In order to provide for the Crown’s intention to give effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi,—
(a)
section 6(1)(j) to (n) provides principles that guide the operation of the corrections system and support rehabilitation and reintegration of Māori offenders:
(b)
section 8(1)(ka) provides for the chief executive’s function of ensuring the development, maintenance, and implementation of a strategy that is focused on improving outcomes for Māori in the corrections system:
(c)
section 62(2)(a)(ia) provides for access, by prisoners who may be temporarily released from custody or temporarily removed from prison, to cultural activities:
(d)
section 78(1)(d) provides for access by prisoners to mātauranga Māori:
(e)
section 80(2) provides for access by Māori prisoners and other prisoners to cultural activities.
8 Section 8 amended (Powers and functions of chief executive)
After section 8(1)(k), insert:
(ka)
ensuring that a strategy is developed, maintained, and implemented that—
(i)
focuses on improving outcomes for Māori in the corrections system; and
(ii)
provides requirements for monitoring the outcomes:
New clauses 17 to 19
After clause 16 (page 12, after line 4), insert:
17 Section 62 amended (Temporary release from custody or temporary removal from prison)
After section 62(2)(a)(i), insert:
(ia)
the prisoner’s access to cultural activities:
18 Section 78 amended (Information and education needs of prisoners)
(1)
After section 78(1)(c), insert:
(d)
to access to mātauranga Māori.
(2)
In section 78(2), replace “subsection (1)(c)”
with “subsection (1)(c) or (d)”
.
19 Section 80 amended (Needs relating to particular cultures)
In section 80, insert as subsection (2):
(2)
Māori prisoners and other prisoners detained in a corrections prison must have access to cultural activities, regardless of the corrections prison in which they are detained.
Explanatory note
This Amendment Paper amends the Corrections Amendment Bill.
The current corrections system is failing to meet its obligations under te Tiriti o Waitangi, and is failing Māori. Māori are significantly over-represented in the prison population, comprising approximately 53% of people in prison and approximately 43% of people serving home detention. Over-representation is even higher for wāhine Māori—approximately 68% of women on remand in custody have Māori whakapapa.
This Amendment Paper reinserts pragmatic legislative provisions that provide for the Crown’s intention to give effect to the principles of te Tiriti o Waitangi. It does this by—
incorporating new principles for the corrections system that are derived from the principles of te Tiriti to provide for equitable rehabilitation and reintegration outcomes for Māori:
requiring engagement with Māori on matters relating to rehabilitation and reintegration outcomes for Māori, including engagement on a national, regional, and site level on the design, delivery, and monitoring of programmes and services:
promoting the well-being of Māori and all people in the corrections system, including by providing access to mātauranga Māori:
providing for temporary release to be used to access cultural activities by prisoners:
requiring that Māori prisoners and other prisoners must have access to cultural activities, regardless of the corrections prison in which they are detained:
requiring corrections to provide access to mātauranga Māori as part of the provision of information and education in prison:
enabling the views of whānau, iwi, and hapū to be taken into account, in decisions about which prison offenders are accommodated in.
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Corrections Amendment Bill - Amendment paper No 081
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