The Chief Ombudsman made a submission to the Justice Committee on the Corrections Amendment Bill in August 2023. The stated intent of the Bill was to improve rehabilitation, reintegration, and safety outcomes for the people the Department of Corrections manages in prison.
The Ombudsman reiterated his view, as outlined in his report Kia Whaitake, that the Corrections Act and Regulations should be reviewed to ensure that Te Tiriti o Waitangi, the New Zealand Bill of Rights and international human rights obligations are given greater emphasis in the purpose, principles, and detailed provisions of the legislation. He also reiterated that prisons need to operate with a greater focus on the fair, safe, and humane treatment of people in custody.
Areas of the Corrections Amendment Bill that the Ombudsman commented on included:
- the Bill’s approach to balancing rights
- proposals to mix different categories of prisoners
- search and surveillance provisions, and
- changes to management plans and misconduct procedures.
The Ombudsman highlighted that the legislation’s reference to the weapons that may be used by Corrections Officers as ‘non-lethal’ is misleading. The use of these weapons can be fatal and the language is not aligned with international guidance which uses the term ‘less-lethal’. The Select Committee’s report subsequently recommended amending the Bill to replace all references to ‘non-lethal weapons’ with ‘less-lethal weapons’.