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Corrections (Contract Management of Prisons) Amendment Bill (Consistent) [2009] NZBORARp 11 (25 February 2009)

Last Updated: 28 April 2020

Corrections (Contract Management of Prisons) Amendment Bill

25 February 2009

Attorney-General

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: CORRECTIONS (CONTRACT MANAGEMENT OF PRISONS) AMENDMENT BILL

1. We have considered the Corrections (Contract Management of Prisons) Amendment Bill (PCO 13600/6.0) ('the Bill') for consistency with the New Zealand Bill of Rights Act 1990 ('Bill of Rights Act'). We understand that the Bill will be considered by the Domestic Policy Committee on 4 March 2009

2. The Bill amends the Corrections Act 2004 to allow for the competitive tendering of prison management on a case-by-case basis. The Bill proposes that the chief executive may, with the prior written consent of the Minister of Corrections, enter into a contract with any other person for the management of a corrections prison.

3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

4. In reaching this view, we note that the United Nations Human Rights Committee has commented on the earlier practice of contracting out prisons services. The Auckland Central Remand Prison was under private management at the time the Committee considered New Zealand's Fourth Period Report under the International Covenant on Civil and Political Rights in 2002. In its concluding observations, the Committee stressed that the State is responsible for protecting the rights of persons deprived of their liberty and questioned whether privatisation effectively met the obligations of the State Party under the Covenant.

5. This concern is alleviated in part by new section 199(2) which imposes a duty on the contractor to comply with the Bill of Rights Act and all relevant international conventions and other obligations ratified by the New Zealand government that relate to the management and treatment of prisoners. This includes the United Nations Minimum Standards for the Treatment of Prisoners.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

Helen Wyn General Manager Public Law

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Corrections (Contract Management of Prisons) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights

Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter.