Home | Databases | WorldLII | Search | Feedback New Zealand Bill of Rights Act Reports

Corrections (Use of Court Cells) Amendment Bill (Consistent) [2009] NZBORARp 68 (16 November 2009)

New Zealand Bill of Rights Act Reports

Corrections (Use of Court Cells) Amendment Bill (Consistent) [2009] NZBORARp 68 (16 November 2009)

Last Updated: 28 April 2020

Corrections (Use of Court Cells) Amendment Bill

16 November 2009

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: CORRECTIONS (USE OF COURT CELLS) AMENDMENT BILL

1. We have considered the Corrections (Use of Court Cells) Amendment Bill for consistency with the New Zealand Bill of Rights Act 1990 (the ‘Bill of Rights Act’). We understand that the Bill is to be considered by the Cabinet Legislation Committee at its meeting on 19 November 2009.

2. The Bill amends the Corrections Act 2004 to allow for the temporary accommodation of corrections prisoners in court cells, as a last resort, when there is insufficient accommodation in the prison system. The Bill provides that the requirements of section 9 (restrictions on the use of land) of the Resource Management Act do not apply to the detention of prisoners in court cell blocks that are declared by notice in the Gazette to be part of a corrections prison.

3. This advice has been prepared by the Public Law Group and the Office of Legal

Counsel.

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

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

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 (Use of Court Cells) 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.