Outdated laws limit Corrections' monitoring of high-risk prisoners, says discussion document

Corrections NZ is proposing legislative changes to address shortfalls in how high-risk inmates are monitored within prisons.

A recent discussion document, which is open for public consultation, details how shifts in New Zealand's criminal landscape and innovations in communication technology have compromised Corrections' ability to promote safety within its facilities.

The document also references issues pertaining to how gender should influence what prisons people are sent to, how the system serves Māori, who are over-represented in priso, and the potential mixing of youth and adult inmates.

It comes with criticism from the National Party's Corrections spokesman Simon O'Connor, who questions why Corrections Minister Kelvin Davis hasn't promoted the document - published two weeks ago - to boost public engagement.

"I think it's a significant piece of work that they're looking to do and I think wide consultation is important," O'Connor said.

"The National Party and I are just surprised that Kelvin Davis hasn't fronted this in any way, shape or form."

Davis declined to be interviewed for this article.

The document, titled "Options to Achieve Improved Outcomes in the Corrections System", concerned possible amendments to the Corrections Act 2004 and the Corrections Regulations Act 2005, alongside potential changes to operational matters.

Chief among the issues raised was the insufficient monitoring of high-risk inmates thanks to the legislation that had been made ineffective over time.

"[T]he Corrections Act no longer allows us to effectively monitor prisoner activity to keep people safe because technology and prisoner behaviour have changed," the document reads.

"With the emergence of new, more sophisticated gangs, and domestic and transnational organised crime groups, there is an increased risk of illicit, covert or harmful activity that may threaten the safety and security of prisons that Corrections is unable to effectively monitor."

Corrections legislation is in need of an update, according to a recent discussion document that is open for public consultation. Photo / Getty Images

It cited the inability to combat new technologies that threatened the security of prisons because the Act was written when digital technologies - like email and video calls - were less common.

Information about prisoners' gang affiliations - such as through their tattoos - was not allowed to be compiled, limiting Corrections' ability to estimate risk.

The current law also did not specifically state in-person visits could be recorded, meaning any interactions that did not qualify for a warrant from police went unmonitored.

"For example, if someone in a visit passed a note ordering an assault on someone in prison or the community, this would not meet the threshold for a warrant, but would still result in harm."

The document acknowledged "criminal or covert activity" was often saved for in-person visits - something established through Corrections' legal monitoring of phone calls.

Corrections staff are limited in how they can use prisoners' gang affiliations to profile risk. Photo / NZME

Several solutions were offered. The first was to amend the Act by giving Corrections specific powers and restrictions on those powers to gather intelligence on high-risk inmates.

The monitoring would not extend to communications between prisoners and lawyers, psychology or medical reports and other privileged information.

The second option promoted more general powers be bestowed, but that was highlighted as a potential breach of human rights obligations.

"[G]eneral provisions are not recommended for intelligence provisions as transparency is critical when government activity could potentially breach people's rights."

Minister of Corrections Kelvin Davis did not comment on the proposal document. Photo / Paul Taylor

A third option entertained the use of artificial intelligence to aid surveillance, such as monitoring calls for key words, voice recognition and decibel-level detection.

However, the document claimed its use could promote bias, potentially having a negative impact on "Māori and black, indigenous and people of colour".

The section concluded by stating increased monitoring could invoke discomfort among whānau visiting loved ones in prison, but noted this could be mitigated through targeted surveillance of those deemed high-risk.

"At the moment, there is a little bit of ambiguity as to whether we can do some of these things but if we've got specific powers, where someone has thought about the impact on privacy and when you should use that and what the limits are on those powers, that's a good thing," Corrections policy manager Dr Marian Horan told the Herald.

Corrections deputy chief executive Topia Rameka, whose role had a Māori focus, rejected any suggestion the consultation period hadn't been appropriately advertised, saying up to 600 people relevant to the sector were notified.

"If ... members of the public [want] to have an interest in this, then we will be there with bells on to have a discussion."

National Party Corrections spokesman Simon O'Connor. Photo / Mark Mitchell

O'Connor said the proposals deserved to be well-discussed given their potential impact on privacy and human rights.

Feedback on the proposals could be submitted through the Corrections website until September 23.