These and other strategies developed by Corrections, and the financial
investment attached to them, are much needed. They have the potential to
change the fortunes of some of the most vulnerable people in society. They also
reflect the government’s obligations. The Waitangi Tribunal has pointed out to
the government, in relation to addressing the disproportionate reoffending rate
of Mäori, that the Treaty of Waitangi principle of active protection is heightened
in circumstances of inequity between Mäori and non-Mäori,7 this is particularly
so when the government has “knowledge of past historical wrongs done by the
Crown”.8
Commitment at the leadership level and budgets to fund (some of) these
ambitious aspirations, however, are not enough in themselves. Policies and
practices need to filter through to all areas of the prison system, not least those
most hidden from view, namely, segregation units, and to all the individuals
housed in them, including and especially those who may be more challenging,
and those who are the most vulnerable.9
16
7
Waitangi Tribunal. (2017). Tü Mai te Rangi! Report on the Crown and Disproportionate Reoffending
Rates (Report no. Wai 2540), at 34, available at https://forms.justice.govt.nz/search/Documents/WT/wt_
DOC_121273708/Tu%20Mai%20Te%20Rangi%20W.pdf
8
Waitangi Tribunal (2017) at p. 27. See also United Nations Declaration on the Rights of Indigenous Peoples
(2007).
9
Change Lives Shape Futures announces that “Recognising a gap in current services, a new programme
for high-risk women is also being developed to meet the needs of this small, but challenging group.”
(p 11) This, in my view, should be prioritised, and I would also note that the key element in Corrections
various strategies for managing this group of prisoners has been a regime of 22 hours or more in cell, thus
constituting solitary confinement as defined in the Nelson Mandela Rules. I would urge Corrections to
ensure that any new programme does not have segregation at its core.