and police did not have to release their footage of an incident. Tasers are currently being updated to a
two shot model, prompting concerns that they are becoming routinely used and employed in a wider
variety of situations than originally anticipated.
The Commission recommends that the Committee reinforces its earlier comments about the use of
Tasers and, if they are retained, the importance of ensuring greater accountability and the use
guidelines limiting their use only to the most extreme situations.
➢ Corrections Amendment Bill
In 2010 the Committee considered that the privatisation of prisons should be monitored to ensure that
persons deprived of their liberty were guaranteed all the rights enshrined in the Covenant.44Currently
an amendment to the Corrections Bill is before a Select Committee. The Bill proposes to increase
efficiency by removing layers of oversight, or by extending powers to additional people (including
staff of privately managed prisons). The cumulative effect of some of the changes has the potential to
weaken the Act’s human rights protections in significant ways. These changes appear to be in breach
of binding international obligations that New Zealand has committed to.
The Commission agrees with the statement in the Bill’s explanatory note that “overall, current
legislation continues to provide a sound framework for the operation of the corrections system” and
welcomes the commitment to “managing prisoners in a manner that is safe, secure, humane, effective
and efficient”. However, greater efficiency does not require, or justify, erosion of legislative
protections for people deprived of their liberty. While the nature of imprisonment means that human
rights may be limited in some circumstances, any incursion into individual rights must be
accompanied by appropriate safeguards. The Bill removes a number of procedural safeguards that
ensure oversight and accountability around the use of coercive powers. These checks and balances are
crucial in situations where the powers of the State are exercised upon those in their custody.
The Commission recommends that the Committee reiterates the importance of the State ensuring
that all persons deprived of their liberty are guaranteed the rights in the Covenant.
➢ High level of incarceration of Māori & Pacific people
Māori form approximately 15 per cent of the population, but account for over half of the prison
population.45 Pacific people comprise 11.31 per cent of all prisoners yet are only estimated to make up
seven per cent of New Zealand’s population.46
To a large extent the disproportionate number of Māori in prison can be attributed to their social and
economic circumstances generally, but there is an element of bias in the justice system itself which
results in Māori being more likely to be apprehended and severely punished than non-Māori.47
While the Commission recognises that the Government has put in place a number of programmes
to deal with Māori inequalities, the Committee should urge the State to commit to specific targets
and timelines for reducing the disproportionate number of Māori in prison
Immigration (Articles 2, 9(1) & 13)
➢ Conditions of Detention
44
CCPR/C/NZL/Q/5 at 3
Johnson A., Salvation Army Social Policy and Parliamentary Unit (2010) A Road to Recovery.
46
Statistics New Zealand National Population projections accessed June 2011 at
http://www.statistics.govt.nz/tools_and_services/tools/TableBuilder/population-projections-tables.aspx
47
Overrepresentation of Māori in the Criminal Justice Sector: An Exploratory Report. Department of
Corrections, Wellington (2007) at 6
45
Page 16 of 35