Tiriti principles.129 The Chief Ombudsman’s final report on this investigation is due to be
released in mid-2023.
106.
The Commission’s Human Rights Information and Support Services (HRISS) Team is a frontline
team which answers questions and provides information to help people understand their rights
under the Human Rights Act and how to make a complaint. In 2023 the HRISS Team established
a dedicated phone line within the Commission’s 0800 number for people calling from prison,
so they can call and speak to a case advisor immediately. People in prison can also write to the
Commission in confidence.
107.
Between 2019 and 2022 the Commission’s HRISS team received the following numbers of
complaints regarding the Police and Corrections:
108.
2019 – 2020
2020 – 2021
2021 - 2022
Police
160
130
225
Corrections
196
236
170
The Committee may wish to:
(a) Make further inquiries with the Government as to the timely, effective and measurable
steps being taken to improve the conditions and treatment of people in prison, in
accordance with international human rights standards and obligations including the
Nelson Mandela Rules; and
(b) Urge the Government to lift the restrictions on the minimum entitlements of prisoners
as a matter of urgency.
Pre-trial detention
109.
A 2016 decision by the New Zealand Supreme Court found that Corrections had been failing to
accurately credit periods served on remand, which impacted calculations of time served
relevant to parole release dates and in some cases had resulted in actual time served exceeding
sentences of imprisonment.130
110.
There remains a disproportionately high number of people being held on prolonged pre-trial
detention (as remand-accused) in Aotearoa New Zealand. This issue has consistently raised by
United Nations bodies, including:
(a) The Working Group on Arbitrary Detention, which has noted concerns with the overrepresentation of Māori and indications of bias in relation to extended custody in
remand;131
129
See Statement of Claim by Cletus Maanu Paul ONZM JP in WAI3030 at [8(d)] available at
https://forms.justice.govt.nz/search/Documents/WT/wt_DOC_171464737/Wai%203030%2C%201.1.1.pdf which
noted concern for “the particularly torturous, cruel and inhumane treatment of those Māori prisoners who were
involved in the protest...at the hands of Corrections staff, and staff from other Crown agencies” and alleged more
broadly that “the torture and other cruel, inhumane, and degrading treatment and punishment, and otherwise
prejudicial conditions experienced by Māori within the Prisons Regime, in breach of te Tiriti/the Treaty”.
130 Booth v R and Marino v The Chief Executive of the Department of Corrections [2016] NZSC 127.
131 Human Rights Council Working Group on Arbitrary Detention, Report of the Working Group – Mission to New Zealand
A/HRC/30/36/Add.2 (6 July 2015) at [93].
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