… the practice of long term detention of refugee claimants in Corrections facilities is wrong, at every level. It raises serious issues of non-compliance with Aotearoa’s international and domestic human rights obligations. It is also inhumane and contrary to our society’s core values to treat such vulnerable people in this manner, and while a form of long term detention might in extraordinary circumstances be necessary for public safety or national security, the current rate and form of detention is not justifiable on any basis. 146. The report made eleven recommendations. Among them that detention at Corrections facilities should not occur.168 All of the recommendations and has set up a group to implement them.169 147. We understand that since September 2020, the Government has not detained asylum seekers in police custody and proposals have been introduced for Courts to be able to order that anyone claiming refugee status may be electronically monitored.170 Immigration (Mass Arrivals) Amendment Bill 148. In 2015, this Committee raised concerns about amendments to the Immigration Act 2009 that introduced special provisions to manage “mass arrivals” defined as groups of more than 30 people who arrive in Aotearoa New Zealand by boat. 149. In March 2023, the Government introduced a Bill that further undermines the rights of asylum seekers who arrive in Aotearoa New Zealand as part of a “mass arrival”. The Immigration (Mass Arrivals) Amendment Bill increases the time that a asylum seeker who arrives as part of a mass group can be detained from 96 hours (4 days) for up to 7 days, and for up to 28 days if it is not reasonably practical for the District Court to determine the issue within 7 days. According to the Government, the purpose of the mass arrival warrants was to enhance Aotearoa New Zealand’s ability to deter people-smuggling into the country. 150. The Bill is currently before the Foreign Affairs, Defence and Trade Select Committee and has received widespread opposition from most submitters, including the Commission. 151. The Commission is concerned that despite the Government’s decision in September 2020 to no longer detain asylum seekers in Corrections facilities, this Bill re-opens this possibility as no detail has been provided about where asylum seekers would be detained if they arrive as part of a mass group. The Commission raised concern with the Select Committee that the Bill is contrary to fundamental principles set out in refugee and human rights law, specifically with regard to the right to seek asylum, the right to liberty and security of the person, and the rights of those detained.171 We recommended that the Bill does not proceed. 168 Ibid., at p. 33. INZ accepts review recommendations relating to the detention of asylum seekers (3 May 2022) available at https://www.mbie.govt.nz/about/news/inz-accepts-review-recommendations-relating-to-the-detention-of-asylumseekers/. 170 Goverment announces plan to electronically tag asuylum seekers, RNZ (28 March 2023) available at https://www.rnz.co.nz/news/political/486890/government-announces-plan-to-electronically-tag-asylum-seekerswho-may-poserisk#:~:text=Courts%20would%20be%20able%20to,in%20prisons%20when%20absolutely%20necessary. 171 The Commission is concerned about the lack of mention or analysis in the Regulatory Impact Statement, Disclosure Statement and Cabinet papers of the Government’s obligations under the Refugee Convention. 171 Immigration Amendment Act 2013. 169 35