Court cells to be used for prisoner overflow

BY COLIN ESPINER
Last updated 05:00 27/11/2009

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The Government has pushed through legislation allowing court cells to be used for prison overflow.

However, Corrections is concerned the move may cause problems.

The move is part of Government plans to address the burgeoning prison population.

In August, a record 8300 prisoners were housed in 20 prisons. Total prison capacity is currently 9131.

Police cells are already used for emergency prison overflow. There are also about 100 court cells that can be used as temporary prison cells.

However, the Resource Management Act (RMA) prevents them from being used as overnight prisoner accommodation.

Corrections believed planning permission moves would cost about $200,000, and the Government may not win the case.

Corrections Minister Judith Collins yesterday introduced the legislation under urgency.

It amends the Corrections Act so that the RMA does not apply to prisoner detention in court cells. The new legislation, which the Greens opposed, says prisoners can be held for a maximum of four days, or 96 hours.

It says the arrangement must end as soon as other "reasonably practicable" means of housing overflow prisoners is found.

A report on the Corrections Department's website, not included in the bill tabled in Parliament, warns the legislation could be controversial.

"A disadvantage is that it prevents neighbouring residents and other affected parties from challenging the overnight accommodation of prisoners in court cells," the report says.

Corrections warned the plan could also see the Government prosecuted for not complying with the Bill of Rights.

"It is also possible that New Zealand's compliance with international conventions could be challenged."

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- © Fairfax NZ News

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