Kia ora,

 

Thank you for your email of 25 February 2021 requesting information
relating to policies on legal representation and prison misconduct
hearings.

 

Please be advised your request has been received, and will be considered
under the Official Information Act 1982.

 

Please note that our response letter to you (with your personal details
redacted), and any enclosed documents, may be published on Corrections’
website.

 

Ngâ mihi | Kind regards,

Ministerial Services

Department of Corrections, Ara Poutama Aotearoa

a: National Office, Freyberg Building, 20 Aitken Street, Wellington, 6011

[1][IMG] [2][IMG] [3][IMG] [4][IMG] [5][IMG]

 

 

 

 

-----Original Message-----
From: Alastair JL <[FOI #14771 email]>
Sent: 25 February 2021 4:41 p.m.
To: Info@Corrections <[Department of Corrections request email]>
Subject: Official Information request - Policies on legal representation
and prison misconduct hearings

 

Dear Department of Corrections,

 

I would like to make an Official Information Request regarding the
presence of legal advisors at disciplinary hearings, as managed by the
department of corrections (as described in section MC.02.04 of the prison
operations manual).

 

In particular I would like to ask:

 

1) How many misconduct hearings were conducted within the New Zealand
corrections department between January 1st 2020, and the end of December
2020? (If information is more easily collated for some other recent 12
month period, any 12 month time window in the past 3 years will do.)

 

2) If possible, in how many of these cases did the prisoner contact their
legal advisor for the purposes of preparing their defence?

 

3) In how many of these cases did the prisoner apply to have a legal
adviser represent them at the disciplinary or appeal hearing?

 

4) Of these requests, how many were granted, and subsequently led to
representation during the hearing/appeal? How many were declined?

 

5) Does there exists some form of Timetable/calender determining when
Visiting Justices will be available to administer hearings, and if so, how
far in advance is such a timetable scheduled? If such policies vary from
prison to prison, for the sake of concreteness, what policies apply in
Christchurch Men's prison.

(Note: exact lengths of time are not necessary for this question, I am
primarily interest in whether the schedule is planned months, weeks, days
or hours in advance).

 

6) In what manner, are the times/dates and locations of hearings
communicated to prisoners? When/how are they communicated to a prisoners
legal representative?

 

Thank you for your time, and for any information you can provide.

 

Alastair Jamieson-Lane

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[6][FOI #14771 email]

 

Is [7][Department of Corrections request email] the wrong address for Official Information
requests to Department of Corrections? If so, please contact us using this
form:

[8]https://fyi.org.nz/change_request/new?bo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[9]https://fyi.org.nz/help/officers

 

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

 

 

-------------------------------------------------------------------

 

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------The
information in this message is the property of the New Zealand Department
of Corrections. It is intended only for the person or entity to which it
is addressed and may contain privileged or in confidence material. Any
review, storage, copying, editing, summarising, transmission,
retransmission, dissemination or other use of, by any means, in whole or
part, or taking any action in reliance upon, this information by persons
or entities other than intended recipient are prohibited. If you received
this in error, please contact the sender and delete the material from all
computers.

References

Visible links
1. http://www.corrections.govt.nz/
2. http://www.corrections.govt.nz/
3. https://www.facebook.com/CorrectionsNZ/
4. https://nz.linkedin.com/company/departme...
5. https://twitter.com/correctionsnz?lang=en
6. mailto:[FOI #14771 email]
7. mailto:[Department of Corrections request email]
8. https://fyi.org.nz/change_request/new?bo...
9. https://fyi.org.nz/help/officers

hide quoted sections

Kia ora Alastair

 

Thank you for the below email, requesting information about custodial
disciplinary hearings. Your request has been considered under the Official
Information Act 1982 (OIA).

Corrections needs to extend the timeframe of our response to your request
by 20 working days, pursuant to section 15A(1)(b) of the OIA, as
consultations necessary to make a decision on the request are such that a
proper response to the request cannot reasonably be made within the
original time limit. Therefore, you can expect to receive a response to
your request by 27 April 2021. If you no longer require this information,
please let us know as soon as possible.

 

Please be advised that should you have any concerns regarding this
response you have the right to ask the Ombudsman to investigate our
decision to extend the timeframe. Contact details are: Office of the
Ombudsman, PO Box 10152, Wellington 6143.

 

Kind regards,

 

Brydie Raethel | Principal Ministerial Services Adviser |

National Office | Department of Corrections Ara Poutama Aotearoa |

Freyberg Building, 20 Aitken Street, Wellington | Private Bag 1206,
Wellington 6140 |

[1]1 [2]4,3,2

 

 

 

 

 

-----Original Message-----
From: Alastair JL <[FYI request #14771 email]>
Sent: 25 February 2021 4:41 p.m.
To: Info@Corrections <[Department of Corrections request email]>
Subject: Official Information request - Policies on legal representation
and prison misconduct hearings

 

Dear Department of Corrections,

 

I would like to make an Official Information Request regarding the
presence of legal advisors at disciplinary hearings, as managed by the
department of corrections (as described in section MC.02.04 of the prison
operations manual).

 

In particular I would like to ask:

 

1) How many misconduct hearings were conducted within the New Zealand
corrections department between January 1st 2020, and the end of December
2020? (If information is more easily collated for some other recent 12
month period, any 12 month time window in the past 3 years will do.)

 

2) If possible, in how many of these cases did the prisoner contact their
legal advisor for the purposes of preparing their defence?

 

3) In how many of these cases did the prisoner apply to have a legal
adviser represent them at the disciplinary or appeal hearing?

 

4) Of these requests, how many were granted, and subsequently led to
representation during the hearing/appeal? How many were declined?

 

5) Does there exists some form of Timetable/calender determining when
Visiting Justices will be available to administer hearings, and if so, how
far in advance is such a timetable scheduled? If such policies vary from
prison to prison, for the sake of concreteness, what policies apply in
Christchurch Men's prison.

(Note: exact lengths of time are not necessary for this question, I am
primarily interest in whether the schedule is planned months, weeks, days
or hours in advance).

 

6) In what manner, are the times/dates and locations of hearings
communicated to prisoners? When/how are they communicated to a prisoners
legal representative?

 

Thank you for your time, and for any information you can provide.

 

Alastair Jamieson-Lane

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[3][FYI request #14771 email]

 

Is [4][Department of Corrections request email] the wrong address for Official Information
requests to Department of Corrections? If so, please contact us using this
form:

[5]https://fyi.org.nz/change_request/new?bo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[6]https://fyi.org.nz/help/officers

 

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

 

 

-------------------------------------------------------------------

 

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------The
information in this message is the property of the New Zealand Department
of Corrections. It is intended only for the person or entity to which it
is addressed and may contain privileged or in confidence material. Any
review, storage, copying, editing, summarising, transmission,
retransmission, dissemination or other use of, by any means, in whole or
part, or taking any action in reliance upon, this information by persons
or entities other than intended recipient are prohibited. If you received
this in error, please contact the sender and delete the material from all
computers.

References

Visible links
1. http://www.corrections.govt.nz/
2. file:///tmp/foiextract20210324-15925-111e4sq#MicrosoftOfficeMap0
3. mailto:[FYI request #14771 email]
4. mailto:[Department of Corrections request email]
5. https://fyi.org.nz/change_request/new?bo...
6. https://fyi.org.nz/help/officers

hide quoted sections

Kia ora,

Please see the attached in response to the below correspondence.

Kind regards,

Ministerial Services
Department of Corrections, Ara Poutama Aotearoa
a: Freyberg Building, 20 Aitken Street, Wellington, 6011

-----Original Message-----
From: Alastair JL <[FOI #14771 email]>
Sent: 25 February 2021 4:41 p.m.
To: Info@Corrections <[Department of Corrections request email]>
Subject: Official Information request - Policies on legal representation and prison misconduct hearings

Dear Department of Corrections,

I would like to make an Official Information Request regarding the presence of legal advisors at disciplinary hearings, as managed by the department of corrections (as described in section MC.02.04 of the prison operations manual).

In particular I would like to ask:

1) How many misconduct hearings were conducted within the New Zealand corrections department between January 1st 2020, and the end of December 2020? (If information is more easily collated for some other recent 12 month period, any 12 month time window in the past 3 years will do.)

2) If possible, in how many of these cases did the prisoner contact their legal advisor for the purposes of preparing their defence?

3) In how many of these cases did the prisoner apply to have a legal adviser represent them at the disciplinary or appeal hearing?

4) Of these requests, how many were granted, and subsequently led to representation during the hearing/appeal? How many were declined?

5) Does there exists some form of Timetable/calender determining when Visiting Justices will be available to administer hearings, and if so, how far in advance is such a timetable scheduled? If such policies vary from prison to prison, for the sake of concreteness, what policies apply in Christchurch Men's prison.
(Note: exact lengths of time are not necessary for this question, I am primarily interest in whether the schedule is planned months, weeks, days or hours in advance).

6) In what manner, are the times/dates and locations of hearings communicated to prisoners? When/how are they communicated to a prisoners legal representative?

Thank you for your time, and for any information you can provide.

Alastair Jamieson-Lane

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #14771 email]

Is [Department of Corrections request email] the wrong address for Official Information requests to Department of Corrections? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------------------------------------
The information in this message is the property of the New Zealand Department of Corrections. It is intended only for the person or entity to which it is addressed and may contain privileged or in confidence material. Any review, storage, copying, editing, summarising, transmission, retransmission, dissemination or other use of, by any means, in whole or part, or taking any action in reliance upon, this information by persons or entities other than intended recipient are prohibited. If you received this in error, please contact the sender and delete the material from all computers.

hide quoted sections

Kia ora,

Please see the attached in response to the below correspondence.

Kind regards,

Ministerial Services
Department of Corrections, Ara Poutama Aotearoa
a: Freyberg Building, 20 Aitken Street, Wellington, 6011

-----Original Message-----
From: Alastair JL <[FOI #14771 email]>
Sent: 25 February 2021 4:41 p.m.
To: Info@Corrections <[Department of Corrections request email]>
Subject: Official Information request - Policies on legal representation and prison misconduct hearings

Dear Department of Corrections,

I would like to make an Official Information Request regarding the presence of legal advisors at disciplinary hearings, as managed by the department of corrections (as described in section MC.02.04 of the prison operations manual).

In particular I would like to ask:

1) How many misconduct hearings were conducted within the New Zealand corrections department between January 1st 2020, and the end of December 2020? (If information is more easily collated for some other recent 12 month period, any 12 month time window in the past 3 years will do.)

2) If possible, in how many of these cases did the prisoner contact their legal advisor for the purposes of preparing their defence?

3) In how many of these cases did the prisoner apply to have a legal adviser represent them at the disciplinary or appeal hearing?

4) Of these requests, how many were granted, and subsequently led to representation during the hearing/appeal? How many were declined?

5) Does there exists some form of Timetable/calender determining when Visiting Justices will be available to administer hearings, and if so, how far in advance is such a timetable scheduled? If such policies vary from prison to prison, for the sake of concreteness, what policies apply in Christchurch Men's prison.
(Note: exact lengths of time are not necessary for this question, I am primarily interest in whether the schedule is planned months, weeks, days or hours in advance).

6) In what manner, are the times/dates and locations of hearings communicated to prisoners? When/how are they communicated to a prisoners legal representative?

Thank you for your time, and for any information you can provide.

Alastair Jamieson-Lane

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #14771 email]

Is [Department of Corrections request email] the wrong address for Official Information requests to Department of Corrections? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------------------------------------
The information in this message is the property of the New Zealand Department of Corrections. It is intended only for the person or entity to which it is addressed and may contain privileged or in confidence material. Any review, storage, copying, editing, summarising, transmission, retransmission, dissemination or other use of, by any means, in whole or part, or taking any action in reliance upon, this information by persons or entities other than intended recipient are prohibited. If you received this in error, please contact the sender and delete the material from all computers.

hide quoted sections