Returning offenders Bill introduced to protect Kiwis

  • Amy Adams
Justice

A new Bill to pass under urgency will give authorities the power to assess and supervise offenders returning to our shores, Justice Minister Amy Adams has announced.

The Returning Offenders (Management and Information) Bill introduced by the Government is a key measure in a suite of initiatives to strengthen oversight of deported offenders.

“My primary concern is keeping the law abiding public of New Zealand safe. This supervision regime will put in place parole-like conditions to allow New Zealand authorities to monitor offenders who return here,” says Ms Adams.

“This regime will mean that offenders who arrive here shortly after being released from prison will be subject to the same sort of oversight as offenders who served a similar sentence here.”

Ms Adams says the Government has moved at pace to get this entirely new regime in place.

“This hasn’t been an easy task and has involved working across three agencies. In addition, we’ve needed key information from overseas jurisdictions which has taken time. Developing an appropriate oversight regime for returning offenders has been complex and we’ve needed to strike the difficult balance between offenders’ rights and public safety. Despite these challenges, the quick turnaround demonstrates the Government’s urgency and commitment to protecting New Zealanders,” Ms Adams says.

The proposed Bill contains three key aspects:

  • Allowing police to compel returning offenders to provide information (names, date of birth, etc) and in some cases a DNA sample
  • Standard monitoring and supervision conditions that are automatically imposed on all eligible returning offenders
  • New powers to the District Court to impose special conditions (such as restrictions on not residing near a school which can be subject to electronic monitoring).

A key addition to the legislation is the inclusion of a mandatory review to the Justice and Electoral Select Committee within two years of the Bill’s commencement.

“Australia, and other countries, have deported New Zealanders who commit crimes abroad for generations without any oversight. With the recent policy changes in Australia, these numbers have increased from 80 to 100 to around 250 to 300 a year which poses an increased risk to New Zealanders,” says Ms Adams.

“It’s critical that we have in place a regime that can manage and supervise these offenders, many of whom have been convicted of serious crimes.”

Following changes made in December 2014, the very worst offenders can be subject to an Extended Supervision Order (ESO) or Public Protection Orders (PPOs) without being convicted of the offence in New Zealand.

“Along with the other initiatives we’ve already implemented, the supervision regime will put us in a better position to manage offenders who pose a threat to public safety. It will also help agencies to rehabilitate and reintegrate returning offenders into the community.”

The Returning Offenders (Management and Information) Bill will be available on www.legislation.govt.nz.  

Notes:

The proposed supervision regime in the Bill will apply automatically to returning offenders who:

  • were sentenced to more than one year in prison in another country;
  • return to New Zealand within six months of their release from custody overseas; and
  • were imprisoned for behaviour that would be an imprisonable offence under New Zealand law.

The regime is the latest in a series of initiatives to strengthen New Zealand’s oversight of deported offenders: