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Department of Corrections (New Zealand)

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Department of Corrections
Ara Poutama Aotearoa
Department overview
Formed1995 (1995)
Preceding Department
  • Department of Justice
JurisdictionNew Zealand
HeadquartersMayfair House,
44–52 The Terrace,
Wellington 6011
Employees10000+ FTE staff
(30 June 2020)[1]
Annual budgetTotal budget for 2019/20
Decrease$2,171,655,000[2]
Minister responsible
Department executive
  • Jeremy Lightfoot,
    Chief Executive
Websitewww.corrections.govt.nz

The Department of Corrections (Māori: Ara Poutama Aotearoa) is the public service department of New Zealand charged with managing the New Zealand corrections system. This includes the operations of the 18 prisons in New Zealand and services run by Probation. Corrections' role and functions were defined and clarified with the passing of the Corrections Act 2004. This includes the provision of rehabilitation programmes and the reintegration of prisoners back into the community.[3] Corrections has about 9,000 staff responsible for managing around 10,000 prison inmates and 30,000 offenders in the community.

Corrections purpose

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Section 5 of the Act defines four goals that the Department is required to achieve:[4]

  • ensure that sentences and orders imposed by the courts and the parole board are administered in a "safe, secure, humane, and effective manner;"
  • ensure that prisons are operated in accordance with the Act and the United Nations Standard Minimum Rules for the Treatment of Prisoners;
  • assist in the rehabilitation and reintegration of prisoners back into the community;
  • provide background information on offenders to the courts and the Parole Board to assist them in decision-making.

Chief Executives

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Jeremy Lightfoot was appointed as Chief Executive in February 2020.[5] Previous chief executives include: Mark Byers, Barry Matthews, and Ray Smith.

History

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Prior to 1995 the country's prisons, probation system and the courts were all managed by the Department of Justice. The Department of Corrections was formed in 1995 by the Department of Justice (Restructuring) Act 1995.[6] This act gave management of prisoners, parolees and offenders on probation to the Department of Corrections while leaving administration of the court system and fines collection[7] with the Ministry of Justice. The intention was to enable the new department to improve public safety and assist in the rehabilitation and reintegration of offenders.

Privatisation

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In 2000, New Zealand's first privately run prison, the Auckland Central Remand Prison, also known as Mt. Eden Prison, opened under contract to Australasian Correctional Management (ACM). However, the use of private prisons in New Zealand has been controversial. The Labour government was opposed to privatisation, and in 2004, amended the law to prohibit the extension of private prison contracts. A year later, the 5-year contract with ACM was not renewed.[8]

In 2010, the National government again introduced private prisons and international conglomerate Serco was awarded the contract to run the Mt Eden Prison.[9] In 2015, Serco's contract to run the Mount Eden prison was revoked due to numerous scandals and operation was given back to the New Zealand Department of Corrections.[10] Serco was ordered to pay $8 million to the New Zealand government as a result of problems at Mount Eden Prison while it was under Serco's management.[11]

Despite its poor performance, Serco was subsequently given the contract to build and manage a new 960-bed prison at Wiri. Corrections contract with Serco provides stiff financial penalties if its rehabilitation programmes fail to reduce reoffending by 10% more than the Corrections Department programmes.[12] The Auckland South Corrections Facility was opened on 8 May 2015.[13][14] The contract to operate the prison ends in 2040.[15]

Growth in prison population

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In 1950, there were 1,043 New Zealanders in prison.[16] Between 1950 and 2018, the prison population rose from 1,043 to 10,820 – an increase of over 1,000%. At 201 prisoners per 100,000 of population (in 2018), this meant New Zealand had one of the highest rates of imprisonment in the Western world.[17]

The increase was largely driven by politicians of the major political parties in New Zealand competing to be tough on crime - in a process known as penal populism.[18] Between 2000 and 2008, the Fifth Labour Government built four prisons[19] – at Ngawha (Northern Region) housing 420 prisoners, Spring Hill (north of Huntly) housing 840, Auckland Women's housing 330 and Milton (Otago) housing 425 – at a cost of $890 million.[20] When National came to power in 2008, the department built a new 1,000 bed prison at Mt Eden for $218 million[21] in a public private partnership and gave the contract to Serco.[22]

The department's growth has been such that in July 2010, Finance Minister Bill English expressed concerns that government spending was "led by a rapidly expanding prison system which would soon make Corrections the government's biggest department".[23] As at December 2011, New Zealand had 20 prisons and the department employed over 8,000 staff.[24]

Despite English's concerns about the growing cost, in 2011 the government approved the building of a new 960-bed prison at Wiri estimated to cost nearly $400 million.[25] Later that year justice sector forecasts showed a drop in the projected prison forecast for the first time.[26] Charles Chauvel, Labour Party spokesperson for justice, and the Public Service Association both questioned the need for a new prison when there were 1,200 empty beds in the prison system.[27][28] In March 2012, Corrections Minister Anne Tolley announced that the new prison would enable older prisons such as Mt Crawford in Wellington and the New Plymouth prison to be closed. Older units at Arohata, Rolleston, Tongariro/Rangipo and Waikeria prisons will also be shut down.[29]

In 2018, the Labour Government announced a plan to reduce the prison population by 30% over 15 years.[30] While Labour was in Government the prison population dropped more than 25 per cent, from a peak of 10,820 to 7677 in March 2022.[31] Since the coalition of National, ACT and New Zealand First became Government in 2023, the muster has gone back up over 10,000 again for the first time in four years.[32]

Profile of typical prisoner

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The typical prisoner in New Zealand often comes from a background of poverty, trauma, and systemic disadvantage, with Māori disproportionately represented (52% of the prison population despite being 15% of the general population).[33] Children from such backrounds have increased rates of behavioural problems, early substance abuse, depression and anxiety, which may eventually contribute to criminal offending.[34] Gangs often provide a sense of belonging for children who grow up experiencing systemic neglect and abuse.[35] These affiliations perpetuate cycles of crime and violence.

Socio-economic hardship plays a significant role, with many prisoners experiencing poor school performance, undiagnosed learning difficulties, and limited access to education or stable housing.[36] Up to 87% of prisoners in New Zealand were unemployed immediately before their imprisonment. [37] Most prisoners are male (93.9%) and under 30 years old. Nearly half struggle with literacy challenges.[38]

Those who have been sexually abused or subject to serious violence as children have increased rates of post-traumatic stress disorder. For instance, 77% of prisoners have been victims of violence, and over half of incarcerated women report being sexually assaulted.[39] Mental health issues are widespread, with over 62% diagnosed with conditions such as PTSD, depression, or substance use disorders. Neurodiverse conditions like fetal alcohol spectrum disorder (FASD), ADHD, autism spectrum disorder, and traumatic brain injuries (TBI) are also overrepresented in prisons.[40]

Individuals from these backgrounds often resort to substance abuse in a process of self-medication, so addiction issues also drive criminal behaviour. Up to 80% of defendants appearing in Court meet criteria for a substance use disorder and a 2016 study found that of those sent to prison, 91% had a lifetime diagnosis of either a mental health or substance use disorder.[41]

Sentence length

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Although the number of inmates currently stands at about 10,000, the vast majority are on short sentences or on remand. The prison population is very fluid, and altogether up to 20,000 people spend time in prison each year.[42] Nearly 75% of those given a prison sentence are sentenced to two years or less,[43] and all these are automatically released halfway through their sentence.[44]

Cost to taxpayers

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In 2001 the Department estimated that a lifetime of offending by one person costs victims and taxpayers $3 million.[45] The cost of keeping a person in prison for 12 months is estimated at around $150,000.[46]

In 2024, Corrections' operating and capital budget was $1.94 billion. This included funding for the Waikeria Prison expansion, increased prison capacity, and additional corrections officers. [47]

Rehabilitation policies

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Section 6 of the Corrections Act, 2004 states offenders must be given access to activities that may contribute to their rehabilitation and reintegration into the community "so far as is reasonable and practicable in the circumstances within the resources available." Corrections research suggests that if a rehabilitative programme required as part of the sentence could reform just one high-risk offender, that success would be worth at least $500,000 of "benefit" in the form of avoided costs to Police, Courts, Corrections, income support, and victims.[48]

IOMS

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In 2000, a rehabilitation approach based on enhanced computerised access to information about offenders was tried. The new chief executive of the department, Mark Byers, introduced a $40 million scheme designed to reduce reoffending called Integrated Offender Management System (IOMS). At the time it was described as "the biggest single initiative the department has undertaken to reduce reoffending". Seven years later, Criminologist Greg Newbold said the scheme was an expensive failure and described it as "another wreck on the scrapheap of abandoned fads of criminal rehabilitation."[49]

Addictions

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Research suggests that nearly 90% of offenders were alcohol or drug affected in the period leading up to their offence.[50] In 2004 an Ombudsman's investigation into the treatment of prisoners found that only 174 inmates a year were able to receive substance abuse treatment.[51] Since then successive governments have responded by establishing additional Drug Treatment Units (DTU's) within the prison system. By 2011, this increased the number of prisoners able to attend drug treatment to 1,000 a year.[52] This represents only 5% of the more than 20,000 people who spend time in prison each year.[53]

Unfortunately, these Drug Treatment Units are almost totally ineffective. In 2023, the six month drug treatment program reduced reoffending by only 1.9%.[54] In 2024, this programme reduced reoffending by 0.1%.[55]

Criminal thinking

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Corrections also offers rehabilitation programmes targeting criminal thinking and decision making. One such programme called Straight Thinking was delivered to offenders in the community and in prison. Between 2000 and 2006 over 10,000 offenders were required to attend this programme until an evaluation found it appeared to increase the likelihood of re-offending rather than reducing it.[56] The Department replaced Straight Thinking with the Medium Intensity Rehabilitation Programme (MIRP).[57] In 2011, an evaluation of the MIRP found that two years after completing this programme, the reduction in recidivism was zero per cent.[58]

Results

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In 2012 the government announced that an extra $65 million would be put into rehabilitation, in an effort to reduce re-offending by 25% within five years.[59] Five years later, the Department's Annual report for 2018 shows its 17 prison based rehabilitation programmes reduced reoffending by an average of only 5.5%. Only three of the 17 results were considered statistically significant.[60]

In 2024, Corrections offered eight different rehabilitation programmes in prison. The average reduction in reoffending achieved by these programmes was 2.3%.[61] The Alcohol and Other Drug Treatment Court in Auckland reduces the reoffending of graduates by 86%.

Reintegration strategies

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The poor performance of the Department's rehabilitation programmes is partly due to inadequate support provided to prisoners on release. Over 10,000 people on short-term sentences are released from prison each year. Another 2,500 long term inmates are released by the Parole Board.[62] Corrections lists the need for employment, accommodation, education and training, and supportive family and community relationships as key factors.[63]

Of these reintegration needs, finding suitable accommodation is the most significant hurdle. Historically, reintegration has been difficult partly because the Department funds only two halfway houses with a total of 28 beds in the whole country – Salisbury Street Trust in Christchurch and Moana House in Dunedin (co-funded by the Ministry of Health). Less than 1% of the 9,000 prisoners released each year go into them. (In Canada, 60% of federal prisoners are released into halfway houses.[64] There are no halfway houses funded by Corrections in the North Island where the bulk of prisoners are held.[65] There are no halfway houses for women funded by Corrections anywhere in the country.

Suicide in prisons

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Prisoners are four times more likely to attempt suicide and twice as likely to experience suicidal ideation than the general population.[66][67] One of the factors contributing to the suicide rate is the high rate of mental health problems experienced by prisoners.[68] The 'Health in Justice' Report conducted in 2010 by the Ministry of Health found 52% of prisoners had a history of psychotic, mood, or anxiety disorders. Twenty percent of those surveyed (about 1,700 prisoners) said they were ‘thinking a lot about suicide’.[69]

Only limited psychiatric care is available. In its Investigation into Medical and Health Services available to Prisoners, the Ombudsman reported in 2011 that the Corrections Department does not meet Article 22(1) of the United Nations Minimum Standard Rules for the Treatment of Prisoners. This article requires every prison to provide psychiatric services to a similar level to that which is available in the community.[70] The Ombudsman found prison healthcare to be "reactive rather than proactive" and mental health care available to prisoners to be "inadequate or unsuitable".[71]

Violence in prisons

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In regard to the requirement to provide 'safe and humane' treatment in prisons, there are frequent assaults on inmates and staff. Between 2020 and 2024, prisoners made an average of 23 serious assaults (requiring medical intervention) on staff each year and an average of 38 serious assaults on other prisoners. In 2024, there were 52 serious assaults on fellow prisoners.[72]

On rare occasions, these assaults have led to deaths.

  • In 2006, 17-year-old Liam Ashley was stomped and strangled to death by George Baker in the back of a van transporting them to Mt Eden prison from court. Ashley's death led to the introduction of waist restraints in prison vans which lock the inmates hands at their sides.[73]
  • In 2011, Killer Beez gang member, Latu Kepu, punched a prison officer - 33 year old Jason Palmer - in the face. Palmer fell back, hit his head and died later as a result of brain injuries.[74]
  • In April 2015, a 44-year-old inmate, Benton Parata, died in Christchurch Men's Prison after being bashed by three other prisoners.[75]
  • In December 2023, Donovon Michael Duff, 47, fatally stabbed another prisoner, Brian George and was charged with causing grievous bodily harm to another prisoner Po-Chen Chien.[76]

Recidivism

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In March 2009 analysis of the previous 60 months, showed that 70% of prisoners reoffend within two years of being released from prison and 52% return to prison within five years (some of them more than once). For teenage prisoners, the recidivism rate (return to prison) is 71%.[77] The government estimated that if it reached its reduced reoffending target of 25%, there would be 600 fewer people in prison by 2017. In 2014, prison numbers went up (to 8,700) rather than down, due to more offenders being held on remand.[78]

See also

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References

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  1. ^ "FTE employees by department". Workforce data. Public Service Commission. 30 June 2020. Archived from the original on 20 January 2021. Retrieved 9 December 2020.
  2. ^ "Total Appropriations for Each Vote". Budget 2019. The Treasury.
  3. ^ "Corrections Act 2004". New Zealand Legislation. Parliamentary Counsel Office.
  4. ^ Section 5, Purpose of corrections system, Corrections Act
  5. ^ Jeremy Lightfoot appointed Corrections Chief Executive, NZ Law Society, 18 February, 2020
  6. ^ "Department of Justice (Restructuring) Act 1995". New Zealand Legislation. Parliamentary Counsel Office.
  7. ^ "Summary Proceedings Act 1957". New Zealand Legislation. Parliamentary Counsel Office.
  8. ^ "Fact Sheet 54 – Private Prisons – Ideology or evidence led?". Howard League for Penal Reform. 27 April 2009. Archived from the original on 5 February 2013. Retrieved 6 October 2023.
  9. ^ Kay, Martin (14 December 2010). "Govt awards first private prison contract". Stuff. Retrieved 6 October 2023.
  10. ^ "Serco admits 'fight club' reports came months ago". The New Zealand Herald. NZME. 20 July 2015. Retrieved 6 October 2023.
  11. ^ "Serco to pay $8m to Corrections". Radio New Zealand. 4 April 2016. Retrieved 24 December 2017.
  12. ^ Cheng, Derek (8 March 2012). "New private prison at Wiri given green light". The New Zealand Herald. Retrieved 6 October 2023.
  13. ^ "Corrections Department NZ – Auckland South Corrections Facility". 7 February 2018. Retrieved 16 March 2018.
  14. ^ Collins, Simon (8 May 2015). "NZ's first privately-owned jail opened today". The New Zealand Herald. Retrieved 16 March 2018.
  15. ^ Cheng, Derek (5 November 2017). "Govt wants to axe new prison and lower prison muster". The New Zealand Herald. Retrieved 16 March 2018.
  16. ^ New Zealand, World Prison Brief
  17. ^ "Highest to Lowest – Prison Population Rate – World Prison Brief". PrisonStudies.org. Retrieved 1 January 2020.
  18. ^ Penal Populism in New Zealand, Prof John Pratt. Punishment and Society, 2005 7(3):303-322
  19. ^ "Editorial: Tough justice a hardy campaign perennial". The Herald on Sunday. 12 October 2008. Retrieved 6 October 2023.
  20. ^ "Cost of prisoner upkeep soars". Stuff. 30 July 2007. Archived from the original on 29 November 2014. Retrieved 6 October 2023.
  21. ^ Tapaleao, Vaimoana (31 March 2011). "It's a prison, so colour it orange (and green)". The New Zealand Herald. Retrieved 6 October 2023.
  22. ^ "Controversial private prison opens". The New Zealand Herald. NZPA. 30 March 2011. Retrieved 6 October 2023.
  23. ^ "NZ housing 'still way overpriced' says English". The New Zealand Herald. 1 July 2010. Retrieved 6 October 2023.
  24. ^ Savage, Jared (28 April 2011). "Guard who smuggled drugs to inmates charged". The New Zealand Herald. Retrieved 6 October 2023.
  25. ^ Collins, Simon (2 August 2011). "Official nod makes Wiri biggest prison precinct". The New Zealand Herald. Retrieved 6 October 2023.
  26. ^ ADA (12 October 2011). "Sensible sentencing leads to reduction in prison population". infonews.co.nz.
  27. ^ "Prison plans nonsensical – Labour". The New Zealand Herald. APNZ. 22 March 2012. Retrieved 6 October 2023.
  28. ^ "Why build a private prison when we have empty beds in public ones?". Public Service Association. 9 March 2012. Archived from the original on 20 December 2012. Retrieved 6 October 2023.
  29. ^ "Minister defends prison closure plans". The New Zealand Herald. APNZ. 23 March 2012. Retrieved 6 October 2023.
  30. ^ Government aims to cut prison population and fix 'abnormal' system, Stuff 29 march 2018
  31. ^ Exclusive: 'Expensive failure' – New Zealand's cost per prisoner rises while jail population dwindles
  32. ^ Prison population exceeds 10,000 for first time in four years, NZ Herald, 11 November 2024
  33. ^ Hāpaitia te Oranga Tangata, Ministry of Justice
  34. ^ Social Risk Factors for Involvement in Crime, Beehive
  35. ^ Youth gangs in New Zealand, Parliament Research paper, December, 2019
  36. ^ Invisible children: A Study of the Children of Prisoners. Liz Gordon, Pillars, 2009
  37. ^ Up to 87 percent of prisoners unemployed before prison, Scoop, August 2017
  38. ^ What were they thinking? A discussion paper on brain and behaviour in relation to the justice system in New Zealand, Ian Lambie, Office of the Prime Minister’s Chief Science Advisor, January 2020
  39. ^ New Zealand prisoners’ prior exposure to trauma, Marianne Bevan Research Adviser, Department of Corrections
  40. ^ What were they thinking? A discussion paper on brain and behaviour in relation to the justice system in New Zealand, Ian Lambie, Office of the Prime Minister’s Chief Science Advisor, January 2020
  41. ^ Comorbid substance use disorders and mental health disorders among New Zealand prisoners, Jill Bowman, Principal Research Adviser, Practice. The New Zealand Corrections Journal, August 2016.
  42. ^ National Health Committee 2010, p. 23.
  43. ^ Department of Corrections Offender Volumes Report 2011, p 18.
  44. ^ "Release from prison on conditions". Department of Corrections. Archived from the original on 9 February 2013. Retrieved 26 May 2012.
  45. ^ About Time 2001. p. 28.
  46. ^ Exclusive: 'Expensive failure' – New Zealand's cost per prisoner rises while jail population dwindles, NZ Herald, 28 March 2022
  47. ^ Corrections - Supplementary Estimates of Appropriations 2023/24
  48. ^ About Time 2001. p. 44.
  49. ^ "$40m to stop crims reoffending 'a failure'". The New Zealand Herald. 6 December 2007.
  50. ^ About Time 2001. p. 50.
  51. ^ Ombudsmen’s Investigation of the Department of Corrections In Relation to the Detention and Treatment of Prisoners J. Belgrave and M. Smith, Dec 2005, p 41.
  52. ^ Addiction Treatment Units for inmates double, Stuff, 29 September 2011.
  53. ^ Health in Justice, Ministry of Heath, 2010, p 23
  54. ^ Corrections Annual Report 2022-23, p. 202.
  55. ^ Corrections Annual Report 2022-24, p 196
  56. ^ Straight Thinking, Dr Brendan Anstiss, Psychological Services, Department of Corrections website.
  57. ^ Medium Intensity Rehabilitation Programme corrections.govt.nz
  58. ^ Corrections Annual Report 2011, p 6.
  59. ^ "Budget 2012: $65m on reducing reoffending". The New Zealand Herald. 21 May 2012. Retrieved 6 October 2023.
  60. ^ Corrections Annual Report 2028-19, p.159
  61. ^ Annual Report 2023/24, Corrections Department
  62. ^ Expanding Residential Community Care and Services: A policy option for New Zealand? Shaun Goldfinch, Principal Policy Adviser, Department of Corrections, Practice, November 2018
  63. ^ Our approach to reintegration, Corrections Annual Report 2016
  64. ^ Amey Bell & Shelley Trevethan, Community Residential Facilities in Canada, Correctional Service of Canada, p i.
  65. ^ Corrections used to run Te Ihi Tü in New Plymouth. It closed after an evaluation found the programme was "not effective in reducing recidivism amongst participants". Te Ihi Tu Community Residential Centre, Evaluation Report, June 2008, p 31
  66. ^ Bowman, Jill (August 2016). "Comorbid substance use disorders and mental health disorders among New Zealand prisoners". Practice: The New Zealand Corrections Journal. 4 (1) – via Department of Corrections (New Zealand).
  67. ^ Smith, Ray (8 December 2020). "Investing in better mental health for offenders". Department of Corrections (New Zealand). Retrieved 17 May 2022.
  68. ^ National Study of Psychiatric Morbidity in NZ Prisons, 1999.
  69. ^ Health in Justice, p 3.
  70. ^ Wakem, Beverley; McGee, David (2012). Investigation of the Department of Corrections in relation to the Provision, Access and Availability of Prisoner Health Services. p. 134.
  71. ^ Wakem & McGee 2012, p. 140.
  72. ^ Assaults in prisons, Corrections Department
  73. ^ Witness describes horror of prison van death, Stuff, 5 May 2009
  74. ^ Killer Beez member Latu Kepu, who killed guard in prison, loses bid to drop restrictions, NZ Herald, 19 Sept 2022
  75. ^ Dally, Joelle (2 April 2015). "Three charged with murdering Christchurch inmate Benton Parata". Stuff. Retrieved 10 October 2022.
  76. ^ Inmate said he ‘snapped’ after killing fellow prisoner, was serving life sentence for murdering 9-month-old daughter, Stuff, 11 December 2024
  77. ^ Nadesu, Arul (March 2009). "Reconviction patterns of released prisoners: A 60-months follow-up analysis" (PDF). Department of Corrections. Archived from the original (PDF) on 2 May 2012. Retrieved 6 October 2023.
  78. ^ Davison, Isaac (14 November 2014). "Tougher laws blamed for prisoner rise". The New Zealand Herald. Retrieved 6 October 2023.
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