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What has the Department of Corrections done (if anything) to remedy the failing found by the court in Cheng v Prison Manager, Auckland South Corrections Facility [2022] NZHC 3015 at paragraph 76 that "This judgment holds the Corrections Act required the Minister to fix rates under that Act. The Minister has not done so. The judgment concludes the Minister acted unlawfully in not doing so."?

Answered Question 13316 (2026)
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Asked by

Duncan Webb

Member for Christchurch Central · Labour Party

Question

  • What has the Department of Corrections done (if anything) to remedy the failing found by the court in Cheng v Prison Manager, Auckland South Corrections Facility [2022] NZHC 3015 at paragraph 76 that "This judgment holds the Corrections Act required the Minister to fix rates under that Act. The Minister has not done so. The judgment concludes the Minister acted unlawfully in not doing so."?

Answered by

Hon Mark Mitchell

Member for Whangaparāoa · National Party · Minister of Corrections

Answer

I am advised that, in August 2023, the then Minister approved the rates of earnings payable under the Prisoner Incentive Allowance Framework, pursuant to section 7(1)(b) of the Corrections Act 2004.