Ministry of Housing

Introduction

The main reason for providing information to Housing New Zealand Corporation is to enable them to take all reasonable precautions when allocating accommodation to a high risk offender, and when managing that tenancy once allocated.

Objective

The agreement is intended to reduce re-offending by facilitating the reintegration of offenders into the community. It is acknowledged that:

• offenders have special needs for reintegrative support, particularly on release from prison or on community-based sentences, and
• information on the rights and responsibilities of tenants and landlords, and tenancy dispute resolution services is important to the successful reintegration of offenders into the community.

Privacy

Information may only be provided in accordance with relevant legislation - particularly the Privacy Act 1993.

Corrections will provide offender information to HNZC if:

a) the source of the information is a publicly available document

b) the offender has specifically consented to the release of the information

c) or the release is necessary to:

i. enforce a law or pecuniary penalty

ii. protect public revenue

iii. for judicial proceedings

iv. avoid prejudice to the maintenance of the law by HNZC

v. prevent or lessen a serious and imminent threat to the life or health of the offender concerned or another individual

vi. prevent or lessen a serious and imminent threat to public health or public safety.

Information can therefore be provided if it is already publicly available, if the offender consents to the release of the information, or if the release is considered necessary to prevent or lessen a serious and imminent threat.

Interaction between HNZC and Corrections

HNZC will endeavour to provide an urgent housing solution to released offenders in consultation with the Department of Corrections.

This protocol envisages three levels of interaction between Corrections and HNZC:

a. routine

b. child sex offenders

c. critical.

Contact Points

The following points of information exchange will operate between the Departments

Routine

Routine cases are those where the release of an offender is known and is being planned for and the offender is not a child sex offender or to be treated as a critical case.

Schedules one and two of the MOU set out the services to be provided for routine cases.

Corrections would not ordinarily provide any additional information to HNZC on routine cases.

Child Sex Offenders

The management of child sex offenders will be based on the best practice pilot being trialed in Dunedin.

The broad principles underpinning the Dunedin pilot are of agencies working closely and collaboratively to achieve shared outcomes.

The process for sharing of information will be based on information sharing agreements entered into between the two agencies under the Parole (Extended Supervision) Amendment Act 2004.

In the interim the following criteria will apply:

a. has an urgent need for housing; and

b. is a child sex offender; and/or

c. has a record of previous offending involving serious violent or sexual offending (including child sex offences); and

d. presents a high risk of reoffending (having regard to Corrections risk management tools and measures); and

e. due to these factors, any failure to secure suitable housing will significantly increase the risk to the life or health of the offender or another individual and/or the risk the offender poses to public health or safety.

The procedure will be that as for offenders fitting the critical category.

Critical cases

Critical cases are those where an offender:

f. has an urgent need for housing; and

g. is not a child sex offender; and

h. has a record of previous offending involving serious violent or sexual offending (other than child sex offences); and

i. presents a high risk of reoffending (having regard to Corrections risk management tools and measures); and

j. due to these factors, any failure to secure suitable housing will significantly increase the risk to the life or health of the offender or another individual and/or the risk the offender poses to public health or safety.

Critical cases

In such circumstances the following process shall apply:

Corrections will contact HNZC and briefly outline the need for accommodation.

In outlining the need for accommodation Corrections will provide sufficient information to enable HNZC to identify and secure suitable accommodation for the offender including, where appropriate and consistent with page 2.13 above, the following information:

• the offender's personal details
• details of the offender's most recent offence and the sentence given for that offence;
• details of any serious violent offending, any sexual offending, or any arson related offending for which the offender has been sentenced (including the nature of the offence, the type and length of sentence given, and relevant dates);
• a brief summary of the offender's full offending history (i.e. how many offences s/he has been sentenced for, over what period, and what was the predominant nature of the offending);
• any other information which may be relevant to the risk posed by the offender (e.g. failure or willingness to co-operate with treatment, intellectual disability, mental illness, extent and location of community support networks etc.)
• details of conditions or special conditions which apply to the offender
• any other issue relating to the location of an offender otherwise not covered by the above points - e.g. proximity to certain programme providers, public transport, etc.

HNZC will endeavour to provide an appropriate urgent housing solution (which may include actual provision by social housing sector).

Both parties will work together to ensure the proposed housing solution is appropriately supported to achieve the objectives outlined in the protocol.

Critical cases

When providing the information, outline the link between the particular risk the offender poses and their housing needs. Similarly, if there is a concern about finding accommodation that is removed from the location of the victim, then HNZC will need to be advised of this.

In the absence of specific information, draw HNZC's attention to the offender's most serious past offence or pattern of offending.

Gaining the offender's consent

When releasing an offender's personal information to HNZC the offender's consent should be sought in the first instance. If the offender refuses to consent but the protocol applies, then the information detailed above should be supplied to HNZC.

Note: It is important to advise the offender of the information to be released, whether or not their consent is obtained.

If the protocol does not apply but an offender (i.e. not one that is considered to pose a serious and imminent threat) agrees to the release of personal information and the Probation Officer is of the opinion that it is necessary, then the information can be provided to HNZC.

Note: It is important to ensure the offender's written consent has been obtained to do this.