Govt Bans All Smoking In Prisons

[xSUSPECTx]

oh cool then

[Dead Kid]

Guy at work said they now openly discriminate against smokers when hiring for some positions, which surprised me. I think smoking's stupid, but it's getting to the point where it's like racism. What's the difference between turning away someone who smells like durry and someone who smells like curry?

[xsfat]

curry smells good

[Dead Kid]

Nought. I was born with silly questions.

Still, smokers are easy to pick on because they're a minority. It's not so easy to target alcohol or fast food. Our internet addictions might be more vulnerable (doesn't apply to prisons obviously).

[xsfat]

http://tvnz.co.nz/national-news/correct ... ns-5303130

The Corrections Department is standing by a decision to enforce smoke free prisons despite a High Court ruling saying the ban is unlawful and invalid. Career Criminal and Auckland prisoner Arthur Taylor challenged the blanket ban on smoking in the High Court earlier this year.

Last Thursday, Justice Murray Gilbert ruled the ban - which had been in force for 17 months - was "unlawful, invalid and of no effect". Corrections has refused to say whether they would challenge the ruling, but said the ban would remain in place.

"This has not changed our commitment to smoke-free prisons and prisoners and staff will not be able to smoke as per our current regulations," general manager of Corrections services Dr Brendan Anstiss said. Inmates are still forbidden to smoke or possess tobacco-related products because the Government changed Corrections regulations classifying them as contraband.

Inmates 'rapt'

Career criminal Arthur Taylor said he was "chuffed" over the decision and now plans further action to force Corrections to drop it. "I'm really chuffed about it, it is showing them [Corrections] they just can't act outside the law," Taylor, speaking from Auckland's Paremoremo prison, said of last week's decision. "This victory shows Corrections must obey the law like the rest of New Zealand. Prisoners have legal rights too."

Taylor said that was not the case as the Smokefree Environments Act and New Zealand Bill of Rights Act "takes precedence over any changes Corrections have made". Next month Taylor will seek a summary judgement from the High Court to force Corrections to drop the ban. "It shouldn't be incumbent on me to give Corrections legal advice, but if they're not going to get any before introducing [the ban], I guess I have to," Taylor said today.

He said his fellow Paremoremo inmates were "rapt" over the decision and "they're all congratulating me and shaking my hand". "But at the same time, they're powerless in here and they fully expect Corrections to ignore the decision." Taylor, who joked that he was expecting a call from the tobacco industry praising him, said Corrections had "opened themselves up to a whirlwind of harm and distress claims" from prisoners. "They've unlawfully forced them to do something (quit smoking) they're legally entitled to do."

Taylor said despite Corrections claims the ban had created no disharmony in prisons, that was not his experience. "I see the misery around me this has caused."

Crown lawyer Austin Powell unsuccessfully asked the court to suspend the effect of the ruling for six months, on the basis Taylor didn't smoke "and is not affected by the rule" and that it may endanger prison staff. "The court's decision has the potential to affect the entire prison population and all personnel who work in prisons, to their detriment," Powell said. He referred to evidence of improved air quality at prisons and a reduction in fires since the ban was introduced.

Taylor lodged proceedings against the manager of Auckland Prison over the ban in September 2011 and a judicial review hearing took place in August. The 56-year-old argued the prison manager had no power under the Corrections Act to introduce the ban and had not used his "discretion in doing so", instead acting under the direction of the chief executive.

Taylor, who has racked up more than 130 convictions, represented himself during proceedings after a request for legal aid was declined in December last year because, according to the Legal Services Agency, his "prospects of success are not sufficient to justify a grant of aid". He said challenging the ban had cost him "a bloody fortune". He estimated he had spent about $25,000 bringing the matter to court.

Government 'rushed' smoke-free policy

Labour is claiming the Government rushed through the policy outlining smoke free prisons. "We warned them, they didn't listen, but we're offering supports so they can get it right next time because it's not a good look when you get inmate challenged the Department for law," said Kris Faafoi. Faafoi said Labour wants to make sure prisons continue to be smokefree for the sake of both inmates and staff.

The Corrections Department says it will consider whether new legislation is needed to safe-guard the prisons smoke-free status. They claim the benefits are already obvious. "Fires are down more than 70% since the ban has been implemented and the air quality has improved two fold." Corrections claim around 6000 prisoners are no longer smoking since the ban was introduced.

[akaxo]

haha, fucking awesome, what a good cunt.

[akaxo]

anyone that is willing to take on a govt dept in the courts to fight badly planned and implemented policy, especially when that policy comes from a politician like judith collins who has no respect for democratic freedoms, is a good cunt in my books. and even more so for representing himself after legal aid was refused due to them thinking he had no chance of winning and then going on to win.

it's not like he was a kiddie fiddling tv comedian or anything.

[Rude Mike]

curry smells good

Depends on what kind, I have honestly smelled far more disgusting odours emitting from Indian residences than any other. And I used to party at Cardigan St. . . .

[ghetto ninja]

WTF
Are you intentionally trying to be a fuckwit?

[crain]

Guy at work said they now openly discriminate against smokers when hiring for some positions, which surprised me. I think smoking's stupid, but it's getting to the point where it's like racism. What's the difference between turning away someone who smells like durry and someone who smells like curry?

more/longer breaks, worse health = higher insurance. plenty of reasons and if smell isnt one of them then it definitely should be.

you dont choose your race, what have you been smoking to make you say such silly things today

frequent, short interval breaks, when needed, have been proven to increase productivity. Yet even with that knowledge i don't like colleagues/subordinates taking them.. .. not sure why the resentment remains.
RE that arthur chap, despite priors he seems to be reasonable.

[Rude Mike]

WTF
Are you intentionally trying to be a fuckwit?

No, just a personal experience; it's not even generalising all Indians. It just happens to be what I have encountered.

[Rude Mike]

I have smelled many delightful aromas in Indian abodes also

[bridge.]

"This victory shows Corrections must obey the law like the rest of New Zealand. Prisoners have legal rights too."

Irony of a career criminal telling someone else to obey the law? Get a fuck.

[FC]

Gotta agree with akaxo, the ban was stupid, it's not like they were giving out free smokes before this.

[bridge.]

It's not like you can smoke anywhere else inside in nz though.

I was skeptical before they implemented it, but it sounds like it's only had good outcomes. Other than this latest development of course.

[FC]

I think you mean "they're telling us it only had good outcomes". What the fuck is this "6000 prisoners were no longer smoking since the ban took effect". Shouldn't it be all of them? If they banned smoking in cells, that would be one thing, but aren't they banning it everywhere? You and I can go somewhere if we want a smoke, clearly they can't. Seems like the courts may agree too.

[akaxo]

It's not like you can smoke anywhere else inside in nz though.

one obvious exception is peoples homes

[Dixon Cider A.C.]

How many other people's home is another's workplace

[FC]

How many people are forced to work in prisons

[bridge.]

Probably lots via their own circumstances.

How many people are forced to allow others to smoke in their house?


All that ruling means is that the government will tinker with some other laws to make it legal. They even have minority party support. Net effect = 0

[FC]

Except on the lives of prisoners, probably already under massive stress under a system that encourages punishment over rehabilitation. Yay.

[bridge.]

yes....poor mr. Taylor.

[FC]

I guess, it cost him around $25,000 under his estimates. I assume that's what you mean, because one would assume you read the article that stated that he doesn't actually smoke himself.

[bridge.]

i was just empathising with him for being so stressed out.

[FC]

Could probably do with a smoke.

[FC]

Only if smoking is a crime. We're meant to be moving in the other direction.

[akaxo]

all this is ignoring the fact the corrections dept, under the direction of judith collins, implemented a regulatory change that contradicted at least two laws and, despite it being ruled "unlawful, invalid and of no effect" by the courts after an inmate representing himself challenged it in court, are still refusing to budge on it.

another piece on this today: http://www.stuff.co.nz/national/8143474 ... ban-ruling

[Dixon Cider A.C.]

Hahaha

[akaxo]

agreed but i'm not sure the best way to encourage people to stop using a drug they're addicted to is to ban it and punish them for being in possession of it...

[Fiction & Falsehood]

whats going on in this thread?