Read The Times Australia

Daily Bulletin

Jailing the Christchurch terrorist will cost New Zealand millions. A prisoner swap with Australia would solve more than one problem

  • Written by: Alexander Gillespie, Professor of Law, University of Waikato

There is no death penalty in New Zealand, unlike the United States. But Christchurch terrorist Brenton Tarrant, due for sentencing next week, will be going to jail for a very long time.

A minimum of 17 years is required for a murder committed as part of a terrorist act, and Tarrant has admitted to 51 such murders (among other crimes).

Also unlike the US, New Zealand does not allow cumulative sentences. But it does allow for the imposition of what could become an indeterminate sentence, with no minimum parole period.

To lock Tarrant up in perpetuity will be very expensive. He is currently costing just over NZ$4,930 a day due to the extra levels of security, considerably more than the average of about $338 for a standard prisoner.

The next two years alone will cost New Zealand taxpayers about $3.6 million. The final sum for the 28-year-old terrorist will depend on how long he lives and the ongoing level of security he requires. If he has a normal life span the cost may be in the tens of millions per decade.

Should he stay or go?

In the minds of many, the costs and hassle of incarcerating Tarrant will be an acceptable price to pay. Foreign citizen or not, there is a symbolic and ethical responsibility for us to keep the rat we caught.

New Zealanders old enough to remember are still jaundiced from the last time we caught terrorists, the French agents Dominque Prieur and Alain Mafart who were directly linked to the bombing of the Rainbow Warrior in 1985.

Read more: Explainer: will life mean life when the Christchurch mosque killer is sentenced?

The two were handed back to France as part of a reconciliation deal. But the French government quickly broke the terms of agreement, repatriating the prisoners from their detention on a South Pacific atoll to a normal life in France.

Another such act of bad faith is unlikely, as Tarrant has no government in his corner arguing for his repatriation. He does, however, have a government behind him that has implemented specific legislation to obtain the transfer of its own citizens when incarcerated in foreign countries, to serve their sentences on home soil.

Prisoner and two police officers in courtroom Christchurch terrorist Brenton Tarrant appears in the District Court on March 16, 2019. He subsequently pleaded guilty to all charges. AAP

This is not unusual legislation. Although there is no overarching international law, regional and bilateral initiatives are common. Australia’s International Transfer of Prisoners Act, for example, aims to facilitate the transfer of prisoners between Australia and countries with which it has agreements.

Prisoners can serve their prison sentences in their country of nationality or in countries with which they have community ties. There are strong economic, social and humanitarian reasons for this approach.

The deportation of ex-prisoners will increase

Here is the catch. New Zealand has no such relationship with Australia. Unlike most comparable countries, we have little interest in the international transfer of prisoners, preferring to take a hard line when it comes to Kiwis in foreign jails.

Partly because of this, since 2014 Australia has allowed non-citizens to have their visas cancelled on character grounds, including having been sentenced to prison for more than 12 months.

Read more: How will the court deal with the Christchurch mosque killer representing himself at sentencing?

So, although New Zealand prisoners in Australian jails may not be transferred to serve their sentences at home, they will be deported at the end of their sentences.

From early 2015 to mid-2018, about 1,300 New Zealander ex-prisoners had been deported from Australia. After a brief interlude due to COVID-19, the deportations resumed.

It is no exaggeration to say this policy (and the cruel standards by which it is applied) are a significant irritant between the two countries.

If it doesn’t change it’s likely to get worse, too. As of mid-2019, New Zealand prisoners made up 3% of the total Australian prisoner population (43,028) – about 1,100 people.

Conversely, there were only about 35 Australians in our jails, out of about 320 foreigners in New Zealand’s much smaller prison population (9,324 as of March, 2019).

Read more: Remembering my friend, and why there is no right way to mourn the Christchurch attacks

Time for new deal on expat prisoners

Somewhere in the middle of this darkness there is a glimmer of hope – the chance of a deal and a better relationship between the two countries.

Sign a prisoner transfer agreement. Exchange Tarrant and make him serve out his sentence in Australia, as ruled by the New Zealand judicial system.

Revise the rules for the deportation of New Zealanders who have committed crimes in Australia but been resident for a long time. Move the threshold for deportation from one to three years in prison and make it reciprocal.

Thereafter, recent arrivals in either country who commit serious crimes (such as Brenton Tarrant) are transferred home to serve their time in accordance with their sentences.

Do this and we might start to move forward.

Authors: Alexander Gillespie, Professor of Law, University of Waikato

Read more https://theconversation.com/jailing-the-christchurch-terrorist-will-cost-new-zealand-millions-a-prisoner-swap-with-australia-would-solve-more-than-one-problem-144199

Business News

Why Choosing the Right Bollard Supplier Matters for Australian Businesses and Public Spaces

From busy CBD streetscapes to sprawling warehouse loading docks, bollards have become one of the most essential safety and security fixtures across Australia. Whether protecting pedestrians from veh...

Daily Bulletin - avatar Daily Bulletin

Why Modular Content Is Transforming Modern Marketing Teams

Modern marketing teams are expected to produce more content than ever before. They need to support websites, landing pages, email campaigns, social channels, product pages, sales enablement material...

Daily Bulletin - avatar Daily Bulletin

Everything You Need to Know About Getting Support from Optus

Whether you've been an Optus customer for years or you've just switched over, at some point you'll probably need to contact their support team. Maybe your bill looks different from what you expected. ...

Daily Bulletin - avatar Daily Bulletin

The Marketing Strategy That’s Quietly Draining Sydney Business Owners’ Bank Accounts

Sydney businesses are investing more in digital marketing than ever before. The intention is clear. More visibility should mean more leads, more customers, and steady growth. However, many business ...

Daily Bulletin - avatar Daily Bulletin

Why Mining Hose Solutions Are Essential For High-Performance Industrial Operations

In environments where the ground itself is constantly shifting, breaking, and being reshaped, every component must be built to endure. Mining operations are among the most demanding in the industria...

Daily Bulletin - avatar Daily Bulletin

The Reason Talented Teams Underperform

If you’re in business, you might have seen it before. A team of capable and smart people just suddenly slows down, and things start spiraling out of control. On paper, everything looks perfect, but ...

Daily Bulletin - avatar Daily Bulletin

Why More Aussie Tradies Are Moving Away From Paid Ads

Across Australia, a lot of tradies are busy. There’s no shortage of demand in industries like plumbing, electrical, landscaping, and building. But being busy doesn’t always mean running a smooth or...

Daily Bulletin - avatar Daily Bulletin

Why Careers In The Defence Industry Are Growing Rapidly

The defence sector has evolved far beyond traditional roles, opening doors to a wide range of opportunities across technology, engineering, intelligence, and operations. This is where defense industry...

Daily Bulletin - avatar Daily Bulletin

Strategic partnerships to enable global acceleration for Aussie fashion brands: SHEIN Xcelerator launches

SHEIN Xcelerator is introducing a more agile, demand-led operating model, allowing brands to scale while retaining control over creative direction and identity. For fashion brands, the pressure t...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...

5 Signs Your Car Needs Immediate Attention Before It Breaks Down

Car problems rarely appear without warning. In most cases, your vehicle gives clear signals before...

Ensuring Safety and Efficiency with Professional Electrical Solutions

For businesses in Newcastle, a safe and fully functioning workplace remains a key part of day-to-d...

Choosing The Right Bin Hire Solution For Hassle-Free Waste Management

When it comes to managing waste efficiently, finding the right solution can save both time and eff...

Why Cleanliness Is Critical In Childcare Environments

Children explore the world with curiosity, often touching surfaces, sharing toys, and interacting ...

What to Look for in a Reliable Australian Engineering Partner

Choosing an engineering partner is rarely just about technical capability. Most businesses can fin...

How to Choose a Funeral Home That Supports Families with Care

Choosing a funeral home is rarely something families do under ideal circumstances. It often happen...

Why Premium Coffee Matters in Modern Hospitality Venues

In hospitality, details shape perception long before a guest consciously evaluates them.  Lightin...