It is estimated the prison population will rise by 5,000 in the next decade, that will mean more prisons, more staff and many a cost of many more millions of dollars.
But the Chief Justice Dame Sian Elias has an idea to prevent the increase - the government should look at granting prisoners a get out of jail free card.
"Other countries use executive amnesties to send prisoners into the community early to prevent over-crowding," says Dame Sian Elias.
"Such solutions will not please many but the alternatives and the cost of overcrowding need to be weighed,” she adds.
That brought an immediate shout of objection from Justice Minister Simon Power
“It does not represent government policy,” says Mr Power.
According to Power it never will. He's also offered Dame Sian some pointed advice.
“The government makes the law on behalf of New Zealanders who elect them, judges take that law and apply it. That’s the end of the matter,” says Mr Power.
But the Chief Justice says imprisonment doesn't work.
More needs to be done on rehabilitation, there should be more use of home detention and to cap it all, sentences are now too long.
But ACT believes …
“What we need in fact is more imprisonment, not less, the policies of treating criminals as though they need therapy and release them to some sort of community care simply hasn't worked,” says ACT MP and law and order spokesperson David Garrett.
But prison staff say she should be acquitted of criticism on all counts.
“They are in line with what’s happening around the world, she’s not the first person to suggest this, she just happens to be the person who's bravest to say it in New Zealand,” says Brendon Hanlon.
But bravery doesn't always win in politics and Dame Sian Elias is going down without appeal on this one.
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