Kelvin Davis orders Corrections to overhaul treatment of women in prison

March 22, 2021
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Kelvin Davis is ordering the Department of Corrections to urgently overhaul its treatment of women in prison, after what he calls "unacceptable" failings highlighted by an investigation into Auckland Women's Prison.

The Corrections Minister today released a letter sent to Jeremy Lightfoot, chief executive of Corrections.

In it, Davis says: "The corrections system and network was built to suit the needs of male prisoners. I believe we need to review the system and network to ensure we operate our women's prisons based on the needs of female prisoners."

He's ordered an overhaul of treatment of women in prison, saying there were "unacceptable" failings.

It includes wanting more training for frontline staff, particularly around processes including the use of force, segregation, cells and searches, and how to best manage difficult situations.

An investigation into Auckland Women's Prison was triggered after allegations including unreasonable use of pepper spray and confinement cells.

When it comes to the specific women impacted, Davis says Corrections needs to apologise.

"As the minister, I will also apologise for any harm caused, given the system I am responsible for failed to treat them in line with what is right, what is good and what is promised in Hōkai Rangi."

Late last year, RNZ revealed two women at the high security prison had been seriously mistreated.

In one incident Mihi Bassett, who is asthmatic, was repeatedly pepper-sprayed in her cell as corrections officers blocked the door to stop the gas escaping.

When she was charged with arson after setting fire to prison property in protest of her treatment, Manukau District Court Judge David McNaughton said the women were treated in a "degrading", "cruel" and "inhumane" manner in a "concerted effort to break their spirit", RNZ reports.

Davis also ordered a review of the complaints process within the prisons.

In its own statement today, the Department of Corrections confirmed it met with and apologised to the three women at the centre of the complaints on Friday.

“I would like to publicly reiterate the apology we have made to these women," regional commissioner Lynette Cave says.

"Despite the challenges of working with people who sometimes exhibit very difficult behaviour, we must always uphold the highest standards. I am deeply sorry that for these three women, we didn’t."

A "financial settlement" is possible as well as access to counselling, a formal apology and "participation in designing our policies and practices for managing women with challenging and violent behaviour in future", Cave says. 

The preliminary findings of the independent Corrections Inspectorate report found there were significant failures in the women's treatment from April 2019 onwards, calling it a "systematic failure of oversight".

That includes incorrectly housing them in confinement cells and "inappropriate" treatment by guards.

In order to get food, they were made to kneel or lie on the floor before their cell door was opened. If they didn't obey, they didn't get fed, the report says.

"There was in my view some evidence that these plans were implemented in a way that went beyond reasonable management," the report says.

"For example, on one video Ms Cripps was sitting at the opposite end of the cell but refusing to kneel when instructed. Staff withheld food."

Complaints weren't escalated appropriately, including a complaint from one of the women that she was choked by a guard.

Use of force, including pepper spray, was "not always reviewed or filmed as required by policy".

The Department of Corrections says all recommendations in the Inspectorate's final report will be accepted.

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