Scathing report on Corrections says prisoners 'collateral damage'

A new report instigated by the Waikeria Prison riots has found Corrections' senior leadership team has failed to address systemic cultural issues, impacting treatment of prisoners.

Today, Chief Ombudsman Peter Boshier released the findings of his investigation into how the Department of Corrections has responded to repeated calls for improvements in the way prisoners are treated.

He said as most prisoners return to society it was important they were treated with dignity and respect to minimise the chance of reoffending, and the catalyst for the investigation was the 2020/2021 Waikeria Prison riots.

"Waikeria was one of many prisons I had inspected over a number of years where despite countless recommendations for change by both me and other oversight agencies, the same issues kept coming up, again and again," Boshier said.

"Those issues included unreasonable lock up hours, a lack of privacy in toilet and shower areas and, in the case of Waikeria, decrepit conditions in its high security areas. The Department accepted most of the recommendations yet the riots occurred."

He said that "troubled" him so much he believed a "deep dive" was necessary to understand why Corrections hadn't been able to make "meaningful and long-lasting change".

"My investigation identified a range of systemic issues and a senior leadership team that was failing to address a risk-averse and reactive culture.

"I was concerned to find that people I interviewed during the course of my investigation consistently described a divided organisation and a pattern of disconnection at all levels, mainly between frontline prison staff and head office."

He said in his view all of the issues outlined could have been addressed by Corrections' senior leadership team but had not.

"I accept that the department is attempting to overhaul its approach but progress has been too slow and the fair treatment and rights of prisoners have, unfortunately, been the collateral damage."

Boshier said he saw limited evidence Corrections' senior leadership had paid serious attention to the feedback from staff surveys, and they "should have known" about many of the culture and leadership issues identified in today's report.

He said he'd also heard concerns about Corrections' "lack of openness and accountability".

"People from outside the department frequently said that Corrections often operated in secret. These views were not surprising since prisons are closed institutions. But I believe more openness and transparency are needed.

"I was also surprised to find during my investigation, that prisoners’ rights were not at the heart of decisions made at every level of the organisation."

Boshier said Corrections had legal obligations to treat prisoners fairly, safely and humanely, and to make sure their living conditions met an acceptable standard, but Corrections' approach to its governing legislation was too narrow.

"That is why I am recommending that the Corrections Act 2004 and the Corrections Regulations 2005 are reviewed to make sure Te Tiriti o Waitangi, the New Zealand Bill of Rights Act and relevant international human rights obligations such as the Mandela Rules, are given greater emphasis."

Other areas of concern included a lack of cultural competency and capability across Corrections to work in partnership with Māori, he said, and Corrections' "tendency to explain away the concerns and recommendations of oversight bodies".

"The Department needs to see the recommendations and suggestions from agencies like mine for what they are - opportunities for change.

"I am aware that the current chief executive is making efforts to transform the way the department operates.

"However, the culture that is deeply rooted within the department has impeded the efforts of successive chief executives from making progress."