(a) extended cell lock-up times in excess of 24 hours per day;122
(b) limits on outside visitors (including legal representatives and family);123
(c) reduced access to education and rehabilitation programmes which are often a prerequisite
to parole for sentenced prisoners;124 and
(d) mandatory transfers to prison sites outside their home region, without a right of review. In
some cases, these transfers resulted in a discontinuance of prisoner’s work, education and
rehabilitation programmes, and a disconnection between Māori prisoners and their
whenua (cultural ties to ancestral land).125
103.
Corrections has undertaken initiatives to address these issues. Free telephone calls are
available at all sites, and there is access to audio-visual technology if required for court and
Parole Board appearances. Corrections has also undertaken a sustained national recruitment
drive seeking more frontline staff. However, they remain understaffed, in part due to the time
it takes to train staff appropriately.
104.
As at May 2023, face-to-face visits for legal representatives had resumed at all prison sites, and
had reopened for family in some capacity at all but one site. 126 However, of the 17 sites that
currently allow face-to-face family visits, 10 have not resumed full operations and visits were
noted as being subject to “limited availability”. The risk of torture and ill-treatment is
heightened when people in detention are cut off from full interactions with independent
monitoring agencies, statutory visitors and their whānau (family). A lack of connection with
whānau is likely to particularly affect Aotearoa New Zealand’s Māori and female prison
populations. Women are more likely than men to have been the primary caregivers for their
children immediately prior to entering prison. Māori society is founded on wider whānau, hapū
and iwi relationships and is largely based on a matriarchal model. Removal of wāhine Māori
from whānau and communities evokes historic trauma of from child removal policies.127
105.
In May 2021, the Chief Ombudsman began a systemic investigation into how Corrections has
responded to repeated calls for reforms aimed at improving conditions for people in prison.128
The Chief Ombudsman launched this investigation in response to the protests at Waikeria
Prison from 29 December 2020 to 3 January 2021 which resulted in litigation including a
number of claims with the Waitangi Tribunal against the Crown alleging a range of breaches to
COVID-19 worker shortage Newshub (8 March 2022) available at https://www.newshub.co.nz/home/newzealand/2022/03/auckland-prison-inmates-confined-to-cells-for-44-hours-straight-due-to-covid-19-workershortage.html; Eva Corlett, ’People don’t want to spend money on law breakers’: staff shortages send New Zealand’s
prisons to crisis point” The Guardian (18 January 2023) available at
https://www.theguardian.com/world/2023/jan/19/people-dont-want-to-spend-money-on-law-breakers-staffshortages-send-new-zealands-prisons-to-crisis-point.
122 Contrary to the Nelson Mandela Rules, rules 23(1), 43(1), 44, 45(1).
123 Ibid., rules 3, 58(1)(b) and 61(1).
124 Ibid., rules 4(2), 104, and 105.
125 Ibid., rule 59.
126 See Ara Poutama | Department of Corrections, Staying connected with people in prison (22 May 2023) available at
https://www.corrections.govt.nz/our_work/in_prison/staying_connected_with_people_in_prison/visits/prison_visit_
updates.
127 See Aotearoa New Zealand Human Rights Commission Maranga Mai!, above n 23.
128 Ombudsman New Zealand, Investigation Terms of Reference: Ara Poutama Aotearoa | Department of Corrections –
actions and/or omissions to make sustained and significant improvement to prisoner welfare and rehabilitation (18
May 2021) available at https://www.ombudsman.parliament.nz/resources/investigation-terms-reference-arapoutama-aotearoa-department-corrections-actions-andor.
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