Acknowledgments
I should like to express my sincere thanks to the Human Rights Commission (HRC) for
inviting me to undertake this review. Too frequently, little is done to examine whether
recommendations made in reports such as my 2017 review of seclusion and restraint
practices in New Zealand, are met, and whether promises are acted on. Thanks are
due to Jaimee Paenga, Legal Adviser, HRC, who worked alongside me on this project
from the very start, and maintained her calm, competent composure throughout what
can only be described as a highly unusual time. Many thanks also to Janet AndersonBidois, former Chief Legal Adviser, HRC, and to John Hancock who replaced her, for
commissioning this report and working alongside me, and to Eleanor Vermunt, Legal
Adviser, HRC, for her excellent briefings and papers. Finally, my thanks to Chief Human
Rights Commissioner Paul Hunt, Disability Rights Commissioner Paula Tesoriero MNZM,
Equal Employment Opportunities Commissioner, Dr Saunoamaali’i Karanina Sumeo and
Race Relations Commissioner, Meng Foon, and Deputy Chief Executive Tricia Keelan, for
supporting this work.
We invited a small number of civil society organisations to make informal submissions
to this review. I am very grateful to: Amnesty International New Zealand; Balance
Aotearoa; Barnardos; Health, Quality & Safety Commission; Wellington Howard League;
Just Speak; Mental Health Foundation; People Against Prisons Aotearoa (PAPA); and Te
Pou for their invaluable contributions. I look forward to continuing our work to improve
conditions for those people who are held in closed institutions.
Thanks to the Office of the Children’s Commissioner, and in particular to Tanya Jondahl,
for accompanying us on a visit. Many thanks to the Office of the Ombudsman for
their insightful comments and suggestions. Many thanks also to Matt Beattie, Principal
Advisor at Oranga Tamariki, for ensuring that we were able to access all the information
requested in a timely manner, and to Emma Roebuck, Patrick, and to Dolly and Wendy
for their support.
Particular thanks to Julie Miller at the Department of Corrections for her open and
helpful approach and for her efforts to respond to all our queries and requests, and to
Valerie Shirley for doing the same when Julie left. Peter Johnston and Paula Thomson
very helpfully pulled together the data requested: my thanks to them, and to Chief
Inspector Janis Adair, and to Rebecca Gormley, Fiona Irving and Elaine Smit at the Office
of Inspectorate, for generously sharing their time and expertise. Many thanks also to
Waitemata DHB, Capital and Coast DHB, Mental Health and Addictions at the Ministry
of Health, and to Mental Health, Addictions and Intellectual Disability Service for
providing data and information on seclusion and restraint practices.
Last but not least, I am grateful to the many people who engaged with us during our
visits – managers, staff, and, in particular, service users, for sharing their experiences
and thoughts with us. It is my sincere hope that this report will serve to help improve
their treatment and conditions.
Sharon Shalev
London, November 2020
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