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16 Resources Show all
Report on an unannounced inspection of Whanganui Prison - 4 September 2018
OPCAT reportsThe following report has been prepared in my capacity as a National Preventive Mechanism under the Crimes of Torture Act 1989 (COTA). My function under the COTA is to examine and make any recommendations that I consider appropriate to improve the treatment and conditions of detained persons in a number of places of detention, including prisons. This report examines the treatment and conditions of persons detained in Whanganui Prison.Report on an unannounced follow-up inspection of Christchurch Women's Prison - 4 April 2018
OPCAT reportsIn 2007, the Ombudsmen were designated one of the National Preventive Mechanisms (NPMs) under the Crimes of Torture Act (COTA), with responsibility for examining and monitoring the general conditions and treatment of detainees in New Zealand prisons.Report on an unannounced inspection of Arohata Upper Prison - 21 March 2018
OPCAT reportsThe Upper Prison was facing considerable challenges. Resources, infrastructure and staffing were under pressure, which was compounded by the geographical separation from the administrative centre at Tawa. Day-to-day operating systems and arrangements for dealing with women were not fully embedded. Reception and induction processes were poor, and information for foreign prisoners was not available. Significant delays in access to personal property were a source of frustration for many women, reflected in the growing number of complaints and misconducts.Department of Corrections staff to follow legislative requirements when segregating inmate
Case notesDepartment of Corrections held prisoner in Management Unit without following required procedure—segregation legislation and regulations are clear and prescriptiveImmigration New Zealand’s decision to issue Deportation Liability Notice unreasonable in circumstances
Case notesImmigration New Zealand (INZ)’s decision to issue a Deportation Liability Notice (DLN) was unreasonable—compliance officer inferred situation that complainant was then not given an opportunity to explain—Ombudsman sustained complaint—INZ restored immigration status to complainant with open conditionsImmigration New Zealand’s advice to Associate Minister of Immigration unreasonable
Case notesImmigration New Zealand (INZ)—misleading and inadequate advice provided to Associate Minister of ImmigrationImmigration New Zealand officials’ poor record keeping resulted in unreasonable intervention in appeal process
Case notesImmigration New Zealand (INZ)—incorrect advice given to complainant based on misunderstanding of complainant’s situation—misunderstanding caused by lack of proper record keeping by INZ—failure to refer complainant to her legal advisor before she made a significant change to her immigration situation—removal order cancelled, person returned to NZ with ongoing permitsImmigration New Zealand unreasonable to stamp decline in passport
Case notesImmigration New Zealand unreasonable to stamp passport to show application was declined when no legal authority for this practiceDepartment of Internal Affairs accepts process cancelling citizenship managed unreasonably
Case notesComplaint about decision of Department of Internal Affairs (DIA) to de-register complainant’s NZ citizenship by descent - complainant adopted in India by uncle who was NZ citizen - adoption considered to be a ‘recognised overseas adoption’ and complainant was registered as a citizen by descent in October 2002Prison unnecessarily holds inmates in secure unit
Case notesPlacement of minimum secure inmates in maximum security conditionsImmigration Service allows reconsideration of residence application
Case notesApplication for residence declined on ground that false declaration supplied—principles of fairness and natural justice—provision of a fair hearingImmigration Service delays to process permit reconsideration prompting staff training
Case notesImmigration—work permit—delay in reconsidering application-reconsideration process—staffing and training analysis—complaints resolvedImmigration Service inconsistent applying test for employers supporting residence applications
Case notesApplication for permanent residence on occupational ground—declined on grounds that nationwide advertising for position had not been undertaken by employer—different approaches taken by Regional and Head OfficesDepartment of Internal Affairs administrative practice regarding prefix name in passports not unreasonable in the circumstances
Case notesRefusal to issue passports with names printed as requested-invasion of privacy-administrative convenienceImmigration Service fails to provide adequate opportunity to comment on adverse information and failed to give clear reasons for decline decision
Case notesImmigration-residence visas—applications provisionally approved and subsequently declined—reasons for declining not given at time of provisional approval-whether decisions to decline unlawful or unreasonable—whether procedures adopted in declining applications unreasonableImmigration Service fails to consider residence application in accordance with policy
Case notesUnreasonable decision to decline application for permanent residence Misapplication of policy following a policy change