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  • Report on an unannounced inspection of Whanganui Prison - 4 September 2018

    OPCAT reports
    The 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.
  • Local Authority excludes public from meeting when agenda item about water issues

    Case notes
    Complaint about a Local Authority (the Council) to exclude the public from a part of its Audit and Risk Committee meeting regarding its discussion of agenda item relating to water quality and water restriction issues—insufficient weight was given to the public interest in the subject matter of the agenda item
  • Report on an unannounced follow-up inspection of Christchurch Women's Prison - 4 April 2018

    OPCAT reports
    In 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 reports
    The 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.
  • Early resolution of a potential water restriction to a family home

    Case notes
    A family received notice that an agency would be severely restricting its water supply because of an overdue account. Once the Ombudsman became involved, the agency reviewed its accounts and realised it was in error. On the Ombudsman’s request, the agency apologised to the family and committed to reviewing its accounts more carefully before advising of possible water restrictions. From complaint to resolution, the issue was resolved in only 12 working days without the family suffering water restrictions.
  • Administrative error leading to loss of opportunity to name a road

    Case notes
    In mid-2016, the owners of land containing a private road became aware that Kaipara District Council (the Council) had excluded them from a consultation process that it had initiated among residents earlier that year to determine a name for the road.
  • Local Authority not unreasonable to turn off water supply at property owned by a Trust

    Case notes
    Decision by Local Authority to turn off water supply in building occupied intermittently—Ombudsman finds not unreasonable
  • Department of Corrections staff to follow legislative requirements when segregating inmate

    Case notes
    Department of Corrections held prisoner in Management Unit without following required procedure—segregation legislation and regulations are clear and prescriptive
  • Local Authority fails to include relevant information on a Land Information Memorandum

    Case notes
    Local Authority omits to identify potential slippage risk on a Land Information Memorandum (LIM) issued to the complainant—Ombudsman sustains complaint
  • Immigration New Zealand’s decision to issue Deportation Liability Notice unreasonable in circumstances

    Case notes
    Immigration 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 conditions
  • Request for breakdown of invoice

    Case notes
    Council concerned that request was part of a strategy to delay or avoid payment—no basis to believe request was made in bad faith—request not frivolous or vexatious—information should be released
  • Request for audit report of approved organisation under Animal Welfare Act

    Case notes
    Acrimonious history and prolonged legal dispute were relevant to decision whether or not request was vexatious—while future similar requests might be vexatious this one was not—the requester’s legitimate concern about effectiveness of Ministry’s oversight of approved organisations was the catalyst for the audit report, and she was initially promised a copy of it—requester was genuinely interested in and entitled to know the findings—request not frivolous or vexatious—Trust does not have a commercial position—s 9(2)(b)(ii) does not apply
  • Investigation of the Department of Corrections in relation to the complaint procedures of Corrections Inmate Employment

    Systemic investigations
    Corrections Inmate Employment (CIE) is a branch of the Department of Corrections’ (the Department) Rehabilitation and Re-integration Services group. It operates various industries at the prisons, which afford prisoners employment while they are in prison. Following the receipt of complaints from prisoners employed by CIE, concern was expressed about how CIE was handling prisoners’ complaints. I was uncertain whether this concern was justified. I decided it was appropriate on my own motion to undertake an investigation into the efficiency and effectiveness of the complaint procedures by which prisoners employed by CIE may complain to the Department about CIE and its staff.
  • Request for information refused due to offensive and repetitive nature

    Case notes
    Number of requests made to Police over several years—recent request considered frivolous and vexatious—refused under s 18(h) in light of tone of correspondence and previous similar requests—requester had genuine interest in obtaining the requested information—requester agreed to withdraw the abusive remarks and redraft his requests purged of derogatory and intemperate comment
  • Prison unnecessarily holds inmates in secure unit

    Case notes
    Placement of minimum secure inmates in maximum security conditions