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18 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.Request for statistics on allegations of assault by Corrections staff
Case notesRequirements of Operations Manual meant source information to answer request should be held—manual compilation is not creation—s 18(g) does not apply—unreasonable to rely on s 18(f) when the fundamental difficulty in providing the information was down to the Department’s own administrative lapsesDepartment 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 2002Department of Corrections required to state reasons for security classification
Case notesPrison inmate complained that his security classification had been unreasonably assessed and Ombudsman concluded the Department failed to provide ‘strong reasons’ (which must be stated)—Ombudsman found the Prison officers had based their classification on uncorroborated, unrecorded, verbal statement made by another inmate—Ombudsman upheld complaint based on inequitable situation that would result if prison relied solely on this information, however, the inmate released before any recommendation could be madeDepartment of Corrections revises guidelines on implications for visitors possessing drugs
Case notesPrison banned inmate’s family members from visiting for 12-months after small amount of cannabis found in their possession—the inmate complained that the duration of ban was unreasonable but the Department of Corrections noted it had zero tolerance policy for drugs with an automatic 12-month prohibition order to be placed on anyone found with them on prison property—Ombudsman concluded blanket ban unreasonable and the Department agreed each case to be considered on merits and prepared guidelines for prisons—Ombudsman advised inmate to apply for a review of prohibition order under the new guidelinesRequest for papers provided to the treasurer during a 12 month period
Case notesRequest for papers provided to the Treasurer during 12 month period—substantial volume of information to be researched and collatedDepartment of Corrections reasonably held inmate in segregation
Case notesUnreasonable placement of inmate on precautionary segregation—written material found in his cell which reflected on the safety of prison staff—placement not deemed unreasonableDepartment of Corrections should explain reasons for declining application to be excused from PD reporting
Case notesRefusal of application to be excused from reporting for periodic detention—incomplete explanation given at the time—reasons and apology provided—Criminal Justice Act 1985, s 41(3)Immigration Service not required to consult original employer of overseas employee about new job
Case notesEmployee resigned from business which had recruited him from overseas—business knew employee was working for another company but was concerned that it had not been advised of this situation, given the original employee’s obligations for maintenance of person while in NZ—Ombudsman found Immigration Service not obliged to consult with original employee in this situation and the person was in NZ lawfully—Immigration noted original business’s concerns and agreed with the Ombudsman that it would, as a matter of fairness, advise the original business that it was no longer required to be responsible for either the maintenance of the employee or his repatriation, should that prove necessaryImmigration Service agrees to make applicants aware of need to renew permits in good time
Case notesDelay in making decisions on applications for further temporary permits—effect of delay on applicant—no unreasonable delay by NZIS—applicants to be informed of need to apply for further permits in good timeDepartment of Corrections required to advise decision on day parole application
Case notesFailure to advise inmate of decision on application for day parole—prison administration expected inmate to ask Case officer for outcome—responsibility for advising the outcome of a request/application normally rests with decision-maker—internal procedures changed to reflect normal practice