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34 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 conditionsReport on an unannounced follow-up inspection of Arohata Prison
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 follow-up inspection of Manawatu Prison
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 follow-up inspection of Rolleston Prison
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 Christchurch Men's Prison
OPCAT reportsChristchurch Prison is one of New Zealand’s larger prisons, and the largest in the South Island.Requests for firearms statistics
Case notesRefusal under section 18(g) not justified—information held—Police could manually extract and compile statistics—where compilation involves substantial collation or research s 18(f) appliesImmigration New Zealand’s consideration of a section 61 visa request regarding complainant's family role, reasonably considered
Case notesWhether the approach taken by Immigration New Zealand (INZ) about the exercise of absolute discretion when determining requests for a visa under section 61 of the Immigration Act 2009 was reasonable—in this case whether INZ considered relevant considerations including whether it had considered the complainant’s submissions about the active role he had in raising his New Zealand citizen partner’s daughter—Chief Ombudsman concludes INZ’s consideration of the request was reasonableImmigration New Zealand’s consideration of a section 61 visa request deficient
Case notesWhether the approach taken by Immigration New Zealand (‘INZ’) about the exercise of absolute discretion when determining requests for a visa under section 61 of the Immigration Act 2009 was reasonable—in this case whether INZ considered relevant considerations including whether it had considered the complainant’s submissions about the health of his New Zealand citizen child—Chief Ombudsman concludes aspects of INZ’s decision-making processes were deficientImmigration New Zealand’s decision on section 61 visa request regarding complainant's safety, reasonably considered
Case notesWhether the approach taken by Immigration New Zealand (‘INZ’) about the exercise of absolute discretion when determining requests for a visa under section 61 of the Immigration Act 2009 was reasonable—in this case whether INZ considered relevant considerations including whether the complainant had legitimate concerns about his alleged safety if he was to return to his home country—Ombudsman concludes INZ’s decision making was reasonableImmigration New Zealand’s decision on section 61 visa request reasonably considered
Case notesWhether the approach taken by Immigration New Zealand (INZ) about the exercise of absolute discretion when determining requests for a visa under section 61 of the Immigration Act 2009 was reasonable—in this case whether INZ considered relevant considerations regarding international conventions that protect the rights of a child—Ombudsman concluded INZ’s decision-making process was reasonableReport on an unannounced inspection of Spring Hill Corrections Facility
OPCAT reportsSpring Hill Corrections Facility (the Prison) opened in 2007. The Prison accommodates male prisoners with security classifications ranging from minimum to high, as well as a growing remand population. Currently, it has an operating capacity of 1038.Report on an unannounced inspection of Hawke's Bay Regional Prison
OPCAT reportsHawke’s Bay Regional Prison was opened in 1989. The Prison accommodates male prisoners with security classifications ranging from minimum to high, as well as a growing remand population.Department of Corrections unreasonably declines computer access to inmate
Case notesAccess to computer suite in prison denied—Ombudsman found this unreasonable—Corrections agreed to reconsider the inmate’s request and to review criteria for use—also that computer facilities at prison be reviewed to ensure availability to prisoners who meet criteria for assistance with litigationDepartment of Corrections not unreasonable to decline face to face interview between prisoner and journalist in particular case
Case notesPrisoner requested face to face interview with journalist—request declined—Ombudsman noted journalist had offered to conduct interview by AVL, notwithstanding preference for face to face—Ombudsman concluded that on this basis Department had not acted unreasonably in this instanceImmigration New Zealand reasonable to conclude permit-holder working outside visa conditions and to issue Deportation Liability Notice
Case notesImmigration New Zealand (INZ) issued a Deportation Liability Notice (DLN) when complainant was observed working at a restaurant and outside conditions of work visa—Ombudsman found INZ’s decision reasonable in the circumstancesAssociate Minister of Immigration’s private secretary reasonably triages AMOI intervention requests
Case notesWhether Private Secretary for Associate Minister of Immigration (AMOI) acted unreasonably by not referring the complainant’s request for intervention to the AMOI—Ombudsman concludes AMOI practice for Private Secretary to triage, reasonableImmigration New Zealand reasonable to decline section 61 Visa request
Case notesImmigration New Zealand (INZ’s) decision to refuse complainant’s request for a visa under section 61 of the Immigration Act 2009, reasonable in the circumstances—issue concerned ‘shared care’ arrangement and whether INZ took this into account—complaint not upheldRequest for recruitment consultant expenditure
Case notesNo cost code specifically and solely for recruitment fees—information could not be made available without ‘substantial collation or research’—release of other information resolved the complaintImmigration New Zealand's error in granting permit in one case raises no legitimate expectation for another applicant in same situation
Case notesImmigration New Zealand (INZ) declined application for a graduate work permit because applicant did not meet the criteria applicable at the time—complainant claimed decision unreasonable because other applicants in his situation were granted permits—Ombudsman found no evidence that INZ made a practice of granting graduate work permits outside the terms of the policy as a matter of course and failure (to correctly apply policy) in one case should not raise legitimate expectations for other applicantsReport on issues involving the criminal justice sector
Systemic investigationsThe following is my report consequent on a reference directed to me by the Prime Minister to investigate the administration of the criminal justice system. The Terms of Reference directed to me are attached as Appendix A. By agreement the reporting date was extended to 1 December 2007. I note that my report is to be tabled in Parliament. My investigation has been conducted in accordance with the provisions in the Ombudsmen Act 1975.Request for details of 404 land covenants
Case notesComplaint about s 18(f) refusal resolved by release of other informationCharge for supply of information about Maori interests in the management of petroleum
Case notesCharge avoided by allowing inspection subject to conditionsImmigration New Zealand unreasonable to rely on inaccurate and prejudicial health information when declining permit
Case notesWhether Immigration New Zealand was reasonable to decline to grant a work permit on health grounds because the applicant had active multidrug-resistant tuberculosis—Ombudsman concluded INZ policy and case law requires an applicant to be given a reasonable opportunity to comment on information which is potentially prejudicial to an application before a decision is madeRequest for list of reports received by Minister
Case notesRequest for four months worth of dates, titles and reference numbers of reports—decision making and quality assurance did not constitute ‘collation’ or ‘research’—release with caveat would address issues around reliability of data—s 18(f) did not apply, particularly in light of ability to extend time to respondRequest for medical waiver statistics
Case notesTask involved in manually reviewing tens of thousands of applications was ‘substantial’Request for numbers of staff with criminal convictions
Case notesRequest involved manual search of over 4,500 files and 2000 hours—refusal under s 18(f) justifiedImmigration New Zealand conducts unreasonable interview for residence applicant
Case notesImmigration New Zealand (INZ) accepts its interview of residence applicant had been unreasonable and offered fresh assessment following Ombudsman’s investigation