‘Disconnection at all levels’: Ombudsman’s scathing review of Corrections

Chief Ombudsman Peter Boshier​ has issued a blistering critique of the Department of Corrections’ top brass, who he says are failing to drive meaningful progress.

Boshier started an investigation into management at Corrections, after the 2020 Waikeria Prison riot. He said it became clear that previous recommendations for change at Corrections had not been actioned, and so investigated management and culture within the department.

“Waikeria was one of many prisons I had inspected over a number of years where despite countless recommendations for change by both me and other oversight agencies, the same issues kept coming up, again and again,” he said.

He said Corrections’ senior leaders knew what needed to be done, but had not ensured any improvements were made to the conditions of prisons.

“Progress has been too slow,” Boshier said, adding that the human rights of prisoners were being degraded as “collateral damage” in a department which had become averse to change.

Corrections chief executive Jeremy Lightfoot​ said he accepted all the Ombudsman’s recommendations.

He said Corrections was undertaking an organisation-wide restructure, which he expected would improve safety, outcomes, and communication across the department. There was also a new system to keep track of progress made to achieve Ombudsman recommendations, he said.

“While subject to consultation and confirmation, the central objectives of this proposed change programme are highly consistent with the direction of change recommended by the Chief Ombudsman,” he said.

Boshier’s latest review, titled “Kia Whaitake | Making a Difference”, made five specific recommendations for Corrections.

He said there needed to be a greater focus on ensuring basic human rights for prisoners, with poor conditions in the prisons making it more dangerous for staff and prisoners as tensions rose.

To achieve this, he called for a greater focus on Te Tiriti in the Corrections Act, better accountability measures within Corrections, and better processes to monitor human rights and implement oversight bodies’ recommendations.

He also suggested that Corrections Minister Kelvin Davis establish a ministerial advisory board to oversee Corrections.

He said the riot at Waikeria prison was fuelled, in part, due to the poor living conditions and human rights abuses at prison.

“Those issues included unreasonable lock up hours, a lack of privacy in toilet and shower areas, and, in the case of Waikeria, decrepit conditions in its high security areas,” he said.

In previous reports about Waikeria, Boshier said he had highlighted those concerns and they had been accepted by Corrections. Yet he said there hadn’t been much, if any, progress to addressing these issues.

“This troubled me so much that I felt a deep dive was necessary to understand why the department hasn’t been able to make meaningful and long-lasting change,” he said.

“My investigation identified a range of systemic issues and a senior leadership team that was failing to address a risk-averse and reactive culture.

“I was concerned to find that people I interviewed during the course of my investigation consistently described a divided organisation and a pattern of disconnection at all levels, mainly between frontline prison staff and head office.”

Boshier included specific criticism of senior leadership at Corrections.

“All of the issues I’ve outlined are shortcomings that Corrections’ senior leadership could have addressed but has not. I accept that the department is attempting to overhaul its approach, but progress has been too slow and the fair treatment and rights of prisoners have, unfortunately, been the collateral damage.”

Lightfoot said a new executive level board was responsibile for ensuring recommendations from organisations such as the Ombudsman were adhered to.

He said the job of Corrections was difficult, which had delayed “transformational change” in prisons. On criticism about Corrections being too risk averse, Lightfoot said it was a necessity of the job.

“Our frontline staff are highly dedicated and skilled in helping people to make positive change, but transformative change is not immediate. The reality is, despite our best efforts, some people in prison go to extreme lengths to harm others, and safely managing this risk must be an absolute priority for us,” he said.

The 2020 Waikeria riot saw 17 prisoners break onto the roof and set fire to part of the prison.

Corrections’ annual report showed the cost of the six-day riot was $46 million. Prisoners involved are due to face trial in 2023.