Oranga Tamariki wants to re-purpose an existing care and protection facility in Weymouth into a youth justice residence. Photo / File
Oranga Tamariki wants to re-purpose an existing care and protection facility in Weymouth into a youth justice residence. Photo / File
South Auckland residents are celebrating a win after the Environment Court delayed its decision on a new youth justice facility in Weymouth.
In February the Minister for Children applied to the Auckland Council for a Notice of Requirement (NOR) to repurpose an existing Oranga Tamariki care and protection facility into a youth justice residence.
The site is currently named Whakatakapokai and provides for the placement of no more than 20 residents, under 17 years old, for care and protection.
The ministry sought to increase the number of youth from 20 to 30, to include 17-year-olds, and provide the additional youth justice services.
The changes come as the youth justice age has been raised, ensuring offenders aged 17 and under will be dealt with in the youth court.
But the surrounding community and its local politicians weren't happy with the plan, and subsequently made 107 submissions in opposition.
After a court appearance in May, a decision released last week by Judge Brian Dwyer ruled the Court was "unwilling to make a final determination on the NOR" due to an "unsatisfactory" Social Impact Assessment (SIA).
An SIA is a methodology to review the social effects of infrastructure projects and other development interventions.
Dwyer said the current assessment was "subject to a time limited desk top appraisal" and therefore "the Court cannot be confident that all potentially adverse social effects of the proposal have been identified and their significance adequately assessed".
Manurewa-Papakura Ward Councillor Daniel Newman said the Court's decision was 'round one to the residents of Weymouth'. Photo / File
Manurewa-Papakura Ward Councillor Daniel Newman said the Court's decision was "round one to the residents of Weymouth".
"And a big kick in the pants for Oranga Tamariki," he said.
Conditions on the new SIA state it must take into account effects relating to "health and wellbeing, sense of place and community aspirations, fear, quality/way of life, and any effects associated with release of those placed at the residence for youth justice reasons".
Newman believed these conditions would be difficult for Oranga Tamariki to credibly meet.
"Any social impact assessment worth its salt, which is based on the condition set down by the Court will never credibly support repurposing Whakatakapokai as a youth prison in Weymouth," he said.
"The establishment of a youth prison in Weymouth would have an overwhelmingly negative effect on the health and wellbeing of Weymouth, a negative effect on residents' sense of place, and does not reflect the aspirations of 99 per cent of the neighbours who have built their homes around the Whakatakapokai facility."
Angela Dalton, chairperson of Manurewa Local Board, said it was "absolutely necessary" to have community input.
"It should have been done in the first place. They didn't speak to anyone in the community."
Angela Dalton, chairperson of Manurewa Local Board, said it was 'absolutely necessary' to have community input. Photo / Dean Purcell
She said the court decision was a win for the community because it provides them a chance to have their voices heard.
The main concerns from the community were security, safety and property values, she said.
"A whole lot of families have bought into a housing development area in Waimahia Inlet with no knowledge that there would be a youth justice facility there.
"These families are working hard to get into their first home, they have children, and want to bring their children up in an environment that is safe," she said.
There is also already three prisons in the area; Auckland Region Women's Corrections Facility, youth justice facility Korowai Manaaki and Auckland South Corrections Facility.
"From a political perspective - why the hell should we have another youth justice facility when we have just really come to terms with the Wiri Prison?" Dalton said.
She said the current facilities at Whakatakapokai had a bad reputation for not being secure.
"So specifically the residents that are backing onto it are worried about security, fencing and noise," she said.
The site is currently named Whakatakapokai and provides for the placement of no more than 20 residents, under 17 years old, for care and protection. Photo / Glenn Jeffrey
Expert evidence in the court report found the most serious risk from the new facility would be from absconders.
It said all reasonable steps would need to be taken to reduce this risk factor, including; limiting the number of residents to 20, and having a comprehensive screening process to determine suitability of placement at the facility.
Beyond these limits, Judge Dwyer also ruled that an on-site Wharenui could not be used for care and protection assessments.
He said there was "a significant gap in the evidence from the minister about the security of the Wharenui".
Dalton believed the SIA required from Oranga Tamariki would take a long time to complete and "might not be worth their effort".
"We have Korowai Manaaki up the road they can use, or there are other places around the country that they could be looking at that don't have intensified populations," she said.
The Ministry sought to increase the number of youth from 20 to 30, to include 17-year-olds, and provide the additional youth justice services. Photo / Glenn Jeffrey
In the court decision, Judge Dwyer also pointed out that he had been told "there is no other such facility situated in this close residential situation in New Zealand."
Dalton said the fundamentals of why youth offend needed to be addressed, rather than adding another prison.
"The end result of another prison obviously isn't a long term answer.
"This is the thin end of the wedge and once they get approval to do something like this the numbers will slowly climb."
Oranga Tamariki now has until November 29, 2019, to complete a new SIA. It will then be required to a Social Impact Monitoring Plan (SIMP).
In the meantime, under the existing designation, it may continue to use Whakatakapokai for care and protection purposes.
Oranga Tamariki director of youth justice transformation, Alan Geraghty, said it had received the interim decision from the court and is taking time to consider the decision and any appropriate next steps.
"The purpose of progressing this designation change is to allow us to be able to accommodate tamariki and rangatahi who are placed with us by the courts.
"As the court has not yet reached a final decision we are unable to comment further on matters which are currently before the court," he said.
