Peter Boshier said he is most concerned by the prison's practice of locking prisoners in their cells for extended amounts of time. Photo / Dean Purcell
A new report into the Kohuora men's prison in Auckland has found inmates are spending extended periods of time locked in their cells and their rehabilitation needs are not being met.
The Chief Ombudsman, Peter Boshier, today released a report into the treatment and conditions of prisoners at Auckland South Corrections Facility - also known as Kohuora.
This was Boshier's first inspection of the Serco-run prison. The inspection took place over nine days in August 2018.
Minister of Corrections Kelvin Davis said overall this is not a good report.
"It highlights many of the issues I had with private prisons when I was in Opposition," he said.
Boshier said he was "most concerned by the prison's practice of locking prisoners in their cells for extended amounts of time - across all parts of the prison - as a way of managing staff shortages or rostering issues".
"My concern is that prisoners do not have sufficient time out of their cells to promote mental wellbeing," he said.
While Boshier found that the facility was well designed and maintained, operating on a Responsible Prisoner Model - he said it had been "undermined by the prison's staffing situation".
In the 12 months before the inspection, staff turnover was at 21 per cent.
He said staff shortages also negatively impacted on the quality of the case management prisoners experienced, the professional relationships between prisoners and staff, and contributed to problems with the prison's complaints process and misconduct system.
"I appreciate that increased prisoner numbers, coupled with fluctuating staffing levels, creates tensions. I acknowledge that the prison is actively working at recruiting and retaining staff.
"I am, however, disappointed to find that, occasionally, staff used non-approved techniques to control prisoners and on some other occasions, force had been used to control and restrain prisoners who were not at that time presenting a threat," he said.
Boshier said the prison's record keeping and paperwork relating to the use of force incidents was not satisfactory.
"I do acknowledge the good practices in place at the prison - the employment and horticulture workshops are impressive, the good quality food, and healthcare services that are provided," he said.
"Overall, the prison appeared to be genuinely intent on being culturally responsive to its high numbers of Māori and Pasifika inmates.
"However, the prison's potential has yet to be fully realised due to a number of operational issues, which negatively influenced prisoners' day-to-day routines and sentence progression."
Boshier made 36 recommendations for improvement at the prison.
These included; the prison director ensures robust systems are in place to record, review, and monitor all use of force and directed segregation paperwork; the prisoner complaints system is fixed as a matter of urgency; prisoner in-cell user interfaces, such as in-cell telephones and the kiosk, are serviced and repaired in a timely manner; and governance arrangements for managing misconducts is improved.
Other recommendations were: there be greater opportunities for constructive activities for voluntary segregated prisoners; there be greater transparency and consistency around the management of prisoners subject to restricted regimes; and the reasons for restricted regimes is actively addressed.
Boshier also said all prisoners should be able to access, in a timely manner, the range of educational activities available in the prison; and the frequency of programmes is increased to address the number of prisoners waiting on programmes.
Boshier said the prison "accepted, or partially accepted, all but one of my recommendations".
"I believe this reflects our mutual desire to strengthen protections against ill treatment and improve conditions of detention," he said.
Davis said he will "never personally be comfortable with private-run prisons in New Zealand".
"But this is a situation we inherited from the previous Government.
"While the Ombudsman praised some aspects of the prison - including the range of hospitality and catering sector training - overall this is not a good report...," he said.
"It's a good thing that the Chief Ombudsman has identified these issues, so Serco can be held to account for them and have an opportunity to remedy them.
"As the Chief Ombudsman says, it's encouraging that ASCF have accepted, or partially accepted, 35 of the 36 recommendations made in the report. I understand Corrections has been advised that work has been completed or has commenced in relation to all of the accepted recommendations.
"Hopefully this reflects a desire from Serco to make improvements."
A Serco spokesperson said it welcomed the report by the Ombudsman.
"This report contributes to our overall programme of management, review and continuous improvement," the spokesperson said.
'We have accepted 35 of the 36 recommendations made by the Ombudsman and have made considerable progress implementing these.
"It is pleasing the report noted a number of positive practices at Kohuora which continue. These included the introduction of telephones in cells, a first for New Zealand prisons; privacy screening to maintain the dignity of double-bunked prisoners; and employment and independent living initiatives for prisoners with disabilities."
Beginning last year, the spokesperson said Serco initiated a working group of senior management and experienced custodial staff to review all aspects of the prisoner accommodation process.
"Accommodation configurations and regimes have been carefully considered against safety and security to ensure prisoners are placed in the accommodation option that best suits their individual rehabilitation and reintegration needs and addresses the prevalence and influence of gangs across the site.
"Kohuora's open campus prison presents challenges in providing an appropriate level of purposeful activities for voluntary segregation prisoners.
"We recognise the importance of developing employment and recreational opportunities for all prisoners, although these must not adversely impact the safety of the site. We have expanded the employment opportunities for voluntary segregation prisoners to include recycling, the canteen store and the kitchen."
The spokesperson said Serco is committed to managing Kohuora successfully, "by ensuring that our people are well-trained and effective, they understand our processes and follow safe practice".
"Custodial staff do a good job in often difficult circumstances and we thank our staff and unions for their support in keeping everyone safe."
More about the facility:
Auckland South Corrections Facility (also known as Kohuora) is located on Kiwi Tamaki Rd, Wiri, and opened in 2015.
The prison is operated by Serco New Zealand under a Public Private Partnership between the prison's consortium SecureFuture and the Department of Corrections.
It accommodates up to 960 sentenced male prisoners, with security classifications ranging from minimum to high.