Corrections Minister Damien O'Connor has ducked questions over who made the decision to transport teenager Liam Ashley to jail alongside the man who allegedly killed him.
Yesterday Mr O'Connor confirmed the Department of Corrections prisoner transport contract with Chubb specified extra levels of security to ensure teenagers were kept apart
from adult prisoners.
Last Thursday, in a Chubb van en route from the North Shore court to the Auckland Central Remand Prison, 17-year-old Liam suffered injuries from which he later died. A 25-year-old man has been charged with his murder.
The law specifies that "where practicable" prisoners aged 18 or under should be kept separate from adult inmates. Yesterday Mr O'Connor confirmed Chubb was required to keep prisoners aged 20 or under apart from adult offenders.
"The agreement with Chubb specifies a higher level of protection for youth," Mr O'Connor told Parliament yesterday.
"The contract does not include the words 'where practicable'. This separation of youths from adult prisoners should occur in all instances except where the Department of Corrections and Chubb agree otherwise."
Mr O'Connor would not say who had made the decision to transport Liam with adult prisoners.
"I'm not prepared to speculate on what might have occurred on that tragic day. That is what the inquiries and investigations will uncover ... I am not prepared to jeopardise or undermine or pre-judge the five inquiries that are taking place into this horrific tragedy."
The inquiries into Liam's death include an Ombudsman's investigation into prisoner transport.
National law and order spokesman Simon Power said Mr O'Connor should offer to resign now rather than wait for the outcome of the inquiries.
"The reality is that there has to be some political responsibility for what occurred and just batting off this serious incident by saying we will wait until we get a report isn't good enough. He must know by now who made the decision to put Mr Ashley in that van," Mr Power said.
The only way Liam could have been inside the vehicle in which he died was if Corrections agreed for him to be there, or if Chubb was in breach of its contract, Mr Power said.
"Under the doctrine of individual ministerial responsibility ... Mr O'Connor should have offered his resignation."
