Bootcamps: Youth advocates hope Christopher Luxon delivers Christmas gift of stopping legislation

A group of youth advocates has written to the Prime Minister calling for him to abandon the Government’s plan to make the bootcamp regime permanent.

The open letter, seen by the Herald, is supported by more than 20 youth, support, and legal groups, including the Billy Graham Youth Foundation, Kick Back, VOYCE, Youth Law, Ara Taiohi, and the Mental Health Foundation,

It asks the Prime Minister to “kill the bill” that would allow the Youth Court to send serious young offenders aged between 15 and 17 to a military-style academy (MSA). The offenders would stay in a youth justice facility for up to a year, followed by a period under supervision in the community. The legislation passed its first reading in Parliament late last month.

The letter says Christopher Luxon should stop it ahead of Christmas.

“As we approach Christmas, we are sure that you, like many other Kiwis around Aotearoa, are thinking about your kids, your hopes and dreams for them, what joy and love you can share with them on Christmas Day. As many of us enjoy time with our families, there will be children in prison on Christmas Day across New Zealand.

“The gift we ask for this Christmas is that you kill the bill – engage with the community, with hapū, with iwi, to seek further advice and expertise from the sector and wider community so that together we can tackle both the real causes and consequences of child offending.”

The Prime Minister, however, has strongly defended the MSA plan. A version of it was a key plank of National’s election campaign to crack down on youth offenders.

Last week, Luxon said those participating in the bootcamp pilot, who he has met, came from “very complex and very challenged backgrounds”.

He believed this was an appropriate intervention to help them as it included having the offenders interact with social services. Otherwise, he said the community “is not safe” and “you’re not doing the right thing by the young person”.

“We know the trajectory of where their lives go and it is just into more violent, more serious crime, more impact, more hurt, and sub-optimal outcomes for them and their family. In the spirit of social investment, as hard as it is, and I fully admit it is hard, why wouldn’t we try? Why wouldn’t we try do something different?”

Prime Minister Christopher Luxon has defended the academies. Photo / Mark Mitchell

The advocates say in their letter that they “reject the characterisation of the children who will be affected” being referred to as Young Serious Offenders (YSOs) in the legislation.

“These are children who have suffered extreme trauma and yet continue to survive despite the significant neglect, abuse, and violence they have endured,” the letter says.

To be eligible for a YSO declaration, a young person must have committed two or more separate offences punishable by at least 10 years in prison. The Youth Court must also be satisfied they are likely to reoffend.

The bootcamp programme isn’t built on any evidence, the letter says. Instead, focus should the children having “safe and loving communities, positive role models and connection, and when necessary, trauma informed therapeutic support, in order to thrive”.

Criticism is also levelled at the legislation being introduced before the pilot has finished and fully evaluated.

The participants left the youth justice residence element of the pilot in October, entering back into the community, where they have access to a mentor. That component lasts until mid-2025.

However, since the 10 participants left the residence, three have allegedly reoffended.

While that’s led to questions about whether the programme is working, ministers have said they never expected perfection, and the scheme shouldn’t be shut down because a handful don’t choose to take advantage of the opportunities before given to them.

“We are going to do everything we can to make as much as powerful intervention as we can in those young people’s lives, to show them a different way, and to give them a better choice,” Luxon said.

Oranga Tamariki has also noted that one participant is in fulltime employment, another is in work experience, and others are doing educational courses.

Oranga Tamariki deputy chief executive Tusha Penny (right) speaks to a Parliament select committee about the bootcamp pilot. Photo / Adam Pearse

The youth advocates say the legislation allows for the children to be “imprisoned for an extended period of time, increasing the risk of institutionalisation and negatively impacting on the [their] psychological development”.

The Herald previously revealed Children’s Minister Karen Chhour admitting in a leaked Cabinet committee document that providing more use-of-force powers to bootcamp staff may be seen as “increasing the potential risk of abuse in custody”.

She defended the provision of those powers, saying they would be used to ensure the safety of both the children and staff and could only be used in very limited circumstances.

Chhour said she wouldn’t take personal responsibility if there are inappropriate actions in her MSAs, saying she can’t control other’s behaviour. The Prime Minister, however, has said he would shut them down if any children were harmed.

Jamie Ensor is a political reporter in the NZ Herald Press Gallery team based at Parliament. He was previously a TV reporter and digital producer in the Newshub Press Gallery office.