Three men escaped from the Manukau District Court after being taken there to sleep overnight because of prison overcrowding.
Robbie James Allen, 33, Adrian Tepania, 23, and Tangata Ponini, 35, were among 12 prisoners taken from Mt Eden Prison to the court cells on Thursday night, said police.
One of the men allegedly stole a key as the 12 prisoners were being taken to their cells at 6pm.
They were being guarded by four Department of Corrections officers.
The key was inside a glass-panelled office, where guards work and observe the prisoners. But the inmates can also watch their guards and security procedures.
About two hours later, the trio slipped out of the cells, went upstairs to the main court area and escaped by breaking a window.
Detective Senior Sergeant Gary Lendrum said Allen had been convicted of burglary and Ponini was in prison for a domestic assault and for breaking a protection order. His female victim had been told of the escape.
Tepania was in prison for property crimes.
"They're all sentenced prisoners," said Mr Lendrum. "Because of the overcrowding in Mt Eden they are brought out to the courthouse at night to sleep in the prison cells and then taken back to Mt Eden during the day."
Paul Monk, acting northern regional manager for Corrections, said the department had been using court cells to house prisoners in Auckland since mid-March.
Inmates generally spent no more than three days in court cells before being returned to prison.
He was concerned at the escape and the department had strengthened security procedures at the court.
He said he could not comment on how the men escaped because it was subject to an internal investigation.
The men, originally from the Pt England and Glen Innes areas, are not considered dangerous. They were wearing blue, prison-issue tracksuits.
Trio on the run after breakout from court cells
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