A report by the Chief Ombudsman has found a "series" of workplace culture and leadership issues at the Department of Corrections which he says need to be urgently fixed.
Two years ago Chief Ombudsman Peter Boshier launched an investigation into how the Department has responded to continued calls for a better approach in the way prisoners are treated.
On Wednesday afternoon Boshier released Kai Wahitake, Making a Difference.
"Most prisoners will go back into society. It's important they are treated with dignity and respect to minimise their chances of reoffending."
Boshier said his investigation kicked off following the 2020 and 2021 Waikeria Prison riots, he said the prison is one of many he's inspected over the years, but despite "countless recommendations for change by both me and other oversight agencies, the same issues kept coming up, again and again".
He said those issues included unreasonable lockup hours, lack of privacy in toilet and shower area, and in the case of Waikeria, "decrepit conditions in its high-security areas".
"The Department accepted most of the recommendations yet the riots occurred."
He said the situation "troubled me so much that I felt a deep dive was necessary to understand why the Department hasn't been able to make meaningful and long-lasting change".
The Chief Ombudsman's investigation found a raft of systemic issues and a senior leadership team failing to address risk-averse and reactive culture.
Boshier said he was "concerned" to hear "consistently" when interviewing people, they describe a divided organisation and "a pattern of disconnection at all levels", mostly felt between frontline prison staff and head office.
"In my view, all of the issues I've outlined are shortcomings that Corrections' senior leadership could have addressed but has not."
He accepted the Department is attempting to overhaul its approach, but said progress has been "too slow and the fair treatment and rights of prisoners have, unfortunately, been the collateral damage".
He said there was little evidence that Corrections' senior leadership paid "serious attention" to feedback from their own staff surveys.
"I found that the Department's senior leaders should have known about many of the culture and leadership issues identified in this investigation."
Boshier heard of concerns about Corrections' "lack of openness and accountability" too, he said people from outside the Department often said it "operated in secret", while he didn't find those views surprising because prisons are closed institutions, he said more openness and transparency are "needed".
He was surprised to find that prisoners' rights were not at the heart of decisions made at every layer of the Department.
"The Department has legal obligations to treat prisoners fairly, safely and humanely, and to make sure their living conditions meet an acceptable standard, but the Department's approach to its governing legislation is too narrow."
Five main recommendations
- The laws are reviewed so that there is greater emphasis in the Corrections Act on the obligations under Te Tiriti, the New Zealand Bill of Rights Act, and relevant international law
- There is improved governance and accountability arrangements within the Department for the fair, safe and humane treatment of those in prison
- The Department take steps to address the other systemic issues identified in the Chief Ombudsman’s report and make sure that:
- Proper emphasis is given to Te Tiriti, the New Zealand Bill of Rights Act and relevant international human rights obligations when decisions are made about people in prison
- There are comprehensive long-term strategies to improve culture and workforce capability;
- oversight agencies’ reports and recommendations are seen as opportunities to improve the overall performance
- The Department identifies and documents how it intends to measure and report on, the effectiveness of the steps it has taken in response to the investigation
- Advice is given by the Public Service Commission to the Minister of Corrections about options for longer-term independent governance of the Department such as a Ministerial Advisory Board.
The Department of Corrections responds:
Department of Corrections chief executive Jeremy Lightfoot welcomed the Chief Ombudsman's report and accepted all of his recommendations in full.
"We value robust, independent scrutiny because it drives us to prioritise continuous improvement and helps us identify where to focus this work."
Lightfoot said the issues Boshier identified in the report are "consistent with many of the issues we have identified ourselves".
"His recommendations strongly align with the work we already have underway through Hōkai Rangi, our organisational strategy."
The Department has proposed for change to it organisational structure which Lightfoot says will "improve the safety and wellbeing of our staff, and enable them to deliver better reintegration, reduce reoffending, reduce Māori overrepresentation and improve public safety".
He said it's subject to consultation and confirmation, with the Chief Ombudsman's report being a "critical consideration as this change programme is refined and finalised".
Lightfoot said the Department has already acknowledged it did not have "mature and robust organisation-wide processes to track, monitor, assure and close recommendations" made by the Ombudsman and other agencies.
"We have made changes at all stages in the process of receiving, responding, resolving, and overseeing recommendations raised by monitoring entities."
He agreed with Boshier that treating prisoners fairly and humanely and supporting their rehabilitation is "important" to public safety in the longer-term.
"I have accepted the recommendations around placing greater emphasis on the fair, safe, and humane treatment of those detained in prison," he said
"It is important to note that immediate safety is also critical. Every day, our frontline staff manage significant immediate risks to the safety of themselves, people we manage, and the public."
He added the work Corrections do is "immensely challenging, and any failures can be life-threatening"
"This is why immediate safety needs to be such a key focus within our organisation. As we move forward with implementing the recommendations made by the Chief Ombudsman, we will centre our work around all forms of safety and well-being – of our staff, prisoners and the public."
Read the Chief Ombudsman's full report here.
