The 2022/23 annual report by the National Preventive Mechanism on the Optional Protocol to the United Nation’s Convention Against Torture (OPCAT) has been tabled in Parliament (Friday, 3pm)

The report highlights ongoing non-compliance with minimum standards of conditions and treatment for people in detention, and over-reliance on restrictive practices. It also underscores the alarming rates of people in detention experiencing mental distress and deficiencies in the provision of support.

Monitoring agencies, including the Chief Ombudsman, Independent Police Conduct Authority, Mana Mokopuna Children and Young People’s Commission, and the Inspector of Service Penal Establishments, did 134 announced and unannounced visits to places of detention in the year covered by the report.

Te Kāhui Tika Tangata Human Rights Commission has published the report as the central coordinating agency.

Experiences of mokopuna in detention

The Mana Mokopuna Children and Young People’s Commission section of the report highlights the harm mokopuna are experiencing in the youth justice system, the need to address over-representation of Māori across all detention settings, and the need to improve the accessibility and independence of complaint processes for young people in detention.

Ten youth justice facilities were visited, with evidence of regular assaults and instances where staff had not proactively intervened, the report stated.

It noted that the mixing of different age groups meant younger mokopuna were adopting anti-social behaviour to fit in with older peers and were reluctant to complain in case they were labelled ‘snitches’.

The situation was compounded by low staffing levels which led to a punitive approach, little understanding of cultural needs, and a lack of meaningful activity for mokopuna.

“If we have a fight in here or the staff hurt us, it is what it is. We cannot do nothing about it, no one’s listening to us anyway,” one resident said.

On the positive side, mokopuna were given regular opportunities to connect with whānau – and facilities with a higher proportion of kaimahi Māori saw positive effects particularly when they were supported to help mokopuna learn about te ao Māori.

Community-based remand homes for mokopuna

In contrast, the three community-based remand homes visited had cultivated an environment where mokopuna were treated like whānau and supported to thrive.

“It’s choice here. We’re all Māori here, that’s how it should be. Māori looking after Māori, they get us, and it should be our people looking after us,” one resident said.

While there were areas for improvement, the community-based residences were warm and homely with a variety of entertainment options both inside and out, which helped mokopuna to self-regulate. Restrictive practices such as seclusion and use of force to restrain were not needed.

“Community remand homes consistently demonstrate positive findings. They provide good evidence that community models work and should be expanded,” the report said.

Health and disability facilities, prisons

Chief Ombudsman Peter Boshier made 101 visits and inspections to places of detention. Sixteen of these were health and disability facilities, including acute mental health inpatient, forensic mental health inpatient, forensic intellectual disability, and older persons’ mental health units.

Several issues identified were ongoing, including inequities experienced by Māori and Pacific people, a lack of intellectual disability-specific training for staff, and a lack of safeguards to ensure that voluntary service users are not arbitrarily detained in health and disability places of detention.

“The report also highlights long-standing concerns I have had about the Department of Corrections including acute staffing shortages which have had a significant effect on the rights, safety, and wellbeing of people in custody,” Mr Boshier says

“Workforce issues are leading to the infringement of prisoners’ human rights, often for prolonged periods and in ways that are not consistent with international human rights standards.”

OPCAT mechanism helps to improve people’s rights in places of detention

The 2022/23 report covers the reporting period 1 July 2022 to 30 June 2023.

National Preventive Mechanism (NPM) agencies monitor places of detention including prisons, police cells, court cells, care and protection facilities, youth justice facilities, intellectual disability secure and supported accommodation services, inpatient acute mental health units, aged care facilities, immigration detention facilities and defence force penal establishments.

A key focus for the NPM thisyear was reporting to the United Nation’s Committee against torture for the 7th periodic review of New Zealand’s compliance with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

New Zealand ratified OPCAT in 2007.

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