The then chief ombudsman Judge Peter Boshier was again expressing his frustration about Corrections’ reluctance to change.
At that time his exasperation involved the treatment of inmates in an Auckland Prison unit for extreme risk criminals, including the mosques’ terrorist, which he found was cruel, inhuman and breached the United Nations Convention against Torture.
It was one of several times during his time in office Judge Boshier drew attention to the fact recommendations he had made for improvements for treatment of prisoners were ignored.
But following a High Court ruling last week, in one area at least, the minimum exercise entitlement, the procrastination and excuses for not doing what is required may have to end.
The High Court has taken the unusual step of issuing a mandamus order against the chief executive of Corrections to comply with the law in units 12 and 13 at Auckland Prison.
Not to do so would mean the chief executive, currently Jeremy Lightfoot, could face contempt of court charges, punishable by fine or imprisonment.
The ruling by Justice Jason McHerron relates to a case brought by 69 prisoners at two units within Auckland maximum security prison in 2023, where they said their minimum daily entitlement for one hour of exercise in the open air, where weather permits, was regularly denied.
There are limited circumstances where the right to exercise can be denied — if there is an emergency or if the health and safety of anyone is threatened..
The substantive case on these breaches was not expected to be heard until 2027. However, following further alleged breaches between August and December this year, the prisoners, in a bid to stop the breaches continuing, sought a judicial review and asked the court to declare Corrections’ behaviour inconsistent with the Bill of Rights Act.
Justice McHerron did not accept the exercise requirements could be denied due to inadequate facilities or staff shortages.
He pointed out Corrections had been on notice for some time its denial of the minimum entitlement to exercise was unlawful. Promises had been made about compliance, but significant non-compliance, at least in the two units at the centre of the case, continued.
He was persuaded there needed to be a way of holding the chief executive accountable which did not take several years and a lengthy trial to enforce.
It has concerned us for some years that government politicians on both sides of the aisle have ignored repeated concerns about prisoners denied basic rights.
They should be embarrassed at the situation which requires court action to enforce compliance.
It has been all too convenient for them to look the other way on these issues in favour of the populist and hyperbolic rhetoric about who can be toughest on crime.
Like Corrections, they need to lift their game.
Gloriavale school closure
It should have happened sooner, but at last the private school registration of Gloriavale Christian School has been cancelled.
This follows years of concerns from the Education Review Office about the school’s inability to provide a physically and emotionally safe space for pupils.
The change will need careful management, with the needs of the children prioritised, when the cancellation takes effect in January.
If home schooling or establishing some sort of a hub from Te Kura, the correspondence school, are options, they would have to be carefully monitored.
Taking pupils out of the community to attend state schools seems unlikely to find favour with Gloriavale, known for its reluctance to expose members to interactions in the outside world.
The community has missed the opportunity to set up a charter school in time for next year because the date for sponsors to apply for that has passed.
Whatever happens next must be subject to ongoing rigorous scrutiny.
Poor conditions for children at the community have been tolerated for too long.
