The matter was heard this morning at the Auckland High Court before Justice Geoffrey Venning, where the mass murderer killed 51 people at two mosques in Christchurch in 2019, was set to challenge his designation as an at-risk prisoner.
His lawyer Todd Simmonds started the hearing by seeking an order barring media and the public from being present in court.
Simmonds said his client was concerned that any publicity of the application could affect his treatment at Auckland Prison, where he is held in the prisoners of extreme risk unit.
He was also concerned about the public airing of the personal subject matter of the application, which would cause intense embarrassment or distress, Simmonds said.
The application for a closed hearing was opposed by Austin Powell, representing the Department of Corrections and the Attorney-General.
Powell said publicity would not affect the gunman's treatment in prison, where his status as an at-risk prisoner means he is already under constant surveillance.
Justice Venning declined the application and allowed the media and public to remain in court.
The judge said open justice should prevail over the concerns of the terrorist regarding the publication of his lawyer’s submissions regarding how he is detained.
“The fact that aspects of it may be humiliating or embarrassing for him is not sufficient,” Justice Venning said.
After a brief adjournment, Simmonds told the court he had received firm instructions to abandon the application.
The judge dismissed the proceedings.
A minute from Justice Venning dated April 5, 2023, released to The New Zealand Herald last year, said that along with his status as an at-risk prisoner, the terrorist had raised a number of other issues with his detention in the extreme risk unit.
They included what was described in the minute as “inadequate access to news content”, no access to music, inadequate and restricted reading material, blocked and delayed mail and the treatment of his funds.
The abandoned application solely related to aspects of his detention and would have had no bearing on his conviction or sentence.
The Prisoners of Extreme Risk Unit, dubbed Peru, is based within Auckland Prison at Paremoremo. It is operated by the Prisoners of Extreme Risk Directorate - a group also established in response to the March 15 terror attack.
Alongside the gunman, the unit has housed other inmates deemed capable of influencing other prisoners, such as high-ranking gang members, an international drug trafficker serving a life sentence and Siuaki Lisiate, who has killed two people at the prison.
An internal Corrections document obtained by the Herald under the Official Information Act outlining the unit’s operating model said staff consider three dimensions when assessing whether an inmate is high risk enough to be sent to the Peru.
They are the prisoner’s risk of harm to others, their risk of harm from others and their capacity to influence other inmates.
“For the most part this is due to the ongoing risk of serious violence that they present, which requires additional management safeguards; however, this could also be due to their capability to influence others to engage in serious violence or threats,” the operating model says.
“Whilst these risks include violent extremism, this is not always the case. For example, additional measures may be required to safely manage individuals who are connected to sophisticated organised criminal networks, with the capability to seriously threaten the safety and security of a prison and the wider community.”
The document suggested prisoners at high risk of violence from others at Paremoremo can also be considered for the Peru.
“For example, those who have provided witness testimony against organised criminal organisations.”
Everyone in the Peru has their own management plan and, if deemed suitable, they are still able to associate with others.
But they are kept to their cells wherever possible.
Each cell in the Peru has its own attached exercise yard to provide their minimum entitlement to one hour of exercise in the fresh air, the document says.
The unit also has its own “dedicated activities officer, who, for certain long-term inmates deemed suitable, may be provided the chance to engage in certain activities, such as preparing a meal or playing chess”.
“For some long‐term prisoners, these activities may focus on supporting them to maintain life skills such as preparing a simple meal,” the document says.
“In addition, the activities officer will provide social contact by engaging in activities such as chess, in a non‐contact environment.”
Most prisoners in the Peru have free access to in-cell television and radio, including news media.
But for some individuals, “this access will be carefully restricted in order to manage risks to themselves or others”, the operating model says.
A briefing from the Department of Corrections to its incoming minister, Mark Mitchell, released on Thursday, warned of a rising number of people holding extremist views or at risk of radicalisation behind bars.
“In recent years, there has been an increase in the number of people we manage who are identified as potentially holding extremist views or displaying risk factors and indicators specific to radicalisation or violent extremism,” the briefing says.
