2. NANDOR TANCZOS (Green) Link to this
to the Minister of Justice
What recent announcements, if any, have been made to enhance the independent oversight of complaints and systemic issues in prisons?
Hon MARK BURTON (Minister of Justice) Link to this
Today we released proposals that would give the Office of the Ombudsmen new responsibilities for conducting investigations of all deaths in custody and designated serious incidents, and for undertaking more reviews of systemic issues identified during visits of prisons as a result of incidents or complaints. The proposal has resulted from a package of work with the Green Party to examine victims’ rights and to ensure effective independent oversight of our prisons. I acknowledge the contribution of the Green Party and, in particular, justice spokesperson, Nandor Tanczos, for his input into these proposals.
Does the Minister agree that if the New Zealand public is to have confidence in the ability of a prison inspectorate to fearlessly and independently hold the Department of Corrections to account when investigating complaints, then the most effective way of doing that is through having an Ombudsman for prisons?
Yes, I think this is a matter we have looked at very carefully and we have looked at the alternatives. I believe that the New Zealand Ombudsmen enjoy a uniquely high level of public confidence and trust, and that this is the right place to locate this important function.
Jill PettisHow do these new responsibilities fit with the responsibilities of the Ombudsmen under the Crimes of Torture Amendment Act 2006?
The role fits with the broader role of the Ombudsmen of examining and reporting on prison conditions and prisoner treatment as a national preventive mechanism under the Crimes of Torture Amendment Act. It is a good enhancement and is complementary to that function.
Simon PowerCan the Minister confirm that the Ombudsmen already deal with a high number of prisoner complaints—hardly qualifying as the new body that Labour promised the Greens in 2005—and how does he reconcile this initiative with the views of Damien O’Connor, expressed at a select committee last year, when he said: “I have to say that I personally don’t give it the highest priority. I think there are in place adequate avenues for prisoners who make complaints.”?
I think it is evidence of the fact that we continue to think, work, and collaborate. The work that the Ombudsmen undertake currently is one of the reasons that when this was looked at very carefully by the Government and the Greens it was deemed a good fit.
Of course, if the member bothered to look at the detail he would see that the second-tier function, where much of the serious investigation work takes place, currently resides with the inspectorate under the authority of the chief executive of the Department of Corrections. It will now reside under the direct authority of the Ombudsmen. This is a fundamental shift of responsibility for the most important investigative work.
Can the Minister confirm that a key function of the prison Ombudsman will be to undertake own-motion investigations into systemic issues in the corrections system, that the Ombudsman will be funded to do so, and that that is an important element to pre-empt problems such as those that led to the tragic killing of Liam Ashley?
Again, yes, the enhancement of the resourcing and the capability of the office will, I think, lead to a greater number of own-motion investigations. I think they are an invaluable part of the tool kit of the Office of the Ombudsmen in its expanded functions.
For the benefit of the member opposite, I repeat that he should look at the fundamental transfer of the second-tier responsibilities that currently sit in law under the authority of the chief executive of the Department of Corrections. That function will transfer—there will be legislative change—and it will reside with the Ombudsmen directly.