9. TARIANA TURIA (Co-Leader—Māori Party) Link to this
to the Minister of Labour
Will she be taking any action about the health and safety of employees following a Department of Corrections report into Mount Eden Prison which reportedly identified serious non-compliance with building codes and standards, fire, health and safety requirements; and a “medium” risk of sewage flooding into the exercise yards and other unsanitary conditions?
Hon RUTH DYSON (Minister of Labour) Link to this
I am advised that since the Department of Corrections information was compiled in 2004, to which the member referred, all issues identified by the member have been addressed.
What workplace health and safety strategy has the Minister considered for Mount Eden Prison, which Department of Corrections officials report as facing a high likelihood of service failure, the consequences of which would be catastrophic; and why has it taken 2 years for the Government to respond?
I will start by first answering the last question that the member posed. It has not taken that length of time, at all. In fact, all the issues that were identified in the report have been addressed in the 12 months since that information was compiled. The Department of Corrections has a responsibility to take all practicable steps to comply with the Health and Safety in Employment Act 1992, and my officials will continue to work with the Department of Corrections officials to continuously achieve that goal.
Simon PowerWhat action will the Minister take to elicit an explanation from the Minister of Corrections, given documents that show: “The cost of approving the use of Corrections working capital to fund Spring Hill and Otago is that deferred maintenance risks such as Mount Eden will not be able to be met from the department’s existing funding streams.”, and does she consider that a satisfactory response to the ongoing health and safety issues at Mount Eden Prison?
My responsibility is to ensure that the legislation is complied with. How the Department of Corrections uses its finances, and whether it uses that as a negotiating point in budgets, is not my ministerial responsibility.
Darien FentonDoes the Department of Labour automatically prosecute an employer if health and safety standards are compromised?
No. Prosecution is not the department’s first reaction. The most important reaction is ensuring that the workplace is safe, and that the employer is committed to taking all practicable steps to ensure a healthy and safe workplace environment. In fact, the criteria for prosecution are that it is the only way of achieving compliance, but the employer has avoided compliance to gain a deliberate economic advantage; that there is a careless disregard for the safety of the workforce; and to ensure public accountability. In my view, that is an appropriate threshold.
Dr Pita SharplesKua kite anō ia i te ripoata a Bob Harvey, te Tumuaki o Waitakere, mō te whare herehere o Mt Eden e kī ana: “Kāre e taea e ngā kaihanga atāmira mō te Ariki o ngā Rīngi te hanga atāmira e weriweri ana, e kino ake ana i tērā whare herehere whakarihariha kei te mōhiotia e tātau. He makariri, he mākū. Kāre e taea te whakamahana, te whakatikatika. I hangaia i ngā tau 1880 mō ngā mauhere 120. I tēnei wā, tata atu ki te 360 kei reira. He wāhi aurere, mokemoke hoki. Ki tōku whakaaro ko ngā raiona ahakoa kei roto i te rāwhi whakaaturanga o Tāmaki, ā, mate noa rātau, ka nui atu ake ngā wā e whakakorikori tinana ana, e hākari ana, e paenēne ana i te rā ki ngā mauhere kei Mt Eden.”; nā, āhea ka whakatikatika ai tēnei kāwanatanga i tēnei āhuatanga e whakamā whānui nei i a tātau?
Madam SPEAKERI raise a point of order, Madam Speaker. My question—as it will be revealed—contained a quote, in order to preserve accuracy, and that lengthened the question.
The translation will be included. I accept that, but I still remind members that it is question time.
[Has the Minister read the report from the Mayor of Waitakere City, Bob Harvey, about Mount Eden Prison: “A set maker for The Lord of the Rings]
Given that a former Minister of Corrections, the Hon Matt Robson, believed that Mount Eden Prison should be replaced by the year 2003 because of the condition it was in, what response has the Minister made to the Corrections Association of New Zealand, which warned—after inmates were housed in prison vans last year—that Mount Eden Prison is particularly at risk, because ongoing muster problems have led to an increase in assaults on staff, and riots, and that even the death of a guard could eventuate?
I am not the Minister of Corrections; I am the Minister of Labour, and the responsibility of the Department of Labour is to ensure that the health and safety in employment legislation is complied with by all employers, including the Department of Corrections. My advice is that no complaints have been laid with the Department of Labour, in relation to any activity or concerns around Mount Eden Prison, since the middle of last year. The member raised a number of concerns in her primary question, and I have been advised that all those issues in relation to health and safety have been addressed.