CAT/OP/NZL/1/Add.1
101. The Subcommittee recommended New Zealand suspend the construction of the
proposed management cells at Auckland Maximum Security Prison and ensure
management cells are kept in a clean and decent state of repair. The Subcommittee also
recommended not holding prisoners in disciplinary cells for a prolonged time on the basis
of perceived security risks, ensuring an effective appeal process against disciplinary
measures, and removing any impediments to the right to legal counsel.
Prisoner exercise
102. The Corrections Act 2004 provides that every prisoner may, on a daily basis, take at
least one hour of physical exercise, which may be taken in the open air if the weather
permits. Corrections accept that the amount of exercise time that prisoners receive above
this minimum entitlement can vary according to a prisoner’s risk profile. As discussed
earlier, the security classification review currently underway is expected to result in greater
flexibility in the way that prisoners are managed. This will potentially increase out-of-cell
opportunities, although the safety of staff and prisoners will remain of paramount
importance.
103. The quality of exercise facilities and extent of natural light inevitably varies across
New Zealand’s prison system, reflecting the age and design of individual prisons. There is a
comprehensive programme of capital improvement across the entire prison estate and
improvements being made to older facilities.
Prisoner meals
104. All meals are prepared in accordance with food safety standards and meals produced
in prisons are assessed on a regular basis. Prison menus were developed with input from a
New Zealand Ministry of Health dietician. The menus provide adequate amounts of all food
groups and vitamins and minerals, and rotate every four weeks. In instances where
prisoners will receive dinner early, extra food is provided to tide them over until morning.
105. In regards to the items for purchase, the list is developed carefully to ensure the
items cannot be used to manufacture contraband (such as fermenting fruit into alcohol) that
can impact on the good order of the prison. The cost of the items reflects the overhead costs
of running the Distribution Centres.
Management unit cells
106. The two management cells that the Subcommittee viewed at Auckland Prison are
prototypes. The final design of the management cells will be at least 40%-70% larger and
have better natural lighting and ventilation. The units will also have built-in showers and
their own exercise yards. The upgraded unit will include areas for programmes including
rehabilitation and constructive activities.
107. Corrections have one prisoner detained for a prolonged length of time in a
Management Unit cell due to his history of destroying all other types of cells and his high
risk of escape. While the prisoner in question is housed in the Management Unit at night, he
can associate with other prisoners during the day and receives his full entitlements.
Corrections are working with the prisoner to progress him into other units.
108. All prisoners, including those detained in the Management Unit cells, can appeal
segregation decisions by applying to the Inspector of Corrections, the Regional Operations
Manager, an Ombudsman or a Visiting Justice (an independent official appointed by the
New Zealand Governor General). There are processes and timeframes in place to ensure all
appeals and complaints are considered in a timely manner.
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