When a prisoner dies Corrections follows established procedures to ensure the required actions are carried out within the law and with respect for the spiritual, religious and cultural beliefs of the deceased.
When a death happens the prison doctor is notified and prison management inform the Police, Coroner and Corrections Head Office.
Corrections staff will secure the scene for investigation.
The Police will investigate the scene and are responsible for removing the body for an autopsy.
The Police will also notify next of kin and provide support services to the deceased's family if required.
Each prison has a contact list of cultural, religious and spiritual support volunteers who can be called upon to ensure the necessary processes are carried out in keeping with the beliefs of the deceased, his/her family/whanau and others (including staff).
Investigation
If there are criminal circumstances surrounding a death, the Police will conduct their own investigation.
Every death of a prisoner will also be investigated by a Coroner as well as an Inspector of Corrections. The prison may also carry out an internal investigation.
The Office of the Ombudsmen will monitor the conduct and outcome of the inspector’s investigation and can also initiate their own investigations.
In the case of the death taking place in a workplace situation the Department of Labour will also investigate the incident.
The family of the deceased will generally be contacted by investigation teams to ensure any issues they have are included in the investigation. Corrections is committed to ensuring all investigations are thorough and carried out with integrity and respect to all involved.
Prisoners and their families can contact the Inspectors of Corrections on free phone 0800 225 697 at any time.
Funeral or tangi arrangements
The body of any prisoner who dies is taken for an autopsy. It is released to the family after that.
Property of the deceased
Corrections will identify, secure and store the deceased person's personal belongings for up to three months.
The deceased’s designated contact person will be contacted to discuss collecting the belongings from the prison.
Other information
In some cases a memorial service for the deceased is held in the prison, which would be organised by the Chaplain and Area Adviser Maori. Part of their role would be to arrange to have the cell blessed by the appropriate people.
If family or friends feel such a service would assist them in the grieving process they can contact the Prison Manager at the prison or discuss it with the Chaplain and the Area Adviser Maori.
Sometimes family or friends may wish to see the place of death. Where possible the Prison Manager will allow such a visit.
The Coroner's Inquest
The Coroner is an independent judicial officer whose role is to enquire into the cause of death.
Next of kin will be contacted by the Coroner's Office notifying them of the time and place of the inquest, which is normally held at the local court. This will usually be some time after the funeral. Friends and family of the deceased are free to write to the Coroner at the Department for Courts with any concerns they may have, preferably prior to the inquest hearing.
The Coroner runs the inquest hearing, law sets its procedures and the hearing is open to the public. Friends and family will be free to ask questions of witnesses and the Coroner, and make statements, subject to the direction of the Coroner.
After hearing all the evidence at the hearing the Coroner will make a finding as to the:
The finding will be given verbally to all present and recorded. In some cases an expanded written finding will be given. A copy of this will be forwarded to the family. The finding will eventually be lodged with the Department for Courts in Wellington. Copies of the findings are available free of charge by writing to the Department for Courts at Private Bag 2750, Wellington.
It may be several months before the inquest hearing takes place due to the investigations into the death and the issues surrounding it.
Role of the Ombudsmen
Staff from the Office of the Ombudsmen make regular visits to prisons and provide independent oversight on incidents and complaints.
After the Department's investigation has been completed, the Ombudsmen will examine the Inspector's report. They will either confirm that the Inspector's investigation was carried out thoroughly and fairly, or make any additional recommendations they consider are necessary. They may conduct their own independent investigation if they consider this is necessary.
Prisoners and their families can contact the Ombudsmen at any time with any concerns they have. The Ombudsmen will then ensure that those concerns are investigated, and advise the family of the outcome. Offices of the Ombudsmen are located in Auckland, Wellington and Christchurch, and can be contacted on free phone 0800-802-602.