The reduction of re-offending by Pacific offenders is a key goal of the Department. To that end, the Department supports the strengthening of Pacific community structures, whereby assisting Pacific peoples to promote the well-being of prisoners will contribute to the achievement of that key goal. It is the Department’s intention to be as responsive as possible to the needs of Pacific peoples and to allow access for Pacific community leaders (Fautua Pasefika).
All prison staff are to treat Fautua Pasefika with the same respect, courtesy, and cooperation as for statutory visitors.
Fautua Pasefika
Are people of Pacific descent who through commendation by their community or organisation have been granted greater and easier access to prisons, and Pacific peoples in prison to:
- address cultural or other specific needs of a prisoner;
- provide spiritual or religious guidance or instruction to a prisoner; and/or
- advocate on behalf of Pacific communities to departmental staff and the Minister of Corrections on best practice and cultural issues that will attend to the well-being of prisoners.
Definitions
- The term Fautua Pasefika is intended to be applied to those peoples of Pacific descent who have been promoted by their communities as cultural advocates to departmental staff and the Minister of Corrections on issues that impact on prisoners of Pacific descent.
- Fautua Pasefika means nominated Pacific community leaders who have access to prisons to enable the well-being of prisoners and networking back to their communities.
- The use of the term Fautua Pasefika by the Department is intended to acknowledge the role of Pacific community leaders who fulfil the role of specified visitors to prisons.
The Role of Fautua Pasefika
- Fautua Pasefika advise departmental staff on examples of best practice for working with Pacific prisoners.
- assist prisoners to establish contacts with Pacific community groups;
- provide prisoners with news and information about local and national Pacific communities;
- assisting prisoners with personal and extended family matters;
- assisting prisoners with reintegrative arrangements through their extended family and community.
- Fautua Pasefika not employees of the Department.
- Fautua Pasefika are distinct from Pacific providers contracted by the Department to deliver services to prisoners of Pacific descent.
Process
Nomination of Fautua Pasefika
Pacific peoples are nominated by an organisation through the Ministry of Pacific Island Affairs(MPIA) for assessment and then forwarded to the GMPS for registration as Fautua Pasefika.
- Registration forms sent to Department of Corrections head office for logging.
- Registration forms forwarded to MPIA head office.
- MPIA head office assess forms against set criteria:
- Verify nominating Pacific organisations and individual profile of nominee.
- Conduct referee phone checks.
- Makes recommendation for or against registration of nominee.
- Forward recommendations on nominees together with assessments to Department of Corrections’ head office.
- Department of Corrections head office will notify non-recommended nominees.
- The Department will notify unsuccessful nominees.
Security Checks
- Pacific nominees referred for registration, as Fautua Pasefika must provide written consent for a criminal conviction check.
- All criminal conviction checks for registration are to be conducted in strict confidence.
- Department of Corrections Head Office undertakes criminal conviction check on recommended nominees.
- Nominees who meet the criminal conviction check requirements will advance to registration.
- All cases where a referred Pacific nominee’s security record may warrant consideration for declining registration as a Fautua Pasefika are subject to final decision by the GMPS, in consultation with MPIA, and any other appropriate authority. Criminal history, in itself, will not always preclude registration.
- MPIA and the Department will review nominees who do not meet criminal conviction checks requirements. Depending on a nominee’s history and nature of criminal conviction convictions, the Department will use its discretion to determine whether or not to advance the nominee to the final registration process. This will be determined on a case by case basis.
National Register for Fautua Pasefika
The National Register for Fautua Pasefika is to contain the following information for each Fautua Pasefika:
- Full name and known name.
- Full physical address and postal address.
- Contact telephone numbers.
- Ethnicity.
- Gender.
- Confirmation that induction information and training has been provided.
- Details of conditions that apply to the registration.
- Duration of the registration.
- All Fautua Pasefika are listed on the National Register for Fautua Pasefika and are authorised as special visitors for all prisons in New Zealand.
Photo Identification
- The Department will issue a Fautua Pasefika photo identity card to each Fautua Pasefika, once their induction is completed and they are listed on the National Register.
- All Fautua Pasefika are advised in writing that they must be able to produce their Fautua Pasefika photo identity card when entering any prison.
- Photo identity card enable efficient and effective identification of Fautua Pasefika by prison staff;
- Photo identity card provide Fautua Pasefika with a unique form of identification that acknowledges their status as Fautua Pasefika;
- Photo identity card remind prison staff of their responsibility to treat Fautua Pasefika with the same respect, courtesy, and cooperation as for statutory visitors and;
- Remind Fautua Pasefika of their agreed obligations.
Fautua Pasefika orientation information and training
- Successful nominees will receive induction training.
- Prison Managers are to provide Fautua Pasefika with induction information and training on the rules for the prisons they intend to visit
- Fautua Pasefika will be introduced to the management, staff and in particular, Pacific staff of the prison/s in their locality.
- The telephone contact details of Fautua Pasefika (subject to their prior consent) can be provided to newly-registered Fautua Pasefika, and updates of such contact details can be obtained (on the same basis of prior consent) from a Prison Manager.
Visits By Fautua Pasefika
- On approval Fautua Pasefika can enter prisons at any time, including outside normal visiting hours, by prior arrangement with site prison management. They may be permitted, at the Prison Manager’s discretion, to make unannounced visits.
- A Fautua Pasefika may visit any prison within their area, at any time, by prior arrangement with prison management.
- Fautua Pasefika do not visit at a prisoner’s request.
- Sites induct Fautua Pasefika using the Fautua Pasefika Induction Checklist (B.09.01.03.F1).
- Fautua Pasefika visiting prisons outside their area, especially for the first time, are encouraged to meet, if possible, the Fautua Pasefika of the area they are visiting, before seeking access to the prison.
- Failure to produce a Fautua Pasefika photo identity card may, at the discretion of prison management; lead to the individual concerned being refused entry and asked to leave.
- Fautua Pasefika, as with all persons entering a prison, may be required to undergo security screening in the same manner and circumstances as may apply to statutory visitors.
- In exceptional cases and only with the prior permission of the Prison Manager, Fautua Pasefika may deem it appropriate to bring authorised items into, or out of, a prison on behalf of prisoners or staff
Assisting prisoners to prepare for visits
Prisoners scheduled for a visit from a Fautua Pasefika are to be reminded in advance by prison staff, so that the prisoner has adequate time to prepare for the visit and to enhance their potential to benefit from the experience.
Managing feedback from Fautua Pasefika
- A complaint that a Fautua Pasefika has regarding their treatment while visiting a prison is to be documented by the Prison Manager in terms of a description of the incident or issue, and the actions taken to resolve it.
- Where resolution at the Prison Manager level has not occurred within 14 days duration, the complaint is to be referred to the next senior prison manager.
- Where resolution at the next senior prison manager level has not occurred within 14 days duration, the complaint is to be referred to the GMPS or General Manager Corporate Management, as appropriate, for investigation.
- The Department will advise Fautua Pasefika if they consider the complaint cannot be satisfactorily addressed by the Department. Fautua Pasefika may take their complaint to the Chief Ombudsman.
Dispute Resolution
Any dispute between a Fautua Pasefika and a Corrections staff member(s) must be dealt with under existing human resource (HR) process (refer to the Policy for Managing Human Resources).
Authority to suspend, vary, or impose conditions, or to revoke
The GMPS may, under Regulations 93 (2) (3) (4) (5) of the Corrections Regulations 2005:
- suspend, vary, or impose conditions that apply to a Fautua Pasefika; or
- revoke the registration of a Fautua Pasefika; and must
- notify in writing the Fautua Pasefika and the Prison Manager of the action taken.
Only the GMPS has the statutory right to terminate the authorisation and registration of a Fautua Pasefika.
Role of GMPPS
The role of the GMPPS is as follows:
- Receiving recommended nominees from the Ministry of Pacific Island Affairs to be considered for registration as Fautua Pasefika.
- Managing criminal conviction checks for Pacific nominees.
- Notifying the Pacific nominee in writing, if the criminal conviction check has not been cleared, that their registration has been declined.
- Notifying the successful nominee in writing, if the security check has been cleared, that their registration as a Fautua Pasefika will be finalised
- once their induction has occurred, and
- the National Register (see next bullet) has been updated with the conditions and duration that apply.
- Maintaining an up-to-date list of all those registered as Fautua Pasefika Specified Visitors (the National Register) for all prisons in New Zealand.
- Completing the paperwork for the issue of a Fautua Pasefika photo identity card.
- Providing for the access and safe conduct of Fautua Pasefika in prisons, in accordance with the spirit of these instructions.
Prison Managers’ responsibilities
Prison Managers are responsible for the administration of the Fautua Pasefika policy, in accordance with the Corrections Regulations 2005 and these instructions and guidelines. In particular, Prison Managers are to ensure that:
- All Fautua Pasefika are afforded access to prisons to visit members of their community, at any time that can be managed with reasonable notice, as indicated in these instructions.
- All measures necessary are undertaken to ensure the safety and security of all persons and the prison during visits.
- All Fautua Pasefika are to be provided with induction information and training on the rules for the prisons they intend to visit.
- Any complaint by a Fautua Pasefika is managed promptly, whether specific to their treatment while visiting a prison, or specific to a dispute with Corrections staff.
Prison Manager responsible for safety and security
The Prison Manager is responsible for the safety and security of the prison and of all persons in it. Fautua Pasefika are requested to respect this responsibility and to obey any instructions given to them by Prison Managers and staff, at all times. The Prison Manager has a statutory right to terminate a prison visit by a Fautua Pasefika for failure to comply with safety and security instructions.
Glossary
CRGs
Community Reference Groups
Fautua Pasefika
The term has been selected to describe a Pacific community leader with responsibility to provide advice and guidance. Fautua is Samoan and means to guide, counsel and advocate. The term is adapted from Fono Fautua which is a term used for the Council of Deputy Heads of State. They were paramount chiefs who had high status and are highly respected in Samoan society. Pasefika is used to acknowledge the Pacific peoples mainly from Samoa, Cook Islands, Tonga, Niue, Fiji, Tokelau and Tuvalu living in New Zealand.
MPIA
Ministry of Pacific Island Affairs
Pacific Peoples
Does not refer to a single ethnicity, nationality or culture. The term is one of convenience used to encompass a diverse range of peoples from the South Pacific region, which have had an historical or constitutional relationship with New Zealand. Hence, the use of 'peoples' rather than people for the purposes of this document.
