Please attribute to Neil Beales, Chief Custodial Officer:

There is no blanket prohibition of People Against Prisons Aotearoa’s newsletters being sent to prisoners, and there has been no directive to prison directors to withhold any issues of this group’s newsletter.

We recognise that every person in prison has the right to seek, receive and impart information. Prison directors balance this right with the potential risk to the safety and security of our staff and prisoners when making a decision.

While we cannot comment on the intentions of the group distributing the newsletters, we note that they have previously described the actions of the prisoners involved in the Waikeria Prison riot as “commendable”. The Waikeria Prison riot and extensive fires lit exposed those involved, other prisoners, Corrections staff and emergency services to significant danger. It resulted in a huge amount of trauma for around 200 people in prison who were evacuated from the top jail while fires burned around them and who were moved to other prisons away from their whānau and friends, lawyers, and the programmes and activities they were taking part in. The incident also significantly impacted on the 500 men who remained at the prison who lost property stored in the ‘top jail’ facility and who were unable to use the telephone system to let their loved ones know that they were okay due to damage caused to critical infrastructure.

Any protest in a prison that involves refusing to comply with lawful orders, even if it is non-violent, is likely to affect the security of the prison and lead to serious safety concerns for both staff and prisoners. Combining with other prisoners for a purpose that is likely to endanger the security or good order of the prison is an offence under section 128 of the Corrections Act 2004. Therefore, if mail contains inflammatory language that may encourage prisoners to be violent or not comply with lawful orders, it may be considered a risk by prison directors.

The decision to withhold mail is made on a case-by-case basis by individual prison directors in accordance with section 108 of the Corrections Act 2004. Advice has been provided to prison directors about their ability to withhold prisoner mail under the Act, and what consideration needs to be given to these decisions.

Prison directors at a number of sites made the decision to withhold copies of issues 5 and 6 of this group’s newsletter because they considered that they may pose a threat to the security of the prison, and promote or encourage the commission of an offence. Prison directors considered that the content of the newsletters could be interpreted by prisoners as an encouragement to take action in a way similar to the prisoners who started the Waikeria Prison riot. Corrections referred Issue 5 to Police for their consideration after a prisoner at Waikeria Prison brought it to the attention of staff. The prisoner was concerned about the content of the document.

Corrections encourages prisoners to raise any issues with staff in a lawful, constructive, and non-violent way. There are multiple avenues of complaint available to prisoners, including the internal complaints system, an 0800 number for contacting the independent Corrections Inspectorate, and the Ombudsman. These channels are free for any person in prison to contact, with contact details readily available to all prisoners. A number of prison sites also have Prisoner Welfare Committees, which are run by prisoners and allow prisoners to collectively raise issues with staff. Prisoners involved are also able to set up a Welfare Fund Account, which they can transfer funds in their own trust accounts to, to facilitate the expenditure of money on initiatives that support prisoner welfare – for example, family days and BBQs. These committees are fully supported by Corrections.

Safety is our top priority, and Corrections takes all potential threats to the safety and security of our people, prisoners and sites seriously. Our staff do an incredible job managing some of New Zealand’s most dangerous people in a complex and challenging environment.

We have comprehensive plans in place to mitigate and respond to a wide range of risks. These include:

  • Identifying and analysing information through our operational intelligence teams
  • Daily assessments and reporting of tension in every prison unit in New Zealand (200+ residential units)
  • Segregation processes for prisoners who pose a risk to the safety of others or themselves
  • The ability to monitor prisoner phone calls, incoming property and mail.

Prison directors may legally withhold mail for a number of reasons, including because they believe on reasonable grounds that the correspondence may, directly or indirectly:

  • Threaten or intimidate any person
  • Endanger the safety or welfare of any person
  • Pose a threat to the security of the prison
  • Promote or encourage the commission of an offence, or involve, or facilitate the commission or possible commission of an offence.