Waikeria Prison riot: Concern over Corrections' starvation tactics

The starvation tactics used during the Waikeria riot are copping criticism from a former head of the prison system.

During the six-day uprising at the prison in Waikato, the Department of Corrections withheld food and water from more than a dozen inmates on the roof before their surrender about midday Sunday.

Corrections chief executive Jeremy Lightfoot said during the riot Corrections had not provided additional food and water to the inmates as that could form part of the negotiating process.

But justice reform advocate and former head of prisons in New Zealand Sir Kim Workman said the attempt to starve the prisoners was not in the spirit of Hōkai Rangi, the department's new strategy emphasising “humanising and healing".

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The department said it remained proud of the actions of its staff during the riot as it awaits the findings of two reviews into the disorder.

While they were not provided food or water, the prisoners had access to canteen items remaining in the cells of the 200 evacuated prisoners, while the prison kitchen was also within the top jail facility, a Corrections spokeswoman said.

“The prisoners had access to any canteen items purchased by and remaining in the cells of the 200 prisoners evacuated, and the prison kitchen is also within the top jail facility.”

A spokesman for Corrections Minister Kelvin Davis said his expectation was the actions of the department's staff were in line with Hōkai Rangi but he was awaiting the outcome of the reviews to see if there were “any areas for improvement”.

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Hōkai Rangi is Corrections’ overarching strategy for 2019-2024. Material provided at the time of its release says it has the concept of oranga, or wellbeing, at its heart.

The department says the strategy should foster the spirit of “humanising and healing” in a system where people are seen as a whole, and worthy of dignity and care.

The riot represented a significant test of the Hōkai Rangi strategy, which has previously been criticised for encouraging officers to refer to prisoners as “men in our care” and to call them by their first names.

A report by Chief Ombudsman Peter Boshier released in August 2020, following an unannounced visit the previous year, found cells in the prison's high security unit were in a poor state of repair.

“They were poorly ventilated and uncomfortably hot,” Boshier said.

“Most cells accommodated two tāne but only had one chair and lacked sufficient storage space.”

As well, inmates in the unit eat meals on their bunks near an uncovered toilet, which Boshier said was unacceptable, especially in a prison where 67 per cent of the population was Māori.

“Tāne having to eat in such close proximity to the toilet is, in my opinion, both unsanitary and culturally inappropriate.”

Workman is a former police officer, and a criminal justice reform advocate, who was formerly operational head of prisons in what was the Department of Justice, from 1990 to 1993. He was appointed to the Parole Board in 2020.

He said the starvation tactics used by Corrections during the riot, like the conditions highlighted in the Ombudsman's report, went against the new approach.

“All that is inconsistent with the vision of Hōkai Rangi.”

For rehabilitation to occur, prisoners could not be placed in programmes then treated poorly whenever they were not participating in the programmes, he said.

“Rehabilitation is not just about running programmes, more fundamentally it is about providing an environment in which rehabilitation can occur.”

Lightfoot, the Corrections chief executive, said the reaction to the incident was consistent with the new strategy.

“Corrections is fully committed to achieving the outcomes of the Hōkai Rangi strategy, however our staff must also take appropriate actions when faced with violent actions that place others’ lives at risk.

“We do not apologise for the actions our staff took and ultimately they resulted in the safe end to the situation.

“Corrections remains proud of the actions and bravery undertaken by its staff in responding to the incident at Waikeria Prison.”

A spokesman for Corrections Minister Kelvin Davis said he was awaiting the outcome of the dual reviews – an operational review being carried out by Corrections’ chief custodial officer, and an independent inquiry led by the chief inspector with external assistance.

“The minister’s expectation is that Corrections’ actions were in line with Hōkai Rangi but he will wait for the completion of the reviews to see if there are any areas where there could be improvement.”

A police spokeswoman said it was too early to comment on any charges that could be laid against the men.

“A complex investigation, which may take several months, is now under way.”