MEDIAWATCH: Q+A – why isn’t Ombudsman Peter Boshier running for Labour?

Outgoing Ombudsman criticises ‘dinosaurian’ prisoner treatment

The outgoing public watchdog is criticising the Department of Corrections for being “dinosaurian”, saying they’re slow to improve the treatment of prisoners.

Ombudsman Peter Boshier spoke to Q+A to reflect on his nine years in the job. As part of New Zealand’s international obligations to prevent torture and other cruel punishment, the Ombudsman inspects prisons to check how inmates are treated.

Boshier said his visits to prisons had deeply affected him. In his 2024 report into the Prisoners of Extreme Risk Unit (PERU) — which holds 13 men, including the Christchurch terrorist — he described the unit’s conditions as “cruel, inhuman, and degrading”.

At the time, Corrections said in a statement its PERU model was different than in 2023, when the Ombudsman inspected it. It said the men in the unit had shown evidence of being highly dangerous.

Corrections also said it was committed to ensuring those in PERU were “treated safely and humanely” and there were “robust processes in place to ensure this”.

Boshier said Kiwis needed to care about human rights in prisons to facilitate rehabilitation. The fact was most inmates, aside from the Christchurch mosque shooter, would be returned to the community at some point, he added.

“The other thing is we are a civilised society. We are responsible for all members of our society.

“We don’t have death row for prisoners who commit murder. We have decided that we don’t subject them to the death penalty.

“If we’re going to imprison them, we’ve got to do it in accordance with international requirements and we don’t always do that,” Boshier said.

He was also critical of what he saw as Corrections’ “glacial” speed in making change.

In 2023, Boshier published a report saying he was concerned the same issues were coming up time and time again in prisons. These included inmates not having enough time outside, having little contact with family, and not getting enough rehabilitation support.

Boshier also told Parliament in April last year Corrections hadn’t shifted their approach since Covid-19 lockdowns. Corrections said at the time it was partly due to staff shortages.

“I could accept [during Covid] that prisoner rights should be compromised. In the cell 23 hours a day [because] we didn’t want Covid spread and prison staff were off and away,” he said.

“Corrections have been incredibly slow to change since Covid. And I’ve been really concerned about the erosion rights prisoners have… I’m disappointed that Corrections is glacial in the way it embraces change. Glacial.”

Other agencies more readily accepted his recommendations — but not Corrections, he added.

“Corrections will say: ‘We accept your recommendations.’ But, deep down, I don’t think they do. They don’t. And why not? Probably culture,” Boshier said.

“We found the management structure and the way prisons are organised doesn’t do much to promote change in individual prisons. It’s just the way that fairly dinosaurian agency is managed.”

In a statement to Q+A, Corrections said safety and security was their number one priority, meaning any changes needed to be thoroughly considered.

“We value robust, independent scrutiny and are always working to do better,” Corrections acting chief executive Juanita Ryan said.

“We have made significant changes in response to issues identified by the Ombudsman, including carrying out an organisational restructure which came into effect last year.”

Corrections said it was continuing to make changes in response to recommendations.

Boshier is finishing his tenure as the Ombudsman later this month. The Ombudsman Act requires any person in the role to resign at the age of 72.

He said he hadn’t decided yet what he wanted to do next.

“I think for the future, I’ll take stock.

“I want to keep the brain going.”

I have the deepest respect for Peter Boshier, as Ombudsman he has been fearless in holding the State to account for abuses of power.

His dignity, intellect and emotional intelligence has always held the light of righteousness to the darker parts of the NZ psyche. His criticism of prisoner abuse should shame us all.

He is the exact sort of educated perspective and courage our political system desperately needs.

Why aren’t the Labour Party offering him a list position right now?

 

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