Printed from https://fyi.org.nz/request/14211-double-bunking-and-sexual-assault-2020 on April 20, 2024 18:16

Double-bunking and sexual assault 2020

Mark Hanna made this Official Information request to Department of Corrections

The request was successful.

From: Mark Hanna

Tēnā koutou,

In August 2017 (ref C88400), I asked the Department of Corrections for the number of prisoners in each prison who had been convicted of a sexual crime and were currently double-bunked. I was told that, as at 31 July 2017, 670 prisoners who had ever been convicted of a sexual offence were double bunked across New Zealand.

I would like to request comparable information, so I can see how the practice of double bunking prisoners with convictions of sexual offences has changed over the last three years.

Please release the following information, broken down by prison:

1. The number of prisoners currently kept in double-bunked cells who:
1a. Are serving a sentence for a conviction of a sexual offence
1b. Have one or more historical convictions for a sexual offence
1c. Have either current or historical convictions for a sexual offence

For clarification on part 1c of my request, I mean for it to be a total of prisoners counted in parts 1a or 1b. I understand that some prisoners kept in double-bunked cells may be serving sentences for a conviction of a sexual offence and also have one or more such historical convictions, so the sum of the numbers of prisoners requested in parts 1a and 1b would count those prisoners twice.

To ensure this information is comparable to that provided in 2017, I would prefer that the same definition of a sexual offence be used. As per the response letter I received on 6 November 2017:

“A sexual offence is any offence included in division 03 of the Australia and New Zealand Standard Offence Classification 2011, accessible at: http://www.ausstats.abs.gov.au/ausstats/...

However, if there is a new definition of sexual offence which you believe would be reasonable to use instead, I would be happy to discuss this and its potential implications for comparing the two data sets.

Please provide this information in an accessible, searchable format. I would prefer to receive the requested figures in a machine-readable spreadsheet format, such as CSV or XLSX.

If any part of my request is unclear, please don't hesitate to contact me.

If any of the information that I have requested is unavailable or would be difficult to retrieve, but similar information might be readily available, I would be happy to discuss altering or refining my request.

If any part of my request is to be refused, under section 19(a)(ii) of the Official Information Act please provide the grounds in support of the reason for refusal.

Also, if the time limit for this request is extended under section 15A(1)(b) of the Official Information Act, please explain what consultations are necessary to make a decision on my request, why they are necessary, and why they could not be reasonably completed within the original time limit.

Ngā mihi,
Mark Hanna

Link to this

Mark Hanna left an annotation ()

The 2017 request I mentioned is also available on FYI: https://fyi.org.nz/request/6465-double-b...

Link to this

From: Info@Corrections
Department of Corrections

Hello,

 

Thank you for contacting the Department of Corrections; this is an
automatic reply to confirm we have received your email – please do not
reply to this e mail.

 

Depending on the nature of your request you may not receive an official
response for up to 20 working days.

 

Official Information Act 1982 and Privacy Act 1993 requests received on or
after 27 November 2020 will take into account the Christmas period.

The period 25 December 2020 to 18 January 2020 inclusive is not considered
“working days”. That means any requests submitted on 27 November 2020 or
later may take a bit longer than expected for a response.

Further information can be found on the Office of the Ombudsman’s website
at  [1]https://www.ombudsman.parliament.nz/

 

Be assured we will endeavour to respond to you as quickly as possible.

 

If you are a friend or family member of someone in prison, you can find
some useful information [2]here.

 

If you are requesting information we are required to comply with the
Privacy Act 1993, the Official Information Act 1982 and the Victims Rights
Act 2002.

 

In most cases we are required to ask the person in prison for their
permission to release their information to you.  If you do not want the
person to know you are asking about them, please let us know as soon as
possible.

 

If you are a victim, you will find information about the Victim
Notification Register on our website [3]here.

 

If you are emailing regarding a media query, please contact
[4][email address]

 

Our website, [5]http://www.corrections.govt.nz/ provides up to date news
and information about our work, you can also follow us on [6]Facebook and
[7]Twitter.

 

Kind regards,

The Ministerial Services Team

[8][Department of Corrections request email]

 

 

 

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------The
information in this message is the property of the New Zealand Department
of Corrections. It is intended only for the person or entity to which it
is addressed and may contain privileged or in confidence material. Any
review, storage, copying, editing, summarising, transmission,
retransmission, dissemination or other use of, by any means, in whole or
part, or taking any action in reliance upon, this information by persons
or entities other than intended recipient are prohibited. If you received
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References

Visible links
1. https://www.ombudsman.parliament.nz/
2. http://www.corrections.govt.nz/working_w...
3. http://www.corrections.govt.nz/informati...
4. mailto:[email address]
5. http://www.corrections.govt.nz/
6. https://www.facebook.com/CorrectionsNZ/
7. https://twitter.com/correctionsnz
8. mailto:[Department of Corrections request email]

Link to this

From: Info@Corrections
Department of Corrections

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Kia ora,

 

Thank you for your email of 27 November 2020 requesting information
relating to prisoners kept in double-bunked cells.

 

Please be advised your request has been received, and will be considered
under the Official Information Act 1982.

 

Please note that our response letter to you (with your personal details
redacted), and any enclosed documents, may be published on Corrections’
website.

 

Ngā mihi | Kind regards,

Ministerial Services

Department of Corrections, Ara Poutama Aotearoa

a: National Office, Freyberg Building, 20 Aitken Street, Wellington, 6011

[1][IMG] [2][IMG] [3][IMG] [4][IMG] [5][IMG]

 

 

 

show quoted sections

Link to this

From: Mark Hanna

Kia ora,

Sorry, I just noticed that I'd apparently mis-typed the URL in my initial request. Unfortunately, because the response letter I received in 2017 had been printed and then scanned to convert it from text into an image, I had to re-type the URL out by hand.

This URL appears to be correct, though: http://www.ausstats.abs.gov.au/ausstats/...

Ngā mihi,
Mark Hanna

Link to this

From: Info@Corrections
Department of Corrections

Attachment C129115 Correspondence from Corrections.pdf
149K Download View as HTML

Kia ora Mark,

Please see attached correspondence from the Department of Corrections.

Nga mihi,

Ministerial Services
Department of Corrections, Ara Poutama Aotearoa
a: National Office, Freyberg Building, 20 Aitken Street, Wellington, 6011

show quoted sections

Link to this

From: Mark Hanna

Tēnā koe,

Thank you for your letter of extension. Given a whole extra 20 working days are needed, I'm disappointed that the Department of Corrections has taken until the original legal due date of this request to notify me of this extension. Though I am aware that the Official Information Act does not require that notices of extension must be communicated as soon as reasonably practicable, I would still have hoped to be informed of any extension soon after it became clear that it would be necessary. It seems very unlikely to me that the necessity of this extension of an additional 20 working days only became apparent to the Department of Corrections today.

Please explain to me what specific consultations are necessary to make a decision on this request, and why they could not reasonably have been completed within the original time limit.

Ngā mihi,
Mark Hanna

Link to this

From: Info@Corrections
Department of Corrections

Hello,

 

Thank you for contacting the Department of Corrections; this is an
automatic reply to confirm we have received your email – please do not
reply to this e mail.

 

If you are requesting information we are required to comply with the
Privacy Act 2020, the Official Information Act 1982 and the Victims Rights
Act 2002.

 

Depending on the nature of your request you may not receive an official
response for up to 20 working days.

 

Official Information Act 1982 and Privacy Act 2020 requests received on or
after 27 November 2020 will take into account the Christmas period.

The period 25 December 2020 to 18 January 2020 inclusive is not considered
“working days”. That means any requests submitted on 27 November 2020 or
later may take a bit longer than expected for a response.

Further information can be found on the Office of the Ombudsman’s website
at  [1]https://www.ombudsman.parliament.nz/

 

Be assured we will endeavour to respond to you as quickly as possible.

 

All media queries should be sent to [2][email address].

 

If you are a friend or family member of someone in prison, you can find
some useful information [3]here.

 

In most cases we are required to ask the person in prison for their
permission to release their information to you.  If you do not want the
person to know you are asking about them, please let us know as soon as
possible.

 

If you are a victim, you will find information about the Victim
Notification Register on our website [4]here.

 

Our website, [5]http://www.corrections.govt.nz/ provides up to date news
and information about our work, you can also follow us on [6]Facebook and
[7]Twitter.

 

Kind regards,

The Ministerial Services Team

[8][Department of Corrections request email]

 

 

 

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------The
information in this message is the property of the New Zealand Department
of Corrections. It is intended only for the person or entity to which it
is addressed and may contain privileged or in confidence material. Any
review, storage, copying, editing, summarising, transmission,
retransmission, dissemination or other use of, by any means, in whole or
part, or taking any action in reliance upon, this information by persons
or entities other than intended recipient are prohibited. If you received
this in error, please contact the sender and delete the material from all
computers.

References

Visible links
1. https://www.ombudsman.parliament.nz/
2. mailto:[email address]
3. http://www.corrections.govt.nz/working_w...
4. http://www.corrections.govt.nz/informati...
5. http://www.corrections.govt.nz/
6. https://www.facebook.com/CorrectionsNZ/
7. https://twitter.com/correctionsnz
8. mailto:[Department of Corrections request email]

Link to this

From: Info@Corrections
Department of Corrections

Kia ora Mark,

Corrections endeavours to provide responses to Official Information Act 1982 (OIA) requests as soon as possible and in accordance with statutory timeframes. To enable a response to your OIA request, consultation with several business units across Corrections needs to take place. The timeframe has therefore been extended by 20 working days in accordance with section 15A(1)(b) of the OIA.

Ngā mihi,

Ministerial Services
Department of Corrections, Ara Poutama Aotearoa
a: National Office, Freyberg Building, 20 Aitken Street, Wellington, 6011

show quoted sections

Link to this

From: Mark Hanna

Tēnā koe,

I asked you what specific consultations are necessary. Your answer of "several business units across Corrections" doesn't give much more detail than in the original notice of extension. Please explain to me what specific consultations are necessary to make a decision on this request, for example the names of those several business units.

If specific details can't be provided because Corrections has not yet established which specific consultations are necessary to make a decision on my request, I would appreciate being told that.

I would also appreciate an answer to my question as to why these consultations could not reasonably have been completed within the original time limit.

Ngā mihi,
Mark Hanna

Link to this

From: Info@Corrections
Department of Corrections

Hello,

 

Thank you for contacting the Department of Corrections; this is an
automatic reply to confirm we have received your email – please do not
reply to this e mail.

 

If you are requesting information we are required to comply with the
Privacy Act 2020, the Official Information Act 1982 and the Victims Rights
Act 2002.

 

Depending on the nature of your request you may not receive an official
response for up to 20 working days.

 

Be assured we will endeavour to respond to you as quickly as possible.

 

If you are a friend or family member of someone in prison, you can find
some useful information [1]here.

 

In most cases we are required to ask the person in prison for their
permission to release their information to you.  If you do not want the
person to know you are asking about them, please let us know as soon as
possible.

 

All media queries should be sent to [2][email address].

 

If you are a victim, you will find information about the Victim
Notification Register on our website [3]here.

 

Our website, [4]http://www.corrections.govt.nz/ provides up to date news
and information about our work, you can also follow us on [5]Facebook and
[6]Twitter.

 

Kind regards,

The Ministerial Services Team

[7][Department of Corrections request email]

 

 

 

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------The
information in this message is the property of the New Zealand Department
of Corrections. It is intended only for the person or entity to which it
is addressed and may contain privileged or in confidence material. Any
review, storage, copying, editing, summarising, transmission,
retransmission, dissemination or other use of, by any means, in whole or
part, or taking any action in reliance upon, this information by persons
or entities other than intended recipient are prohibited. If you received
this in error, please contact the sender and delete the material from all
computers.

References

Visible links
1. http://www.corrections.govt.nz/working_w...
2. mailto:[email address]
3. http://www.corrections.govt.nz/informati...
4. http://www.corrections.govt.nz/
5. https://www.facebook.com/CorrectionsNZ/
6. https://twitter.com/correctionsnz
7. mailto:[Department of Corrections request email]

Link to this

From: Mark Hanna

Tēnā koe,

It has been nearly two weeks now since I asked what specific consultations the Department of Corrections has determined are necessary to make a decision on this request, and why they could not reasonably have been completed within the original time limit.

I'm not sure why this information has not been forthcoming. The Department of Corrections must already have determined the answers to these questions in order to justify its extension on this request. It seems unlikely that there would be good reasons to refuse to release the information that would answer these questions. I'm sure it should be reasonably practicable to provide answers to these simple questions very quickly.

Again, I would like to reiterate my questions about this extension:

What *specific* consultations has the Department of Corrections identified as being necessary in order to make a decision on this request?

Why could these consultations not reasonably have been completed within the original time limit?

Ngā mihi,
Mark Hanna

Link to this

From: Info@Corrections
Department of Corrections

Kia ora Mark,

As previously advised in our response to you on 19 January 2021, the extension on the statutory timeframe was needed to enable consultation with a number of business units across Corrections. This includes consultation with our data team and subject matter experts to ensure the accuracy of information.

Should you have any concerns regarding this response you have the right to ask the Ombudsman to investigate our decision to extend the timeframe. Contact details are: Office of the Ombudsman, PO Box 10152, Wellington 6143.

Ngā mihi,

Ministerial Services
Department of Corrections, Ara Poutama Aotearoa
a: National Office, Freyberg Building, 20 Aitken Street, Wellington, 6011

show quoted sections

Link to this

Mark Hanna left an annotation ()

I'm beginning to think that the Department of Corrections is avoiding giving precise answers to my questions about their extension because they don't have them. At this point, that frankly seems more charitable than the conclusion that they are deliberately withholding this information.

If this is true, I think it raises questions about how Corrections determined the appropriate duration for the extension they granted themselves.

When I examined OIA data from the Department of Corrections a few years ago, I found that the extensions they granted themselves under s15A of the OIA were almost always 20 working days long: https://features.honestuniverse.com/oia-...

Perhaps the reason for this is that the Department of Corrections doesn't actually determine which consultations are necessary before it decides to extend the deadline of a request for this reason.

Link to this

Mark Hanna left an annotation ()

The Department of Corrections has missed the extended legal deadline for this request. I have lodged a complaint with the Office of the Ombudsman about this unlawful delay, and about their inadequate responses to my questions about the reasons for their extension of the deadline.

Link to this

From: Mark Hanna

Tēnā koe,

After Corrections extended the deadline of this request by 20 working days, the new legal deadline was 16 February. This deadline passed 7 working days ago, but I have not yet received any notice of Corrections' decision on my request.

If Corrections has already sent its response to this request, please resend it as I did not receive it.

If this is not the case, please send the response to my request immediately, and also explain both the reason for this apparently unlawful delay and the reason why I was not informed there would be a further delay past the extended deadline.

Ngā mihi,
Mark Hanna

Link to this

From: Info@Corrections
Department of Corrections

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Attachment C129115 Letter.pdf
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Attachment C129115 Appendix One.pdf
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Kia ora,

 

Please find attached response from Corrections.

 

Thanks,

Ministerial Services

Ara Poutama Aotearoa, Department of Corrections

a: National Office, Freyburg Building, 20 Aitken Street, Wellington 6011

[1][IMG] [2][IMG] [3][IMG] [4][IMG] [5][IMG]

 

 

 

 

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------The
information in this message is the property of the New Zealand Department
of Corrections. It is intended only for the person or entity to which it
is addressed and may contain privileged or in confidence material. Any
review, storage, copying, editing, summarising, transmission,
retransmission, dissemination or other use of, by any means, in whole or
part, or taking any action in reliance upon, this information by persons
or entities other than intended recipient are prohibited. If you received
this in error, please contact the sender and delete the material from all
computers.

References

Visible links
1. http://www.corrections.govt.nz/
2. http://www.corrections.govt.nz/
3. https://www.facebook.com/CorrectionsNZ/
4. https://nz.linkedin.com/company/departme...
5. https://twitter.com/correctionsnz?lang=en

Link to this

From: Info@Corrections
Department of Corrections

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Kia ora Mark,

 

I refer to your complaint to the Office of the Ombudsman regarding the
adequacy of Corrections’ response to your queries about the consultations
undertaken to complete a response to your Official Information Act request
(our ref: C129115).

 

As the information you requested was of a sensitive nature, a thorough
review and consultation process was required. It is worth noting that the
consultation and review process is not necessarily linear. At different
stages of the review process questions are raised which can result in the
requirement for further consultation with relevant parties to address any
gaps in information, answer any queries and clarify the data.

 

Consideration must also be given to the high caseloads of each person
involved in the consultation and review process, as well as the response
being drafted over the Christmas and New Year period.

 

The following people and business units were involved in the drafting,
consultation and review process.

o Consultation with the General Manager Research and Analysis for
requested data.
o Review of data and information by Ministerial Services Adviser.
o Review of data and information by Senior Adviser Ministerial Services.
o Review of data and information by Senior Adviser to the National
Commissioner.
o Review of data and information by Principal Adviser Ministerial
Services.
o Review of data and information by Manager Ministerial Services.
o Review of data and information by General Manager, People and
Capability.
o Review and sign out by National Commissioner.

 

I hope this information provides clarification on the reasons for the
delay in Corrections’ response to you.

 

Ngâ mihi

 

Brydie Raethel | Principal Ministerial Services Adviser |

National Office | Department of Corrections Ara Poutama Aotearoa |

Freyberg Building, 20 Aitken Street, Wellington | Private Bag 1206,
Wellington 6140 |

[1]1 [2]4,3,2

 

 

 

 

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------The
information in this message is the property of the New Zealand Department
of Corrections. It is intended only for the person or entity to which it
is addressed and may contain privileged or in confidence material. Any
review, storage, copying, editing, summarising, transmission,
retransmission, dissemination or other use of, by any means, in whole or
part, or taking any action in reliance upon, this information by persons
or entities other than intended recipient are prohibited. If you received
this in error, please contact the sender and delete the material from all
computers.

References

Visible links
1. http://www.corrections.govt.nz/
2. file:///tmp/foiextract20210316-1061-1136hv7#MicrosoftOfficeMap0

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