Custodial Practice Manual
Mark Hanna made this Official Information request to Department of Corrections
The request was successful.
From: Mark Hanna
Dear Department of Corrections,
S.01.RES.12.01 of the Prison Operations Manual, regarding guidance on "reasonable grounds" to perform a strip search, was released in response to an earlier OIA request: https://fyi.org.nz/request/3926-strip-se...
This section of the Prison Operations Manual mentions instructions on strip searching prisoners in a document called the Custodial Practice Manual.
I have been unable to find this document available online, including on the Department of Corrections Website. Please release this document in full.
If any sections must be withheld for reasons such as those described in Section 6(c) of the Official Information Act, please withhold only those sections rather than the entire manual.
In particular, please release the "Strip Search" instructions referenced in S.01.RES.12.01 of the Prison Operations Manual.
Sincerely,
Mark Hanna
From: Info@Corrections
Department of Corrections
Thank you for contacting the Department of Corrections. This is an
automatic reply to let you know that we have received your email.
Our website, [1]www.corrections.govt.nz provides up to date news and
information about the work of the Department of Corrections.
If you are requesting information about an offender or prisoner, please
note that we are required to comply with the Privacy Act 1993, the
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This means that unless you are the victim of a serious crime, or there are
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Kind regards,
[5][Department of Corrections request email]
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5. mailto:[Department of Corrections request email]
From: Info@Corrections
Department of Corrections
Good Afternoon Mr Hanna
Please find attached correspondence from the Department of Corrections.
Regards
Ministerial Services Team
National Office
Department of Corrections
Mayfair House
44-52 The Terrace
Private Bag 1206
Wellington 6140
[1]www.corrections.govt.nz
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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 confidential or privileged 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/
From: Mark Hanna
Dear Ms Leota,
Your response, withholding this information under section 6(c) of the Official Information Act, is inadequate. Please see the Ombudsman's guidance on conclusive reasons for refusing requests under section 6 of the Act: http://www.ombudsman.parliament.nz/syste...
You will note that it explains:
"It is not sufficient to simply assert that disclosure of the information will have a prejudicial effect. The public sector agency must be able to identify, with sufficient particularity, the nature of the prejudicial effect and explain how such prejudice will occur in order to meet the tests for withholding in section 6."
Please explain exactly how the release of the information I have requested would prejudice the maintenance of the law. As you should have done this in your original response but did not, please respond under urgency.
Yours sincerely,
Mark Hanna
From: Info@Corrections
Department of Corrections
Dear Mr Hanna,
Please find attached the Department’s response to your request dated 12
July 2016
Kind regards,
Ministerial Services Team
National Office
Department of Corrections
Mayfair House
44-52 The Terrace
Private Bag 1206
Wellington 6140
[1]www.corrections.govt.nz
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------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 confidential or privileged 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/
Mark Hanna left an annotation ()
An update on the Office of the Ombudsman's investigation into my complaint:
"I can confirm that this Office received a response from Corrections regarding your complaint. At this stage, the response has been reviewed and we are currently in the process of arranging a meeting with Corrections to discuss your complaint and the decision made by Corrections.
It is difficult to provide a general timeframe for dealing with complaints made under the OIA as each complaint and investigation is different."
Mark Hanna left an annotation ()
I've had another update regarding my complaint. Corrections are now reviewing my request with a view to releasing the information I've requested, with redactions, rather than withholding the entire document.
No set timeframe has been provided, but from what I've been told I'm hoping to hear more within the next couple of weeks.
Mark Hanna left an annotation ()
Following my complaint to the Ombudsman, the Department of Corrections has now made a copy of the Custodial Practice Manual available (with redactions) on their website: http://www.corrections.govt.nz/resources...
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
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Mark Hanna left an annotation ()
I have lodged the following complaint with the Ombudsman:
I have asked the Department of Corrections to release a document, the Custodial Practice Manual. I am particularly looking to see the instructions they give to staff on how strip searches are conducted, but would also like to see other sections of this manual released if there is no reason to withhold them.
The Department withheld practically all of the document, citing section 6(c) of the OIA. I subsequently asked for an explanation as to how section 6(c) applied, as in their initial response it was only asserted that disclosure of this information "would prejudice the maintenance of the law", but the reasons they have sent me seem insufficient.
I remain unconvinced that their reasons for withholding all of this information are appropriate, and would like to request that you review the request to determine whether or not more of the information I have asked for should be released under the OIA.
Please find a copy of my request and all correspondence with the agency surrounding it at https://fyi.org.nz/request/4169-custodia...
Link to this