Isolation report: Police dragged heels over request for confinement info

2:19 pm on 10 December 2020

Police did not initially cooperate nor provide data on time to a Human Rights Commission report into how agencies keep people in confinement.

prisoner hand in jail

Photo: 123RF

Police provided data when compelled to by the Official Information Act after the Commission sent a legal request for the information.

The report found children had been kept in solitary confinement, and others - especially Māori - held too often and for too long, sometimes without justification.

Many other agencies took part and cooperated by giving the Commission data, including the Department of Corrections, Oranga Tamariki, district health boards, and the Ministry of Health.

However, despite repeated requests, police did not provide the data the Commission sought with enough time for it to be analysed.

"Regrettably, this review did not benefit from co-operation with the Police. It therefore does not examine the use of restraints by the Police, despite serious concerns about practices in Police custody suites in 2016/17," the report said.

"The Police failed to provide this follow up review, despite repeated requests, with the information sought in a timely manner and in a format which allowed for ready analysis.

"I am concerned by the inability to follow-up on Police custody suites and the use of restraints by the Police, and by the lack of accountability and transparency that suggests.

"Ultimately, this may be prejudicial to ensuring that those in Police care are treated with respect to their inherent dignity."

In response to a request from RNZ, police said although they did not provide the data it did not mean they were not committed to improving safety in its custody suites.

"It is important to state that although a review of Police's custody improvements is not included in Dr Shalev's report Seclusion and Restraint - Time for a Paradigm Shift, we are working diligently to improve how we care for people in our custody," assistant commissioner response and operations, Tusha Penny, said.

"Police has put in considerable effort with the Ministry of Health and relevant District Health Boards (DHBs) to minimise the need for Police to detain people awaiting assessment under the Mental Health Act 1992. Restraints are only used in extraordinary circumstances where required to prevent harm to the person in custody or others.

"Police is committed to improving how people are cared for in custody and will continue to work with Iwi and Hapū, community groups and government agencies to deliver identified improvements.

"Our purpose is to ensure everybody can be safe and feel safe."

Police responded to two Official Information Act requests from the HRC.

"While Police complied with our obligations under the Official Information Act, we appreciate that we could have proactively engaged more with the report's author."