Arthur Taylor complains to ombudsman over lack of exercise time

  • 29/05/2016
Arthur Taylor complains to ombudsman over lack of exercise time

The Department of Corrections has been called out for breaking protocol by jailhouse lawyer Arthur Taylor. But it says it has since made changes to ensure prisoners receive their minimum entitlements.

Taylor filed multiple complaints to the Ombudsman, Professor Ron Paterson, claiming the prisoners in Auckland Prison's East Division were not given the opportunity to spend one hour exercising in the open air, weather permitting, which they are entitled to under law.

Citing previous incidents and Supreme Court rulings, Taylor claimed it hadn't deterred the prison from "continuing to deny prisoners from their one hour minimum entitlement", and that "there needs to be accountability" for the practice continued for "such a long period" of time.

Taylor claims there was no "emergency or acceptable reason" for the extended amount of time the prisoners were being kept under lock.

Auckland prison director Tom Sherlock says Corrections acknowledges the Ombudsman's findings regarding the complaint.

"We have since put a system in place to ensure prisoners receive their minimum entitlements," he says. "The complaint made by Mr Taylor affected a small number of prisoners for a short period of time."

In one specific incident the prisoners were kept in their cells while guards underwent training. Taylor said regardless: "Prisoners cannot lawfully be deprived of their statutory minimum of one hour's exercise and in the open air if weather permits."

Corrections hit back, saying most prisoners have unlock time well in excess of their minimum entitlements.

"Our staff put a great deal of effort into ensuring that all prisoners receive their minimum entitlements," says Mr Sherlock.

Prof Paterson found that one set of circumstances Taylor outlined -- Auckland Prison's D Block Friday regime -- was unreasonable as it did not allow prisoners reasonable opportunity to have one hour exercise in the open air, in addition to cleaning their cells, having a shower and using the telephone.

"I am concerned that prison management seem incapable of ensuring that the prison's regimes afforded prisoners their statutory entitlement to one hour exercise in the open air, weather permitting," Prof Paterson wrote in the report.

Auckland Prison is now required to provide the Chief Ombudsman with detailed monthly reports until further notice.

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