This statement can be attributed to Leigh Marsh, Commissioner Custodial Services:

Corrections remains committed to managing New Zealand’s most dangerous prisoners safely and securely, to ensure they cannot cause further harm.

The Prisoners of Extreme Risk Unit (PERU) was set up in 2019, bringing together specialist staff with the right skills, capability and experience to manage the extreme risk posed by a small group of prisoners, including those with convictions for terrorism, violent extremism, transnational organised crime and significant and repeated violence.

Prisoners can be accommodated in PERU if there is an ongoing risk they will threaten, intimidate or behave violently towards others, or influence other prisoners to do the same.

There are currently around 10,000 people in New Zealand prisons, of which 13 are housed in PERU. Prisoners currently accommodated in PERU include the Christchurch Mosque terrorist, prisoners involved in sophisticated organised criminal networks and with the capability to seriously compromise the safety and security of our staff and prisons, prisoners who have shown their capacity for extreme violence, and prisoners who engage in significantly abusive, violent, racist and sexist behaviour towards our staff, including making death threats towards our staff and their families.

Corrections acknowledges today’s release of the Ombudsman’s report on the Prisoners of Extreme Risk Unit at Auckland Prison. Corrections received the final report on Friday 13 December and is considering the report’s findings and recommendations.

Whenever we make operational changes to PERU we need to do so with the utmost care because of the extreme risk posed by the prisoners in this unit. This risk has already been demonstrated by multiple incidents involving these prisoners before they were managed in PERU. One of the men in PERU has murdered two other prisoners during his time in prison. Another man has sexually and violently offended against female custodial staff prior to coming into PERU.

The exceptional work of frontline staff in PERU has resulted in Corrections being able to manage these prisoners safely. I would like to thank our staff in PERU, who consistently demonstrate dedication, integrity and professionalism in their work to manage New Zealand’s most dangerous offenders and keep us all safe.

We are committed to ensuring people in prison, including those in PERU, are treated safely and humanely. There are robust processes in place to ensure this and there has been continuously ongoing work to further improve these processes. This has included the development of the Prisoners of Extreme Risk Directorate (PERD) Referral Panel, which considers referrals for individuals across all three tiers of the PERD service, including entry into and exit out of the PERU, and the establishment of Clinical Multi-Disciplinary Team (MDT) meetings, which provide an opportunity for Corrections health professionals to review and discuss the management and mental health of the men in PERU. These initiatives support the PERD team to make sound and transparent decisions about the appropriate management of the men in PERU. A Chief Executive’s Advisory Group also meets monthly, providing a forum to discuss the management of prisoners in PERU.

Corrections acknowledges there are ways we can refine the management of prisoners in PERU. The Ombudsman’s investigation coincided with a similar investigation carried out by the independent Corrections Inspectorate around the same time, and the Inspectorate released their report in August. In response to their report, we have already made a number of changes, which include:

  • Providing additional training for staff working in PERU, supported by introducing and recruiting to a new Custodial Adviser Persons of Extreme Risk Directorate role.
  • Recruitment of custodial staff in PERU has remained the focus, and staffing levels have been steadily increasing since mid-2023.
  • Increasing the range of rehabilitative, constructive and cultural activities offered to prisoners in PERU. Two 0.5 FTE psychologists, a case manager, education tutor, and activities officers also work in the unit. The range of additional services includes case management, education, physical activity, art, cultural and spiritual services.
  • Increasing access to AVL, supporting prisoners in PERU to have increased contact with family, particularly for those with family outside of Auckland. Family visits are available but for men who have family overseas AVL or special visits are arranged.

Corrections has a significant policy programme of work underway, having regard to our international and domestic legal obligations. This work programme is exploring changes to the Corrections Act 2004 to define extreme threat prisoners and set out a specific legislative framework for managing these individuals. I expect this work will consider how specialist regimes or units within the Corrections system provide for the safe, humane, transparent and fair management of people in custody.

The PERU model in operation today is not the same as the one in place when the unit was established, or at the time of the Ombudsman’s inspection in 2023. The operating model of the PERU is regularly evolving in response to the risk posed by those individuals who present an extreme threat to keep other people in prison, staff, and the wider community safe. Immediately ceasing the use of our current PERU model would present an undue risk to these parties, which is why we are taking operational and legislative steps to ensure we can keep our staff, the public and other prisoners safe while still ensuring the safe, humane and fair management of New Zealand’s most dangerous prisoners.

Case Study:

On page 17 of his report, the Ombudsman includes a case study of a young person in PERU referred to as Mr X. Mr X has since been released from prison. Below we have provided some further detail about how Corrections supports people in PERU to safely reintegrate back into their community.

Mr X came into PERU from Police custody.

Mr X had begun the planning of an attack in Auckland targeting and killing non-Muslims. He stored numerous documents, photos and videos that he located on the internet in relation to violent extremism. He was sentenced to imprisonment.

Mr X was provided with extensive support during his time in PERU to improve his wellbeing and address his risk of reoffending. Mr X submitted an affidavit to his sentencing Judge in which he relayed that his time in PERU had given him a time to self-reflect and provided the opportunity to be his true self. He also spoke about the positive support being provided to him.

Whilst remanded in custody, Mr X was diagnosed with an intellectual disability, and it was identified that he would need significant support in the community. In advance of sentencing, planning commenced to ensure Mr X was supported to successfully reintegrate back to the community.

The management of Mr X and the planning for his release was led by the Prisoners of Extreme Risk Directorate and involved Corrections stakeholders from across many different teams and areas of expertise (including Pae Ora (Health), Psychological Services, Community Corrections, the High Risk Team, the Electronic Monitoring team, Case Management, and a Māori Mental Health Practitioner) who worked closely with a large number of external stakeholders including his family, other government agencies and community groups.

Since his release on parole, many of these stakeholders have remained involved, either working directly with Mr X or remaining in a support and advisory capacity through MDT meetings. This has included staff from the Prisoners of Extreme Risk Directorate who have continued to provide intensive support to the region throughout Mr X’s time on parole.

Mr X has not re-offended since his release to the community, he has remained positively engaged with his support network and he has used the support available to him to navigate the challenges he has faced following release. Mr X’s successful reintegration into the community demonstrates the positive outcomes that can be achieved by a collaborative multi-agency approach, including a comprehensive wraparound service as has been provided in PERU.

Notes:

  • Each person in PERU has their own individual management plan developed with their input where appropriate. Corrections assesses the risk that the person presents to others, including staff and to the safety and security of the prison. All of the prisoners in PERU are assigned a case manager to ensure that an appropriate pathway is established.
  • Corrections takes an individualised approach to the management of people in PERU, as they all have different rehabilitation needs, cultural background, and risks. There are many activities the prisoners can participate in, including education, library services and physical education.
  • There is also a variety of cultural and spiritual support available to prisoners in PERU, including via the Psychological Services Kaupapa Māori Practitioner, the Intervention and Support Practice Team Māori Mental Health Practitioner, Chaplains, and an Imam.
  • Primary health and mental health services are available to all prisoners, including those in PERU.
  • Each person in PERU has access to their exercise yard for between three and six hours daily.
  • The yard attached to each cell is 10 square metres in size.
  • Prisoners in PERU can speak with a nurse daily and more frequently if requested.