V.02.Res.07 Kaiwhakamana visits

The Department supports the strengthening of Māori community structures. The reduction of re-offending by Māori is a key goal of the Department and assisting Māori to promote the wellness and well-being of their own people will contribute to the achievement of that goal.

All prison staff are to treat Kaiwhakamana with the same respect, courtesy, and cooperation as for statutory visitors.

Kaiwhakamana

• Kaiwhakamana (kaumātua who have access to prisons to enable the wellness and well-being of their people) are specified visitors, and include kaumātua, kuia, tohunga, spiritual leaders and others, as approved.
• Kaiwhakamana are not employees of Department.
• Kaiwhakamana are distinct from Māori service providers who provide contracted services for Māori prisoners in prisons on behalf of the Department.
• Koha will only be offered with regard to services that are requested by general manager custodial.

Definitions

• The term Kaiwhakamana means kaumātua who have access to prisons to enable the wellness and well-being of their people.
• Kaumātua is intended to be applied in its broadest sense to include kaumātua, kuia, tohunga, and others who are commended by their own people to fulfill the role of specified visitors to prisons.
• The use of the term Kaiwhakamana by the Department is intended to acknowledge the role of kaumātua who fulfill the role of specified visitors to prisons.

The Role of Kaiwhakamana

• Kaiwhakamana may visit a prison at any time agreed by the general manager custodial for any of the following purposes;
  • to advise prisoners and whānau about whakapapa and tikanga;
  • to assist prisoners to establish contacts with iwi / hapū / whānau;
  • to provide prisoners with news and information about iwi / hapū / whānau;
  • to advise and assist prisoners with iwi / hapū / whānau, relationship, and business issues;
  • to assist prisoners with personal and family matters;
  • to provide spiritual / religious support and guidance for prisoners;
  • to assist prisoners with reintegrative arrangements through their iwi / hapū / whānau, and
  • to provide suggestions and advice to the Minister and Department of Corrections staff on the provision of services to Māori.

Nomination of Kaiwhakamana process

• Kaiwhakamana must be nominated by an Iwi / Māori Women’s League, and Māori Churches) through the [V.01.Form.07 Kaiwhakamana application] through the ‘Regional Adviser Māori Service Development’.
• Nominations are forwarded to National Office for processing.

Security Checks

• Written consent for a security check must be provided by kaumātua referred for registration as Kaiwhakamana.
• All security checks for registration are to be conducted in strict confidence.
• All cases where a referred kaumātua’s security record may warrant consideration for declining registration as a Kaiwhakamana, are subject to final decision by the Commissioner Custodial Services in consultation with the referring iwi / hapū / authority concerned, and any other appropriate authority.
• Criminal history, in itself will not always preclude registration.

National Register for Kaiwhakamana

• The National Register for Kaiwhakamana is to contain the following information for each Kaiwhakamana:
  • Full name and known name
  • Gender
  • Full address and postal address
  • Contact telephone number, and facsimile number or e-mail address if appropriate
  • Alternative contact arrangements as necessary
  • iwi / hapū / whānau / organisation affiliations
  • Confirmation that orientation information and training has been provided.
  • Chosen form of valid photo identification.
  • Details of conditions that apply to the registration.
  • Duration of the registration.
• All Kaiwhakamana are listed on the National Register for Kaiwhakamana and are authorised as special visitors, in terms of (refer to POM [V.02.Res.05 Specified visitors visits]), for all prisons in New Zealand.
• The Department will issue a Kaiwhakamana photo identity card for Kaiwhakamana who request a card.
• Once accepted Kaiwhakamana are entered on a national register and are permitted to visit prisons.

Kaiwhakamana orientation information and training

• General manager custodial are to provide Kaiwhakamana with orientation information and training on the rules and protocols for the prisons they intend to visit. The prison protocols will:
  • be developed, as may be agreed by prison management, with respect to the kawa of the tangata whenua associated with the prison; and
  • form the basis of the kawa as may apply to each prison in New Zealand.
• It is emphasised that the purpose of the prison protocols is to promote cooperation with Māori and to appropriately acknowledge tangata whenua, while maintaining the integrity of the prisons.
• Kaiwhakamana will be introduced to the Department’s Māori service staff during orientation. Māori service staff can provide a confidential ‘point of contact’ for Kaiwhakamana, should the need arise, plus provide contact details of Māori service staff in other regions.

Visits by Kaiwhakamana

• Kaiwhakamana may visit a prison at any time outside normal visiting hours by arrangement with prison management, but may be permitted, at the general manager custodial's discretion, to make unannounced visits.
  Note: They do not visit at a prisoner’s request.
• Kaiwhakamana may bring authorised items into, or out of, a prison on behalf of prisoners or staff only with the prior approval of the general manager custodial.
• Visits to prisons require prior notice to the prison management for security, safety and administrative reasons.
• A Kaiwhakamana may enter any prison outside normal visiting hours if they have advised prison management at least one working week day before they intend to visit. This rule can be waived in extenuating circumstances, e.g. the death of a prisoner or a death in a prisoner’s family.
• A Kaiwhakamana may visit any prison outside their own rohe, where members of their iwi / hapū / whānau are held as prisoners, provided they abide by the kawa for Kaiwhakamana visits established by the tangata whenua of the rohe with the prison authorities.
• Failure to produce a valid form of photo identification (such as a Kaiwhakamana photo identity card, driver licence, or passport) may, at the discretion of prison management, lead to the individual concerned being refused entry and asked to leave.
• Kaiwhakamana may bring authorised items into, or out of, a prison on behalf of prisoners or staff, only with the prior permission of the general manager custodial.
• Kaiwhakamana, as with all persons entering a prison, may be required to undergo security screening in the same manner and circumstances as may apply to statutory visitors.

Assisting prisoners to prepare for visits

Prisoners scheduled for a visit from a Kaiwhakamana are to be reminded in advance by prison staff, so that the prisoner has adequate time to prepare for the visit and to enhance their potential to benefit from the experience.

Managing feedback from Kaiwhakamana

Feedback that a Kaiwhakamana has regarding their visit to a prison is to be managed in a manner that the Kaiwhakamana is comfortable with.

• Feedback from a Kaiwhakamana is to be documented by the general manager custodial and, if necessary, the actions taken to resolve it.

Complaints about the treatment of Kaiwhakamana

A complaint that a Kaiwhakamana has regarding their treatment while visiting a prison is to be documented by the general manager custodial in terms of a description of the incident or issue, and the actions taken to resolve it.

• Where resolution at the general manager custodial level has not occurred within 14 days, the complaint is to be referred to the next senior prison manager, and must involve consultation with the Department’s Māori service staff.
• Where resolution at the next senior prison manager level has not occurred within 14 days, the complaint is to be referred to the Commissioner Custodial Services for investigation.
• The Department will advise a Kaiwhakamana if they consider the complaint is not able to be satisfactorily addressed by the Department, and the Kaiwhakamana may take their complaint to the Chief Ombudsman.

Dispute Resolution

Any dispute between a Kaiwhakamana and a Corrections staff member(s) must be dealt with under existing human resource (HR) process.

Authority to suspend, vary, or impose the conditions, or to revoke the registration of a Kaiwhakamana

The Commissioner Custodial Services may, under [Regulation 93 of the Corrections Regulations 2005]:

• suspend, vary, or impose conditions that apply to a Kaiwhakamana; or
• revoke the registration of a Kaiwhakamana; and must
• notify in writing the Kaiwhakamana and the general manager custodial of the action taken.

Role of Commissioner Custodial Services

• Manage requests for kaumātua to be registered as Kaiwhakamana, recommended by national Māori organisations such as the New Zealand Māori Council, the Māori Womens’ League, and Māori churches.
• Manage requests for kaumātua to be registered as Kaiwhakamana, recommended by iwi / urban Māori authorities and forwarded to National Office by general manager custodial.
• Manage security checks for kaumātua recommended to National Office to be registered as Kaiwhakamana.
• Notify a kaumātua in writing that their Kaiwhakamana registration will be finalised once their orientation has occurred and the National Register has been updated with the conditions and duration that apply.
• Provide for the issue a Kaiwhakamana photo identity card for Kaiwhakamana who request a card.
• Maintain an up-to-date list of all those registered as Kaiwhakamana (the National Register) for all prisons in New Zealand.
• Provide for the access and safe conduct of Kaiwhakamana in prisons in accordance with the spirit of these instructions.

General manager custodial responsibilities

General manager custodial are responsible for the administration of the Kaiwhakamana policy in accordance with the [Corrections Regulations 2005] and with POM [Incident response / reporting]. In particular, general manager custodial are to ensure that:

• Kaumātua recommended by iwi / urban Māori authorities to any prison within the rohe of that authority, are forwarded to the Commissioner Custodial Services to be registered as Kaiwhakamana for that prison and for all prisons in New Zealand.
• All Kaiwhakamana are afforded access to prisons to visit members of their iwi / hapū / whānau, at any time that can be managed with reasonable notice, as indicated in these instructions.
• All measures necessary are undertaken to ensure the safety and security of all persons and the prison during visits.
• All Kaiwhakamana are to be provided with orientation information and training on the rules and protocols for the prisons they intend to visit.
• Any complaint by a Kaiwhakamana is managed promptly.

General manager custodial responsible for safety and security

The general manager custodial is responsible for the safety and security of the prison and of all persons in it. Kaiwhakamana are requested to respect this responsibility and to obey any instructions given to them by general manager custodial and staff at all times. The general manager custodial has a statutory right to terminate / deny access to a Kaiwhakamana for failure to obey instructions.

Glossary

Translations of Māori words.