The war on drugs - Department of Corrections:

Here is the decision regarding the matter of the Department of Corrections and their medical treatment and record keeping, which is a damning indictment on the care of prisoners in this country, and the outrageous incompetence of prison staff regarding this man's medication and treatment and the standard of information recording, which was described by an expert witness as demonstrating "a level of incompetence to a standard that is professionally embarrassing", and not only did it fall below acceptable standards, but that "the nursing care in relation to safe medical administration was a severe departure from the expected standards."  That's putting it mildly.

The decision can also be read at this link in a clearer format than the embedded file below.

Paragraph 17 states that prison custodial staff are permitted to issue prisoners with over the counter (OTC) medication such as Ibuprofen and Paracetamol, but paragraph 18 states "At Auckland Prison custodial staff are reluctant to administer (OTC) medication."  No explanation is offered for this statement, but it has been established that this is based on prison policy, a policy amounting to breach of human rights, and torture.

Under the heading "Documentation", paragraphs 21 to 23 list the requirements for recording information regarding the administration of medication to prisoners.  These requirements are clear, explicit and extensive.

Paragraphs 24 and 25 show that these requirements were apparently ignored:

From paragraph 26 onwards this report from the Human Rights Review Tribunal is harrowing reading.  The level of carelessness regarding the administration and recording of the medication prescribed for "Mr E" is truly shocking.  The Department of Corrections has a duty of care to prisoners, the 'care' afforded "Mr E" and other prisoners is completely and utterly unacceptable.

Roger Brooking is one of the few people documenting this, raising awareness of it and calling for change - this affects everyone.  His website documents a litany of similar damning information and provides a particularly thorough investigation of other cases of similar treatment.

Prisoners are released every day after they've been "corrected" by the Department of Corrections, they return to our communities and live among us, their children go to school and play with ours.  The Department of Corrections has a duty of care, and a duty to correct.  Treating people like this doesn't foster empathy, and no doubt contributes to the unacceptably high child abuse statistics in 'New Zealand'.  It's callous, negligent, careless, and it demonstrates very well just how badly our prisons are being run, and it also indicates that the system is broken - the fact that Mr E had to go to the Human Rights Review Tribunal indicates that he first had to jump through hoops at the Privacy Commission and/or the Health and Disability Commission, Human Rights Commission, etc.  Lucky he had a lawyer - the vast majority of people in his position don't, Criminal Bar Association v Attorney General makes it perfectly clear that lawyers avoid doing work for legally-aided clients or the poor.

The decision regarding Mr E, the Department of Corrections and their medical treatment and record keeping is a damning indictment on the Department, and the standard of governance in general.

The outrageous incompetence of prison staff regarding this man's medication and treatment and the standard of information recording was described by an expert witness, at paragraph 28, as demonstrating "a level of incompetence to a standard that is professionally embarrassing", and not only did it fall below acceptable standards, but that "the nursing care in relation to safe medical administration was a severe departure from the expected standards."




Read more at Roger Brooking's Brookingblog.

Transcript of Human Rights Review Tribunal hearing on 3 August 2016, Office of Human Rights Proceedings:

Dear Ms Raue

Thank you for your email message and attached letter received today.

As discussed with you in our telephone conversation on Wednesday 17 August, the Commission recently undertook an electronic migration to the ‘cloud’. 

Regrettably, during that process our OHRP mailbox went offline for two weeks due to matters completely beyond our control.  The contractors have still not been able to restore emails sent to our OHRP mailbox during that time.  Consequently we have not been able to access the Application for Legal Representation which you indicated you sent by email to the OHRP mailbox on Friday 12 August.  However, as the mailbox is now working again it would be appreciated if you would re-send the application to ohrp@ohrp.org.nz.

We very much apologise for this considerable inconvenience.

Thank you.
Pam Rowe

The link to the transcript of the first part of the hearing held in the Human Rights Review Tribunal on 3 August 2016 is at this link, click to view.

The transcript of the second part of the hearing is at this link.

Readers will note that an adjournment was granted for the purposes of Mr Mihaka making application to the Office of Human Rights Proceedings for representation in the proceedings before the Human Rights Review Tribunal.

Mr Mihaka's Maori Agent emailed the application form as instructed promptly, however the response from the Office of Human Rights Proceedings was less than inspiring, and is copied below, apparently, since they 'moved to the cloud' they've been - and still are - unable to access ten days worth of emails, which is a very unfortunate state of affairs, but par for the course as far as government agencies information sharing policies and procedures, such as the information sharing between Housing NZ Corporation and NZ Police:

 26 August 2016:

Tena koutou katoa

Attached is the letter referred to in our application for assistance and supporting correspondence regarding Mr Mihaka's medical appointment in support of his application for an adjournment because the nominated dates are unsuitable as he cannot reschedule his appointment and the stress of having a two day hearing condensed into one day, starting earlier is not conducive to Mr Mihaka's health or the concept of fair justice.  Housing NZ Corporation was granted an adjournment when their witness requested one on medical grounds and it is only fair that Mr Mihaka is treated in the same manner - HNZC were not simply told to attend on the other day and we'd squeeze it in, and it is not fair on Mr Mihaka, whose health was already compromised by Police who are also a party to these proceedings, a letter from Mr Mihaka's doctor regarding that recent incident, which is relevant to this matter, contains the following statement:
    "This gentleman is seventy four years old and had a number of medical problems.
    I am unclear of the recent circumstances surrounding the night he spent on a road in his car near National Park village, but regard it as inappropriate that any person of seventy four years old should, of necessity, sleep in a car on that stretch of road at that time of year."
Nga mihi
Katherine Raue
Maori Agent for Te Ringa Mangu Mihaka

. ~~~~~~~~~~~~~~~~~~

 "Dear Ms Raue

Thank you for your email message and attached letter received today.

As discussed with you in our telephone conversation on Wednesday 17 August, the Commission recently undertook an electronic migration to the ‘cloud’. Regrettably, during that process our OHRP mailbox went offline for two weeks due to matters completely beyond our control. The contractors have still not been able to restore emails sent to our OHRP mailbox during that time. Consequently we have not been able to access the Application for Legal Representation which you indicated you sent by email to the OHRP mailbox on Friday 12 August. However, as the mailbox is now working again it would be appreciated if you would re-send the application to ohrp@ohrp.org.nz.

We very much apologise for this considerable inconvenience.

Thank you.

Pam Rowe
Registered Legal Executive/EA to the Director
Office of Human Rights Proceedings
PO Box 6751
Wellesley Street
AUCKLAND"

The application was mailed through NZ Post immediately we became aware of the inability of the Office of Human Rights Proceedings to access their emails, there has been no response to date, or any acknowledgement of receipt of the application.

The following email was sent to the Human Rights Review Tribunal and Meredith Connell (Housing NZ Corporation's taxpayer funded legal team) today:

Tena koutou katoa,

Regarding the transcript of the Tenancy Tribunal hearing on 24 September 2014 before Adjudicator Janet Robertshawe.  On page 9 of the transcript of proceedings the Adjudicator questions Meredith Connell representative, saying "there's a feeling . . . that there's been something unjustified about that decision [to evict Mr Mihaka], . . . Are you aware of that?"

Ms Smith responded "I am, the 90-day notice was issued prior to us breaching the tenant for the alleged assault."  This would appear to be blatantly untrue and Ms Smith should have been well aware that it was untrue.

This untruth certainly influenced the Tribunal, and it is a serious matter to which we would appreciate an immediate response.

Secondly, the information provided by HNZC contains an email exchange involving Karaka Tuhakaraina of Housing NZ Corporation, in which Karaka Tuhakaraina claims that "Mr Mihaka has assaulted another resident, admits it and continues to antagonise others."

This is outrageous - Mr Mihaka has NEVER admitted assaulting another resident - the 'other resident', presumably Mr Dickie - has admitted assaulting Mr Mihaka - several times!  There is NO information to suggest that Mr Mihaka"continues to antagonise others" whatsoever!  In fact here is no evidence that there were any complaints against Mr Mihaka from any resident other than Mr Dickie!

Thirdly, NZ Police have now confirmed in writing that they hold no information such as that allegedly told to Housing NZ Corporation staff regarding Mr Mihaka's alleged drug use, etc, we have provided a copy of the letter from Police saying so and we insist that either Housing NZ reveal the identity of the Police office who allegedly told staff that, or correct the information in the face of the EVIDENCE provided by NZ Police!

We insist that this information is corrected immediately, and an explanation provided regarding the statements of Ms Smith - evidence shows that Housing New Zealand Corporation wrote to Mr Mihaka informing him of the breach WELL PRIOR to the issuing of the 90 day notice!

Fourtlhy, regarding the claim that Mr Mihaka's previous lawyer agreed to this matter being heard under urgency - Mr Mihaka states that he most certainly never agreed to any such thing, the need to evict him was certainly NOT urgent - Mr Dickie was relocated thereby ending the problem created by his unwanted and uninvited touching of Mr Mihaka!  We strongly oppose the decision to limit the hearing to one day starting earlier instead of a two day hearing as originally set down - Housing NZ Corporation was granted an adjournment to another 2 day hearing on their application regarding a medical appointment for their witness and we insist on equal treatment!

Furthermore, we received advice from the Office of Human Rights Proceedings that they have "recently moved to the cloud" or something and as a result of this they are still unable to access their emails for a certain period of time, including the email we sent.  This is not Mr Mihaka's fault!  We mailed the application as well as emailed it, but have to date received no response - this also is NOT Mr Mihaka's fault!  We request an adjournment pending the Office of Human Rights Proceedings finding a way to access their emails, as well as Mr Mihaka's medical appointment - his doctors have expressed disquiet regarding the proximity of the dates of the hearing and Mr Mihaka's medical procedure and this rush is unnecessary, unseemly and totally unwarranted!

Nga mihi
Katherine Raue
Maori Agent for Te Ringa Mangu Mihaka