Unannounced youth facility visit sparks police investigation

Five reports of concern, an internal investigation and a police investigation are in the works following a visit by Mana Mokopuna to the Whakatakapokai youth justice residence in Auckland.

An unannounced visit to the nearby Korowai Manaaki youth justice residence has also flagged similar concerns.

Both inspections were undertaken in February and the reports only recently released. ?

The Whakatakapokai?report describes staff physically assaulting the residents, aged under 18, supplying them with contraband and engaging in ※inappropriate relationships§.?

※Mana Mokopuna Children and Young People’s Commission considers that treatment of mokopuna at Whakatakapokai Youth Justice residence contravenes the UN Convention on the Rights of the Child, specifically the rights of mokopuna to safety and the principle of the best interests of the child, contravenes the rights and protections of mokopuna Maori under Te Tiriti o Waitangi and meets the threshold for ill-treatment under OCPAT.§?

OCPAT - the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is a treaty that supplements the 1984 United Nations Convention Against Torture to which New Zealand is a signatory.

Mana Mokopuna - Children and Young People’s Commission has a team of inspectors who regularly visit places of detention in accordance with New Zealand’s requirements to comply with OCPAT.

The report said a culture of violence and bullying was intensifying throughout Whakatakapokai, perpetuated by inexperienced staff, a lack of meaningful programmes and an increased use of force and secure care. ?

Referrals to the facility were placed on hold following the visit and Oranga Tamariki said a ※reset§ has been undertaken. ?

Oranga Tamariki youth justice and care and protection residences national director Iain Chapman said for privacy reasons specific details around individual employment agreements could not be confirmed.

※What I can say is that appropriate steps have been taken to address the actions of staff involved.?This organisation has no tolerance for any staff that do not treat young people appropriately.§

He confirmed Whakatakapokai had since resumed operations with a limit of 10 young people at one time and ※ongoing close senior oversight§.

The report detailed staff purchasing vapes, fast food and jewellery to bribe the residents, and ※room visits§ from staff at night. ?

※This entails mokopuna being physically assaulted by kaimahi in their bedrooms at nighttime if they do not follow instructions. It is alleged on occasions mokopuna have been &thrown’ into their bedrooms and assaulted.§?

Staff told the monitor they felt ※set up to fail§ due to inadequate training and support. ?

※They said work becomes more about what you need to get through a shift, rather than what is best for mokopuna and their needs. Kaimahi said this was particularly difficult at the weekends when there are often no supervisors rostered, or if they are, they do not answer their phones.§?

The report found violence had intensified since the last visit. ?

※It had been reported a mokopuna had suffered a three-second seizure after being punched in the head twice by another mokopuna. ?

※Weapons are also being made by mokopuna which is a contributing factor to the increase in violence. Facility data reviewed by our OPCAT Monitoring Team detailed that over recent months, there had been a number of makeshift &shanks’ and weapons being made out of broken pieces of plastic from disposable vapes, metal found around the residence, or using everyday items such as a vacuum pipe to cause harm.§?

The facility itself was also described as ※dire§.?

※The units are filthy, carpets are stained, and food is engrained into the floor. One unit had wet scrunched-up toilet paper thrown on the walls and ceilings in the bathrooms, the toilets and basins are stained, floors were dirty, and there was a strong unpleasant smell. Graffiti is on the walls and windows throughout the units, and it appeared the units have not been cleaned for some time. Temperatures in bedrooms range from extremely hot or freezing cold.§??

In June last year Oranga Tamariki chief executive Chappie Te Kani announced an ※independent, external rapid review§ following serious allegations involving staff acting inappropriately in Youth Justice and Care and Protection residences.?

At the same time responsibility for all residences was handed over to former police commissioner Mike Bush while ※core issues§ were addressed.?

While the review was underway Oranga Tamariki set up an Incident Management Team to manage complaints and allegations. Twenty-eight of these have since been referred to police for investigation, and 22 staff dismissed. ?

The review, released in September, suggested significant changes to make youth justice residences safer for both young people and staff. ?

However, the situation appears to remain unchanged.

Alongside the disturbing findings from Whakatakapokai, similar incidents to what Newsroom reported on in 2021 are still happening inside Korowai Manaaki.?

The report describes staff behaviour as?※inappropriate and concerning§. ?

※This includes kaimahi allegedly bringing contraband into the residence, poking keys into the backs of mokopuna to move them along in physical spaces in the residence and allowing mokopuna to use their personal cell phones. Kaimahi were observed playfighting with mokopuna, swearing at them, and reminding them not to &snitch’ when talking to Mana Mokopuna during our visit.§?

Inappropriate sexual relationships were also described. ?

※Dangerous kaimahi practice observed included asking mokopuna for their social media account details and adding mokopuna to their social media contacts, not shutting down sexual advances from mokopuna.?

※Mokopuna who had been released from Korowai Manaaki were reported to be returning to the residence following their release to &visit’ kaimahi they had developed inappropriate relationships with.§?

Health and safety concerns were rife as well. ?

※Most days during the visit, mokopuna were observed playing video games or watching YouTube with sexualised and drug-related content.?

※There are concerns for mokopuna health and safety due to the amount of contraband available in the residence, in particular cannabis and vapes, and the frequency with which these are being used by mokopuna. As well as matches and lighters, mokopuna are making their own ignition devices that pose a personal safety and fire hazard risk.§?

Staff and children were both also reported to have been targeted for group assaults.

※Mana Mokopuna was told about instances of both mokopuna and kaimahi being targeted in group mokopuna assaults, where some kaimahi would give mokopuna the &green light’ to rush someone after escalating their concerns. Homemade weapons or &shanks’ are being made regularly and used when mokopuna assault each other or kaimahi.§?

Since the rapid review last year Korowai Manaaki has had four managers, which Mana Mokopuna said had resulted in a lack of stability for staff.

Oranga Tamariki, in its written response, said it was now working with Corrections on a memorandum of understanding for the use of drug dogs and handlers to facilitate searches at Korowai Manaaki and was considering better ways to search for contraband. ?

※We are considering what legislative change is required to provide enhanced search powers to staff in the secure residence environment. This could include the ability to search both kaimahi and visitors before they enter the residence.§?

Dickson said a programme called Make Safe Work had been approved in February, which would aim to improve the residences, but that changes under this programme were not scheduled to come in for another six to 12 months. ?