The Government has approved $1.35 million be paid to prisoners and staff at Waikeria Prison who lost belongings after a fire broke out during protests and riots over New Year.<\/p>\n
Cabinet papers released today reveal Corrections Minister Kelvin Davis seeking approval for the ex-gratia payments, including up to $1.3m for the more than 800 prisoners who lost possessions and up to $50,000 for up to 190 staff.<\/p>\n
None of the 17 prisoners who have been charged in relation to the riot would receive any payment.<\/p>\n
Payments totalling about $21,000 had already been paid, including about $100 to 193 prisoners who had to be evacuated from the top jail, many of whom were relocated to other prison sites.<\/p>\n
From 686 of the 844 prisoners, 17,622 items had been identified to have been destroyed, at an estimated value of $700,000. It was likely to be “substantially more” after the final count.<\/p>\n
These were all items that people had on them when they arrived at Waikeria Prison.<\/p>\n
“The more commonly stored items included cell phones, wallets, identification, jewellery, clothing and accessories,” the paper said.<\/p>\n
“There are also items of sentimental emotional, spiritual, cultural or religious value, such as taonga, that are inherently difficult to value.”<\/p>\n
So far 24 staff had made claims for property that was stored in the top jail. These claims total about $19,000.<\/p>\n
The paper states Corrections has no legal obligation to compensate prisoners and staff for their loss. It did not cause the loss of prisoner or staff personal property.<\/p>\n
Therefore compensation was inappropriate. However, Corrections could still make an ex gratia payment to prisoners and staff.<\/p>\n
“Government departments are authorised to make ex gratia payments, which are made out of goodwill or a sense of moral obligation, rather than being required by law.”<\/p>\n
In the paper, Davis said making an ex gratia payment would align with the strategy H\u014dkai Rangi and “support oranga and wellbeing”.<\/p>\n
It would lessen impacts of the property loss, and align with international guidance around the property of prisoners.”<\/p>\n
“This is a unique situation and the prisoners who lost property, irrespective of the criminal offending that may have brought them into the corrections system, are not at fault in this situation.<\/p>\n
“They played no part in the riot and were compliant throughout it. They have suffered loss simply because they had property in storage at Waikeria Prison.”<\/p>\n
The payments were approved at a Cabinet meeting on May 17.<\/p>\n
Act Leader David Seymour said the payments were “making criminals the priority in our justice system”.<\/p>\n
“This is the consequence-free culture under the Ardern Government. The wrong people are getting the aroha.”<\/p>\n