The Department of Corrections says its decision to evict a veteran prison officer, who is in the midst of suing the agency for failing to keep her safe at work, is not a retaliation but a last resort.

Sharon Irwin was attacked by a prisoner who had escaped his cell, pushing her over and breaking her arm so badly it required surgery.

That was in October of 2020 and since then Irwin, who has been a prison officer for more than 30 years, suffered post-traumatic stress, anxiety and depression in connection with the assault and had to take an extended break before returning to work.

In the meantime, she’s been granted leave to take a private prosecution against Corrections for failing to keep her safe on the job after WorkSafe opted not to take any action.

That case is still before the district courts but Corrections this week took Irwin to the Tenancy Tribunal where it won an order to evict her from a property it owns and in which Irwin has lived for some 20 years.

Irwin’s lawyers claimed the move was adding insult to injury and was a blatant retaliation against her for taking the agency to court, while Corrections say the house was so messy they had no choice but to kick her out.

“Our argument is that she’s been unable to keep the place in a clean manner because of the injuries she sustained,” Irwin’s lawyer, Tim Leighton said at the tribunal hearing on Wednesday.

“Ms Irwin has been affected significantly physically and mentally because of the landlord’s conduct and the tribunal should take that into account.”

Leighton said he’d never seen a case where a defendant was attempting to evict the main prosecution witness in an impending trial.

He said Irwin had lived at the Corrections-owned Auckland Housing Village near Paremoremo Prison for nearly 20 years without incident and issues with cleanliness only arose because of injuries she sustained on the job.

‘It’s not sanitary’

By contrast, Corrections said they’d tried to work with Irwin for nearly a year after a failed rental inspection.

“Essentially we’ve reached a point where it’s not safe, it’s not sanitary and matters need to be brought to a head,” counsel for the agency Luke Sizer told the tribunal.

Sizer produced an inspection report from 2023 done by property manager Colliers which found the floor covered in debris and cat faeces, piles of rubbish, mould and some 20-30 cats living at the property.

It recommended a full forensic clean of the apartment, including replacing all wall linings, and estimated 10 skiploads of rubbish would need to be disposed of.

“The overall condition would be regarded as unsanitary and a risk to the health of the occupant, their pets and any visitors to the property,” the inspection report stated.

Sharon Irwin's arm was snapped in two places after she was pushed over by a prisoner in 2020.

Sizer rejected any allegation that Corrections was attempting to evict Irwin to put pressure on her in the context of her private prosecution against it.

“It cannot sensibly be suggested that Corrections is pursuing this for an improper purpose,” he said.

‘Everything just became too much’

Irwin told NZME today that she accepted the house was not in a clean state but her health had deteriorated significantly since she was assaulted at work.

“It’s been a huge source of shame and embarrassment and it’s taken a toll on me mentally,” she said.

“Everything just became too much.”

Irwin said she took about a year off work but went back before she was fully ready and depression, PTSD (post-traumatic stress disorder) and anxiety had affected her ability to both do her job and keep her house clean.

“Prior to the assault I never had any issues, I lived in that house for over 20 years,” she said.

Tribunal adjudicator Rex Woodhouse ruled in Corrections’ favour, finding the agency agreed and found Corrections had “gone well beyond what would be expected” in supporting Irwin.

“The landlord has expended significant sums of money on cleaners and skip bins, as well as supporting the tenant as best it could,” he said.

“The landlord here has gone far beyond what a landlord needs to do.”

Woodhouse said the property was a significant health risk and he did not accept Irwin’s claim that Corrections had ulterior motives in evicting her.

“Putting to one side that the tenant has not proven immoral or criminal conduct on the part of the landlord, it is plain to me that the state of the premises is such that no reasonable landlord would not intervene,” Woodhouse said.

“I have seen no evidence or sustainable argument that allowing the landlord’s claim would be an affront to the public conscience, and I cannot see how it could be argued that ordering termination would assist the landlord or any other landlord in engaging in illegal conduct.”

A Corrections spokesperson said the agency strongly rejected any claim that its case was a retaliation against Irwin and the tribunal’s decision supported that.

“We have a responsibility to ensure the safety and sanitation of our properties and the welfare of animals, and to respond to concerns from neighbours,” its statement reads.

“We appreciate this is difficult for everyone involved, and we remain committed to ensuring the staff member is well-supported.”

Corrections owns 97 residential properties originally built for staff working at Auckland Prison in the 1960s. These properties are available for members of the public to let as well as Corrections staff at the same rental rate.

Jeremy Wilkinson is an Open Justice reporter based in Manawatū covering courts and justice issues with an interest in tribunals. He has been a journalist for nearly a decade and has worked for NZME since 2022.