The first inspection of the country’s strictest prison unit – reserved for the most dangerous and complex prisoners – has found the regime is unnecessarily rigorous at times and long stints in social confinement have a “huge” impact on inmates. 

The Prisoners of Extreme Risk Unit (Peru) at Auckland Prison has been described as the “SAS of prisons”. It was set up in 2019 after the Christchurch terror attacks to house the terrorist responsible and was made permanent in 2023. 

The first inspection of the unit was conducted in July 2023 and found prisoners seldom left their cells and had little human contact, and that this could lead to profound and enduring physical and psychological effects. Other findings included: 

- Prisoners experienced “immense feelings of hopelessness” and struggle to see a way out of the unit due to confusing progression plans. 

- Mental health clinicians raised concerns about “dark, oppressive” environment. 

- Some prisoners talked to each other under their doors for years yet never see what the other person looks like. 

- The level of restraint used on prisoners with non-violent past was not proportionate to risk. 

- The unit’s “overly and unnecessarily restrictive” operational framework lead to prisoners spending long amounts of time in isolation with “few interventions to provide meaningful human contact and purposeful and constructive activities”. 

- Staff felt safe and morale was good – but the unit was under-staffed and staff were working overtime to fill shifts. 

The Department of Corrections said it has made a series of changes since the inspection, including hiring more staff and providing more staff training, providing more rehabilitative, constructive and cultural activities for prisoners, and establishing meetings where health professionals review and discuss a prisoner’s mental health. 

“We are committed to continuously improving how we operate the Peru while ensuring that the safety of our staff, the public and all prisoners remains paramount,” Corrections’ Commissioner Custodial Services Leigh Marsh said. 

“The frontline staff working in Peru manage significant risks to the safety of themselves, the public, and prisoners every day, and they do an exceptional job in extremely challenging circumstances.” 

Among other reasons, the unit houses inmates deemed capable of influencing other prisoners, including in violent extremism, as well as people who present an ongoing risk of serious violence or those connected to sophisticated organised criminal networks. 

A 98-page inspection report, released today, also indicated inmates could be placed at Peru if they were at risk of violence from others due to the nature of their offending. 

Morale of staff at Peru was good, according to the report. Photo / Greg Bowker 

At the time of the inspection, there were 13 prisoners, aged from early 20s to over 60, at the unit. The average length of time spent at the unit was 632 days. 

“In terms of the Peru’s role, purpose and alignment, we were told it was viewed by many on site as ‘the SAS of prisons’,” the report noted. 

Prisoners tended to only leave their rooms for specific activities, like appointments or making phone calls. Each cell had its own attached exercise yard to provide prisoners with their minimum entitlement to one hour of exercise in the fresh air. 

Prisoners also had a television, shower, bed, desk, chair, sink and toilet in their cell. 

“At the time of our inspection, none of the men were allowed to associate with each other. Prisoners we interviewed told us they sometimes communicated by shouting under their cell doors, though they found this difficult. 

“Moreover, they had never seen each other, despite, in some cases, having communicated this way for years. We observed the emotional impact on men when they shared their experience with us.” 

Mental health clinicians raised concerns over the length of time Peru prisoners spent alone in their cells, telling officials this would have a “huge” impact on inmates, who were “super anxious and hyper-vigilant”. 

“Clinicians spoke about seclusion and isolation significantly increasing a person’s risk of mental deterioration or self-harming behaviours. Clinicians also told us that mental health issues caused by isolation were a significant focus during therapy.” 

The prisoners ate their meals in the cells. Meals were delivered through the hatch in the door and for some, this was the only interaction they had with staff all day, the report noted. Officials felt the unit’s restrictive conditions were not conducive to mental wellbeing. 

Mental health clinicians had raised concerns about the unit environment, saying it was dark, felt oppressive and lacked sensory stimulation and access to sunlight. 

Meanwhile, prisoners also struggled to see a way out of the unit, partly due to “confusing” or non-existent progression or management plans, which outline behaviour goals for prisoners. Many men told officials they had to request their management plan under the Official Information Act if they wanted a copy. 

“Clinicians also spoke about the immense feelings of hopelessness the men expressed about the lack of progression, and that they could not see any way out. 

“Many of the men told us they did not understand what behaviour they had to demonstrate to progress through their plans and leave the unit because when they felt they had behaved in alignment with the behaviour goals there were no changes in how they were managed.” 

At the time of the inspection, staffing levels were at 60%, meaning most staff were working overtime, the report said. 

Corrections said it has since increased staffing levels to 73%. 

“While staff morale was generally good, several staff told us they were working a lot of overtime or double shifts, and this was causing fatigue. Senior management confirmed it was only the goodwill that was enabling them to fully staff the Peru for each shift.” 

Staff reported feeling safe while working at the unit with some describing it as the safest place they had ever worked because of the secure environment and the detailed processes for each prisoner movement. 

Minister of Corrections Mark Mitchell pictured attending the graduation of the prison programme earlier this year. Photo / Dean Purcell 

Corrections Minister Mark Mitchell said he expected the safety of the public and Corrections staff to be the top priority, and frontline Peru staff were doing “an outstanding job”. 

“Peru houses New Zealand’s most dangerous prisoners, and it is critical that they are safely and securely managed. 

“My understanding is that Corrections are taking the report’s findings to refine how the unit operates.” 

Victim’s advocate: ‘No one wants the revolving door of prison’ 

Victim’s advocate Ruth Money said a common desire among victims was that they never wanted anyone else to experience what they experienced. 

Effective prisoner rehabilitation was an important part to reducing reoffending once a person was released back into the community, she said. 

“No one wants the revolving door of a prison – unless these people get treatment that is appropriate to them, that’s what I am going to happen.” 

Lawyers call regime brutal, a ‘dead end’ 

Lawyers for some of the men in Peru described the regime as ”brutal” but acknowledged it would be hard for people to have sympathy for prisoners who were “constantly characterised as the worst men in our prison system”. 

“It is causing enormous psychological harm,” lawyer Emma Priest said. 

“There are few criteria for entry to the Peru and no clear exit. This means some of the men have been under the regime for years. Some of the men describe the Peru as a dead end.” 

Amanda Hill, another lawyer for some of the men in Peru, said international law prohibited more than 15 days of solitary confinement, defined as being confined for 22 hours a day without meaningful human contact. 

“These men have been in solitary confinement for an extreme period of time and easily meet that definition” 

Julia Gabel is a Wellington-based political reporter. She joined the Herald in 2020 and has most recently focused on data journalism.