Court Orders Corrections Chief to Ensure Daily Exercise for Prisoners

A New Zealand High Court has mandated that the Department of Corrections must comply with laws ensuring that prisoners receive at least one hour of exercise daily. This ruling directly holds Jeremy Lightfoot, the chief executive of Corrections, accountable for any failure to implement this requirement. Justice Jason McHerron issued the directive after discovering that some inmates at Auckland Prison, the nation’s only maximum-security facility, were denied this essential entitlement.

Under New Zealand law, prisoners are guaranteed a minimum of one hour outside their cells each day for physical exercise, a right also supported by United Nations standards. In his ruling released this week, Justice McHerron emphasized the critical nature of this requirement, noting the negative impacts of neglecting it.

Human rights lawyer Amanda Hill, who represented affected inmates, highlighted the importance of outdoor time for mental and physical health. “Moving your limbs, getting your heart rate up, and interacting with others are vital for functioning,” she stated. Hill pointed out the dangers of prolonged isolation, which can lead to serious health issues such as paranoia, aggression, and depression.

One former inmate, who requested anonymity, shared his experience of being locked down for 23 hours a day. “We look forward to that hour every day,” he said. “For some, that hour is not guaranteed, and when it’s denied, it can escalate into violence and frustration.” He expressed that the limited time allotted for exercise often gets consumed by training, leaving little opportunity for personal interactions.

This ruling marks a significant escalation in accountability, with potential consequences for Lightfoot that could include fines or even imprisonment if he fails to comply. Hill remarked on the unusual nature of having a chief executive from a major government department facing such legal repercussions.

Over the past decade, related issues have surfaced repeatedly through various forums, including reports from the Ombudsman and prison inspectors. Despite these warnings, the Department of Corrections has often cited staff shortages and lack of resources as reasons for failing to meet exercise requirements. Justice McHerron rejected these arguments in his judgement, emphasizing that they cannot justify denying inmates their legal rights.

Leigh Marsh, the Commissioner of Custodial Services, stated that the department is actively working to comply with the court’s order. “We are increasing our staff numbers to ensure that we can safely unlock cells simultaneously,” he said. Marsh indicated that ensuring the safety of both staff and inmates is a priority while navigating the complexities of prison dynamics, including rising gang activity and instances of violence.

Former Chief Ombudsman Peter Boshier expressed that the court’s ruling was a significant step beyond what he could have achieved in his previous role. He noted that while the Ombudsman can make recommendations, there is limited power to enforce compliance. This ruling introduces a level of accountability that could result in serious consequences for non-compliance.

As this situation unfolds, a group of 69 prisoners has filed a broad claim against the Attorney General concerning Corrections. The case is scheduled to go to trial in 2027, indicating that the struggle for prisoners’ rights in New Zealand is far from over. The outcome of these legal proceedings may further shape the landscape of prisoner welfare and rights in the country.