Venkat Raman
Auckland, August 19, 2021
Complaints about managed isolation and quarantine (MIQ) facilities have surged in the past six weeks, Chief Ombudsman Peter Boshier has said.
He said that he has received unprecedented numbers of complaints about the MIQs, with many people complaining about the booking system.
“People have been complaining to me about border exemption decisions and MIQs since these were set up. Since mid-June, I have seen a new type of complaint emerge – people who are missing out on getting a space in a MIQ – and the number of upset people is increasing. In the past six weeks, I have received 67 complaints on this issue alone, with more being received daily,” he said.
MBIE Chief Executive apprised
Stating that he has thus far received more than 700 complaints, Mr Boshier said that the high number of complaints indicate a growing frustration with the MIQ booking system.
“I am keen to get to the bottom of this,” he said and added that he has had a meeting with Ministry of Business, Innovation and Employment (MBIE) Chief Executive Carolyn Tremain to alert her to the complaints he has been receiving and to seek further information.
“I want to make sure those returning to New Zealand are being treated fairly. I am now considering my options, including whether to do a broader independent review of the issue.
In the meantime, my consideration of individual complaints will continue,” he said.
New advice on how the Ombudsman can assist people wanting to complain about a MIQ is available on his website.
Inspection of facilities
Mr Boshier is also conducting independent inspections of MIQ facilities under the United Nations Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).
“I established this inspection programme to provide the public and Parliament assurance that the basic human rights of people isolated for health reasons are being respected.”
Releasing a thematic report covering his first inspection visits to facilities in Auckland and Rotorua, Mr Boshier said that it summarises his observations during the early days of MIQs.
“They were being set up quickly. Throughout the Covid-19 crisis, managers and staff have needed to continuously adapt to a fast-changing Covid environment. MBIE has accepted all 27 recommendations made to the six facilities, noting the value of the inspections to support ongoing improvements.
Mr Boshier said that he was happy to know that the recommendations have either been implemented or that work is underway.
Concern over staff rotation
He however expressed concern about the impact of frequently rotating staff on the management of the facilities.
“I want to be assured returnees get consistent care and that they will not get this if facility managers are changing every six weeks. Staff have told my inspectors that some children and young people were presenting with complex medical and psychosocial needs and that they were ill-equipped to deal with the problems,” he said.
Mr Boshier has asked MBIE to keep him informed about the care of unaccompanied minors.
“I will continue to monitor these facilities and follow up inspections to make sure that changes are implemented,” he said.
Background information
New Zealand ratified the United Nations Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in 2007. The Protocol requires States to establish independent National Preventive Mechanisms (NPMs) to regularly inspect places of detention and report on the treatment and conditions of those held within them.
The Chief Ombudsman was originally designated as a National Preventive Mechanism under OPCAT in 2009 which means that he monitors places of detention designated to him, such as health and disability facilities including MIQs, to prevent torture and other cruel, inhuman or degrading treatment or punishment.
He can recommend practical improvements to address any risks, poor practices, or systemic problems that could result in a service-user being treated badly. Follow-up inspections are conducted to look for progress in implementing previous recommendations. Reports are written on what is observed at the time of inspection.
Inspection Programme
Mr Boshier set up his OPCAT MIQ inspection programme last year and inspections started in October 2020. He intends to continue undertaking these inspections in future. This is his first published thematic MIQ report. The Chief Ombudsman has chosen to publish this MIQ thematic report as a summary of the observations and recommendations made in his first six individual MIQ facility reports, rather than publishing each of the facility reports.
The Chief Ombudsman also considers complaints from people about how they have been treated by government agencies, under the Ombudsmen Act 1975.
