One of New Zealand’s most notorious old jails will soon lock its cells, possibly for the last time, after concerns around the strength of buildings and retaining walls in Napier were questioned.
The current leaseholder believes a full shutdown isn’t warranted and is disappointed that the prison’s government agency owners have made the decision.
The former prison is on Crown land administered by Toitū Te Whenua Land Information New Zealand (Linz).
It was built in 1862 on Napier’s Bluff Hill and decommissioned as a prison in 1993.
In 2002, couple Toro and Marion Waaka leased it, and over the years, it has served as a backpackers’ lodging, an escape room, and historical tourist attraction.
The backpackers stopped operating in 2009, but the prison tours have remained popular, and the site has won tourism awards and certifications.
“Linz owns the property. They notified me last week that they wouldn’t renew my lease,” Toro Waaka told Hawke’s Bay Today last Thursday.
He said the government agency cited safety concerns relating to a section of wall on the property, which had previously collapsed and was fenced up.
The first fences were raised after problems with structural integrity were discovered in 2022.
Matt Bradley, Linz project and hazard management delivery team manager, said at the time the former prison was one of about 900 properties managed and maintained by Linz and earmarked for future Treaty settlements.
He said an engineering assessment of the 23 walls on-site found further work was required on the retaining walls.
“Linz is currently assessing repair strategies. In the interim, fencing has been installed around the walls as a further precaution,” he said.
Bradley said an engineering assessment found the front fencing to be in poor condition but “very low risk to health and safety”.
Waaka said he believed it would still be feasible to operate parts of the prison tour successfully.
“The wall is only one part of it. At least two-thirds of the prison would not be impacted by any wall if it fell over, so why can’t the rest of the prison still be open? It’s not credible that they are using a potential collapse of a wall as a reason.”
Linz head of Crown property Sonya Wikitera said the prison building, which is heritage-listed, and the surrounding retaining wall presented an earthquake risk and needed strengthening work.
Wikitera said Linz gave notice to Toro Waaka on March 18 that the tourist business would need to vacate the site.
“The tenancy agreement ran on a month-to-month basis and reflected our need to undertake this work at some point,” Wikitera said.
“We need the tenant to vacate the site so we can undertake investigative works, it is difficult from a health and safety perspective for us to undertake these works while it is tenanted, and visitors tour the site. Once we have undertaken this work, we will have a clearer picture [of our] future plans for this site.”
She said Linz was working with Waaka to support the transition of moving out of the building.
“We are mindful this is a frustrating experience for the tenant, and we will work with them to co-ordinate their move as close to the 20-day notice period as possible.”
Waaka said his business survived both the Covid-19 pandemic and Cyclone Gabrielle.
“I’d love to keep the business open, but I don’t have the capability to challenge a government department,” Waaka said.
“I’m a fairly mature person and can control the emotional stuff but it’s a bit of a hard hitter.”
The site will close to customers on April 14, and the lease finishes on April 19, but Waaka said he would have liked an extra month to be able to wrap things up.
“We’ve got a lot out of it and made a whole heap of friends,” he said.
“After 22 years, you think [Linz] would give me a bit of leeway.”
Waaka said Napier MP Katie Nimon and Mayor Kirsten Wise had told him they wanted him to continue operating.
The prison is the oldest constituted prison in New Zealand. It has housed famous criminals such as “Mr Asia” Terry Clark and was also an immigration centre.
Heritage New Zealand Pouhere Taonga lists Napier Prison as a category one historic place, which means it has special or outstanding historical or cultural significance or value.
However, heritage status did not confer automatic protection.