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Home / New Zealand

How prisoners smoking in Rotorua Courthouse cells caused evacuation, fire callout

Kelly Makiha
By Kelly Makiha
Multimedia Journalist·Rotorua Daily Post·
30 Oct, 2023 05:00 PM4 mins to read

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Firefighters walk into the Rotorua Courthouse after it was evacuated when smoking prisoners set off the smoke alarms. Photo / Andrew Warner

Firefighters walk into the Rotorua Courthouse after it was evacuated when smoking prisoners set off the smoke alarms. Photo / Andrew Warner

An incident where prisoners smoking in the Rotorua Courthouse cells set off the smoke alarms and forced everyone in the building to evacuate “should never have happened”, Corrections says.

The Rotorua Daily Post has learned none of the prisoners faced any disciplinary action because their personal involvement could not be quantified, despite CCTV capturing their actions.

The Rotorua Courthouse was evacuated on September 25 after the smoke alarms sounded.

Firefighters were called in to check the building before people were allowed back in and court cases resumed.

Judge Tony Snell, who was in the middle of an aggravated robbery sentencing when the alarms went off, later apologised to those in the courtroom for the disruption, saying it was caused by prisoners smoking in the court’s cells.

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The Daily Post asked the Ministry of Justice why the alarm sounded and if it was because of prisoners smoking. The ministry was also asked how prisoners were able to access items to smoke while in the cells.

The ministry did not specifically answer the questions and said it was looking into the incident.

After three more requests for the information over the next month – two to the ministry and one after being directed to ask the Department of Corrections – the department responded on October 25.

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The Rotorua Courthouse. Photo / Andrew Warner
The Rotorua Courthouse. Photo / Andrew Warner

Corrections central regional commissioner Terry Buffery said the prisoners involved had been on remand at Spring Hill Corrections Facility in Waikato and stayed at the Rotorua Police Hub before appearing in court. .

Buffery said Corrections used a variety of methods to stop people in custody having contraband because the safety and security ofsites and staff was a top priority.

“While the incident at the Rotorua Courthouse should never have happened, the reality is we deal with some of New Zealand’s most complex and dangerous individuals who go to extreme and elaborate lengths to obtain contraband.”

He said the prisoner escort van that transported prisoners to Rotorua was searched before it left Spring Hill.

The three men also were searched before entering the vehicle.

Buffery said transportation between the police hub and courthouse was the responsibility of police.

A search of the courthouse cell after the incident discovered batteries that might have been used for smoking of vaping equipment but no other contraband was found.

Buffery confirmed CCTV footage of the cell showed the prisoners smoking but it was not clear what the substance was.

Corrections officers advised, however, there was a distinct smell of tobacco following the incident.

Two of the three men involved were released from custody at the direction of the courts the day after the incident and internal misconduct charges were not laid against the third prisoner. Buffery said this was because of a lack of evidence around his personal involvement and what the substance was.

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A police spokesperson said prisoners were searched before they arrived at the police station and when returning from court.

“Remanded prisoners come into contact with a number of people when attending court, including counsel and visitors. People looking to get a hold of contraband go to great lengths to conceal items from both Corrections and police staff working at the courthouse.”

The new site for Rotorua's new courthouse is where the Grand Treasure Hotel stands. Photo / Andrew Warner
The new site for Rotorua's new courthouse is where the Grand Treasure Hotel stands. Photo / Andrew Warner

Lawyers advocating for the city to have a new or upgraded courthouse in 2018 described conditions in the Rotorua cells as “feral” and a disgrace.

Last month, the Ministry of Justice said the building was no longer fit for purpose and confirmed it had bought a site on Pukuatua St where Rotorua’s new courthouse would be built.

The new court would include the existing High Court, District Court and relevant tribunals. Its final design and build would take at least five years.


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Department of Corrections contraband prevention methods

  • Searches of vehicles and people entering prisons.
  • Using scanners and x-ray machines at entry points.
  • Prison perimeter security.
  • Camera surveillance in prison visit rooms, along perimeter fences and at entry points.
  • Requiring people in prison to wear closed overalls when in visiting areas to prevent contraband being hidden on them.
  • Checking prisoner mail and property for contraband.
  • Random and targeted monitoring of prisoner telephone calls.
  • Specialist detector dog teams that patrol prison perimeters, visitor areas and cells. They can detect drugs, mobile phones, tobacco and illicitly brewed alcohol.
  • Prohibiting visitors who attempt to bring contraband into prisons.

Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.

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