The Defence Force was asked if it could run the Government’s military-style boot camps, but argued against the idea by raising numerous concerns.
While its argument kept it from running the boot camp pilot, the Government appears to be changing law which could make it easier for the Defence Force - and other organisations - to run boot camps in the future.
In letters to the defence minister, Defence Force leaders strongly warned against suggestions for it to run military-style boot camps for young offenders. They then seized the opportunity to raise concerns about the general state of the armed forces, repeatedly saying they were already operating in the context of a “workforce crisis”
Documents released to Stuff under the Official Information Act show widespread concern from defence personnel about the prospect of taking on responsibility for the military-style boot camps. They predicted it would harm morale and fuel attrition.
It was still being suggested, as late as May, that the Defence Force could become the lead agency for the boot camps - which are a key law and order policy from the coalition Government. Prime Minister Christopher Luxon and Defence Minister Judith Collins met at the end of May, according to one briefing note, and discussed whether the Defence Force should take a lead or “major role” in running the boot camps.
A pilot for the boot camps started in July, but no defence staff worked in the first boot camp.
Defence bosses made their “serious concerns” known to Collins and advisers at Oranga Tamariki.
Among a long list of possible concerns, the Defence Force argued that allocating resources to boot camps could risk their other jobs - including responding to civil defence emergencies.
FAST FACTS
- As late as May, ministers were discussing whether to have the Defence Force run new military-style boot camps for serious young offenders.
- The Defence Force argued strongly against running the boot camps, saying it was ill-equipped and already dealing with a “workforce crisis”.
- Defence bosses said ministers must concede that the Armed Forces may be unable to assist with Antarctic research and respond to emergencies if it was tasked with running boot camps.
Defence estimated that it would need to redeploy at least 40 personnel if it was to run a serious young offender boot camp. But the then Chief of Defence, Air Marshal Kevin Short, said he would not task defence personnel unless the Government changed legislation to give them a clear mandate to run youth detention facilities.
If the Defence Force was forced to play a “major role” in the boot camps, then Short and others made a series of warnings. These included:
- Its commitment to the Antarctic programme would be put at risk.
- Its readiness to respond to international and domestic disasters would be compromised.
- “Staff do not join the NZDF to work in the youth justice field,” Short said, and so attrition would increase while morale would suffer.
- He also warned of international repercussions. If the Defence was running youth detention, officials warned that would be viewed as “compulsory incorporation of minors into the Armed Forces”. That would breach international human rights obligations.
The Defence Force also argued why it was not well placed to lead such a programme. In May, ahead of Collins meeting with Luxon, it said ministers should be clearly aware of its the limitations.
If the Government was to direct the Defence Force to run boot camps, then it said Collins needed to be comfortable with:
- The fact it would not be able to set anything up by the July deadline.
- It would need significant funding boosts.
- It would need changes to legislation, which would have “constitutional ramifications”, giving defence staff the ability to detain a civilian population.
- It also said there would need to be “acceptance that the NZDF does not have many of the capabilities resident in Oranga Tamariki. For example, youth justice case management, educational, specialist therapeutics”.
The Defence Force’s warning that it did not have legislative protection or authority to manage youth detention facilities may have influenced a new bill which will bring new legal powers to specifically manage boot camps.
Earlier this month, it was revealed that the Government was planing to introduce a new bill that would give boot camp workers the power to use force to detain the young prisoners. This power could extend to third-party operators, according to a leaked document. Such a law change could assist Defence Force personnel if they were tasked with running boot camps.
The Defence Force does have some capability in running “boot camp” style programmes, but it only does so for volunteers. Alongside the Ministry of Social Development, it runs the Limited Service Volunteer (LSV) scheme - but defence leaders said they had been struggling to keep that going amid staff shortages.
Those staff were under extraordinary pressure, bosses said, as they worked with people facing increasingly complex young people.
“The mental and physical harm on our NZDF personnel has risen sharply,” an email between staff said, discussing whether the LSV scheme could form the basis of a new boot camp.
Between 2022 and 2023, “10 NZDF staff suffered serious mental harm including several cases of suicidal ideation” as a result of working in the LSV scheme.
It said the programme had started to help build confidence for young people in unemployment, but MSD had been referring people to the programme who had increasingly complex behavioural and mental health challenges.
The Defence ForceNZDF advisers said that if they were already facing major challenges coaching young people who had opted into a programme, then the risk of harm would be significantly greater working with teenagers serving custodial sentences.
