Prisoners' rights in New Zealand

Prisoners’ rights in New Zealand

Introduction

At as 31 December 2014, there are 8080 male prisoners and 561 female prisoners being held across 17 prisons in New Zealand. The most populated prison in New Zealand is Mt Eden Corrections Facility, with 952 prisoners, closely followed by Rimutaka Prison with 942 prisoners.

In New Zealand, many of our human rights are embodied under various domestic legislation, including the New Zealand Bill of Rights Act 1990 ("NZBORA") and the Human Rights Act 1993 ("HRA"). For example, section 9 of NZBORA affirms that everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment.

New Zealand also has a number of international obligations, being party to a number of international treaties and covenants such as the United Nations Convention against Torture, Inhuman or Degrading Treatment or Punishment ("CAT") and the International Covenant on Civil and Political Rights (“ICCPR”). For example, Article 10 of the latter provides that all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

It follows then, that New Zealand prisoners are afforded a number of human rights. However, this is not always the case. Recent criticisms by a United Nations report clearly highlight a number of issues which constitute the ill-treatment of prisoners; such as remand prisoners being routinely held on lock-down for 19 hours per day; an increasingly strict prison regime, as well as the mixing of adult and youth prisoners.

History of prisoners' rights in New Zealand

The first New Zealand prisons were established in the 1840’s. Built across the country, they were flimsy, underfunded, under resourced and overcrowded. By 1878 there were 1054 prisoners contained within 30 small prisons throughout New Zealand (For example, New Plymouth Prison comprised of two cells and an outdoor yard).

The prison system was heavily criticised from early on. Despite these criticisms, and despite a royal commission of inquiry in 1868, there were no immediate changes. In 1880 a standardised prison system was introduced, under the watch of Arthur Hume, the first Inspector General of prisons. This system focused on being economical and acting as a reformative deterrent to prisoners. Conditions became harsher for those on the inside including rations being cut and communications between prisoners prohibited.

In 1909 (and coincidently, upon Captain Hume’s retirement), prison reform was sought. The Crimes Amendment Act 1910 saw teachers appointed to the prisons, allowed for small wages to be paid to prisoners, and allowed for prisoners to be released on probation.

From 1949 to 1960, Sam Barnett, the secretary of justice, was in charge of the prison system. Under Barnetts’ administration, extensive reforms took place. This included greater rations, improved education and library resources, appointment of prison phycologists and improved recreation and welfare services. Periodic detention was also introduced, which allowed for supervised community work. It was from the 1950’s however, that prison populations rapidly increased, in line with the increasing crime rate.

Maori imprisonment

Maori are well over-represented at all levels of the criminal justice system. Prison numbers are no different. Maori represented 3% of prisoners in 1840. In 1936 this had risen to 11% and in 2014 this had risen to 50.8%, despite Maori only making up 15% of the population.

Women imprisonment

Initially women were kept in the same prisons as men. It wasn’t until 1913 and after much protest, that the first women’s prison, at Addington, was established. Despite this, women were usually kept in separate areas to men, in other prisons. In 2014 women comprised 6.4% of the prison population.

External Links

• OHCHR Solomon Islands