Prisoners in New Zealand are afforded numerous, but not all, human rights. Criticisms by a United Nations report in 2014 highlighted various issues that constitute ill-treatment of prisoners, such as remand prisoners being routinely held on lock-down for 19 hours per day, an increasingly strict prison regime, and the mixing of adult and youth prisoners.Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to New Zealand (2015).
New Zealand has international obligations, being party to 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.International Covenant on Civil and Political Rights (opened for signature 16 December 1966, entered into force 23 March 1976), art 10.1. Many 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 Bill of Rights Act 1990, s 9.
New Zealand prison demographics
In 2017, the New Zealand prison population exceeded 10,000 persons for the first time. As at March 2017, there are 9,333 male prisoners and 702 female prisoners being held across 18 prisons in New Zealand. The most populated prison in New Zealand is Mt Eden Corrections Facility (MECF), with 1,032 prisoners, closely followed by Rimutaka Prison with 1,007 prisoners. . Department of Corrections. One New Zealand prison, Auckland South Corrections Facility (ASCF) was operated by Serco under a Public Private Partnership with the Department of Corrections.
Female imprisonment Women make up only a small proportion of the total New Zealand prison population. In 1940 the figure was 3%; in 2014 it was 6.4%; and in 2017 7% of prisoners were women."Prison facts and statistics. "Department of Corrections. Accessed May 20, 2018. http://www.corrections.govt.nz/resources/research_and_statistics/quarterly_prison_statistics/prison_stats_march_2017.html Initially women were held in the same prisons as men. It was not until 1913, and after much protest, that the first women's prison was established, at Addington. By 2018, New Zealand had established three female prisons: Auckland Women's Correction Facility, Arohata, and Christchurch Women's Corrections Facility.
Male imprisonment Men are regularly given longer sentences than women for the same crimes, consequently enhancing the statistics for male prisoners. By 2018, New Zealand established 15 male prisons which are scattered around the North and South Island. Female prisoners have often been held in male prisons due to the overflowing prison population. Since the 1940s, prison capacities have grown rapidly, especially between 1995 and 2007, during which the number of incarcerated persons increased by 70%. The population continues to rapidly grow and reached the highest numbers in 2015 and 2016, ultimately peaking New Zealand's in 2017.Department of Corrections. "Increasing prison population." Accessed May 16, 2018. http://www.corrections.govt.nz/resources/strategic_reports/annual-reports/annual_report_/increasing_prison_population.html
Maori imprisonment Māori are well over-represented at all levels of the criminal justice system. Prison statistics are no different. In 1840 Māori represented 3% of prisoners. In 2014 this had risen to 50.8%, despite Māori only making up 15% of the population.
History The first New Zealand prisons originated in the 1840s; they reflected English influence and practice. By 1878 the Colony had 30 small prisons. They were flimsy, underfunded and under-resourced. For example, New Plymouth Prison comprised two cells and a small outdoor yard.
From early on, the prison system was heavily criticized for the day-to-day conditions prisoners endured - such as damp, cramped cells and long hours of isolation. A Royal Commission of Inquiry in 1868 failed to precipitate any changes. In 1880 a standardized prison system was introduced under the watch of Arthur Hume, the first Inspector General of Prisons.Crawford, J.A.B. (30 October 2012). "Hume, Arthur". Dictionary of New Zealand Biography. Te Ara - the Encyclopedia of New Zealand. This new system focused on economical administration and acting as a reformative deterrent to crime. Conditions became harsher for those on the inside, including rations being cut and communications between prisoners prohibited.
In 1909 (and coincidentally, 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 the release of prisoners on probation.Crimes Amendment Act 1910.
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 psychologists and improved recreation- and welfare-services. Periodic detention was also introduced, which allowed for supervised community work.
From the 1950s prison populations (known in New Zealand as the "prison muster") rapidly increased, in line with the increasing crime-rate.
the Corrections Act 2004 provides the legislative framework for the administration of the prison systemCorrections Act 2004, s 5. by the Department of Corrections. Today there is a wider range of sentences available, including (but not limited to) community work, supervision, community detention, home detention and imprisonment.Sentencing Amendment Act 2007 (2007 No 27), S 10A.
Controversial rights The rights of prisoners invoke differing views. Below are some rights that have caused controversy in recent times, namely the right to vote, preventive detention and prisoners with mental health issues.
Right to vote
New Zealand has long enjoyed the status of being a world leader when it comes to voting rights. On 19 September 1893, New Zealand became the first country to allow women the right to vote.Electoral Act 1983. This can be largely accredited to the advocating efforts of Kate Sheppard. Today, the right to vote is expressly provided for in domestic legislation; both in section 12 of the New Zealand Bill of Rights Act 1990 and section 74 of the Electoral Act 1993 and international treaties New Zealand is party to, including the International Covenant on Civil and Political Rights.
Despite this, prisoners serving a term of three years or more, life imprisonment, or preventive detention are barred from electoral registration, and therefore from casting their electoral vote.Electoral (Disqualification of Sentenced Prisoners) Act 2010, s 80(1)(d). At present, this equates to roughly 2550 prisoners.
Taking away the right to vote originated from early Roman times when those arrested were declared “civilly dead”.Greg Robins "The Rights of Prisoners to Vote: A review of Prisoner Disenfranchisement in New Zealand" (Law Clerk, Wellington, 2007)Revised version of paper written in 2005 for LLB(Hons) program at Victoria University of Wellington In the last century the rights of prisoners to vote has swung back and forth. In 1852 all prisoners were barred from voting.New Zealand Constitution Act 1852 (UK). In 1975 we saw a complete turnaround and all prisoners were again allowed the right to vote.Electoral Amendment Act 1975. In 2010, the Fifth National Government passed the Electoral (Disqualification of Sentenced Prisoners) Act 2010, which stripped all prisoners of the right to vote while serving their sentences.
Those advocating for the ban argue that punishment for prisoners should include the loss of some rights to reflect the seriousness of the crime.Royal Commission on the Electoral System. Report of the Royal Commission on the Electoral System: Towards a Better Democracy (Government Printer, Wellington, 1986) para 9.21 and recommendation 42. In addition, there are also a number of practical difficulties. For example, if prisoners were allowed to vote this would disproportionately affect an electorate. At the time of the enactment, the then Solicitor General John McGrath QC also argued that a partial ban is more justifiable than a complete blanket ban.J J McGrath QC, Solicitor-General, to W A Moore the Secretary for Justice "Rights of Prisoners to Vote: Bill of Rights" (17 November 1992) Letter, para 25.
On the other hand, the barring is controversial because it denies fundamental civil liberties to persons who have already been punished for their crimes. Furthermore, the abolition of such a right stands in stark contrast to the world trend of widening civil liberties of prisoners, with the exception of Australia who has recently introduced a blanket ban on prisoner's right to vote.Greg Robins "The Rights of Prisoners to Vote: A review of Prisoner Disenfranchisement in New Zealand" (Law Clerk, Wellington, 2007) Revised version of paper written in 2005 for LLB(Hons) program at Victoria University of Wellington This denial also sets a dangerous precedent for the removal of other human rights for prisoners,Arthur Taylor "No prisoner voting rights a dangerous precedent" The New Zealand Herald (New Zealand, 27 January 2015) online ed. and also contributes to inequality of all persons.General Assembly's Universal Declaration of Human Rights 1948 (UDHR)
In the 2015 decision of Taylor v Attorney-General,Taylor v Attorney-General NZHC 1706, the High Court made a formal declaration that a statute that prohibited prisoners from voting is inconsistent with the New Zealand Bill of Rights Act 1990. The decision was later upheld by the Court of Appeal.Attorney-General v Taylor NZCA 215. The judge declared that the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010, which stripped all voting rights in general elections from prisoners, was an unjustified limitation on the right to vote contained in s 12 of the Bill of Rights and unable to be justified under that Act.Taylor v Attorney-General NZHC 1706, at A formal declaration of inconsistency was issued as a result of the case.Taylor v Attorney-General NZHC 1706, at . This was the first time a court had recognised that a formal declaration of inconsistency is an available remedy for statutory breaches of the Bill of Rights.
On 23 November 2019, the Minister of Justice Andrew Little announced that the Sixth Labour Government would be amending the Electoral Amendment Bill to allow prisoners who had been sentenced to less than three years in prison to vote in time for the 2020 New Zealand general election; reversing the previous National Government's decision to ban all prisoners from voting. While Little's announcement was welcomed by Green MP Golriz Ghahraman and prisoner advocates, National Party leader Simon Bridges criticised the Government for being "soft on crime" and vowed that a National Government would reverse any such law change.
On 30 April 2025, The Sixth National Government of New Zealand Justice Minister Paul Goldsmith announced that the Government would introduce legislation to reinstate a blanket ban on prisoners voting, describing it as a reversal of the previous Labour Government's "soft on crime" policy.
Preventive detention