13 October 2020
C125653
Sophie Newton, Lavee Khammy, Olivia Bing
[FYI request #13537 email]
Tēnā koutou Sophie, Lavee and Olivia
Thank you for your email of 18 August 2020, requesting information about voluntary
and directed segregation of people in prison. Your request has been considered
under the Official Information Act 1982 (OIA).
You requested:
Under the Official Information Act, please go into detail about why prisoners
are segregated, both voluntary and direct segregation. In the Prison
Operations Manual M.07.01 Segregation directions, under section 58(1)(a),
prisoners may be segregated at the direction of the prison director if “In his /
her opinion, the security or good order of the prison would otherwise be
endangered or prejudiced.” However this is non-specific and section M.07.01
does not go into sufficient detail on the circumstances under which a prisoner
may be segregated, either voluntarily or under directed segregation. This
information is not available elsewhere online or in the POM. We are not asking
for personal information on any prisoner, but are asking for both specific
examples and common reasons for prisoners to be segregated. Please go into
detail into the conditions under which segregation is necessary.
Corrections is committed to the safe and humane management of people in prisons.
All prison facilities are operated in accordance with New Zealand legislation and
based on other agreements, such as the United Nations Standard Minimum Rules for
the Treatment of Prisoners. People in prison who are segregated are provided with
minimum entitlements as set out in the Corrections Act 2004. They also have regular
and ongoing contact with Corrections staff, including our health services staff and
mental health professionals as required.
As you are aware, in accordance with sections 58 to 60 of the Corrections Act 2004
(the Act), people in prison can be lawfully denied association with other prisoners if:
• their behaviour presents a risk to the security of the prison,
• the safety of others,
• the prison’s Health Centre Manager considers that it is necessary to
assess or ensure their mental or physical health, or
• the Prison Director feels it is the only reasonable way to keep the
prisoner safe from themselves.
2
The Corrections Act 2004 is publicly available on the New Zealand legislation
website here:
http://www.legislation.govt.nz/act/public/2004/0050/latest/DLM294849.html People in prison have the ability to request to be placed in voluntary segregation for
the purpose of protective custody if they fear for their own safety in accordance with
section 59 of the Act. People who are placed in voluntary segregation are
accommodated in units that house other people subject to voluntary segregation,
who they are able to associate with. Those on voluntary segregation can withdraw
from the units at any time.
Regarding directed segregation, section 58 of the Act, states that the prison manager
may direct that the opportunity of a prisoner to associate with other prisoners be
restricted or denied if, in the opinion of the manager:
(a) the security or good order of the prison would otherwise be endangered
or prejudiced; or
(b) the safety of another prisoner or another person would otherwise be
endangered.
Prison directors have a responsibility to ensure everyone is safe and the public are
protected. The option to place people on directed segregation is a preventative
measure to a known or potential risk. Being placed on directed segregation does not
serve as a punishment. Rather, it is to ensure the safety of themselves and others.
Violence can take many forms, and can include stand-overs, threats, emotional and
verbal abuse. Incidents of violence can happen suddenly and for no apparent reason
or be a continuous, prolonged campaign against an individual or group. This can be
against staff or other prisoners. Directed segregation is a management tool used
when appropriate to protect all people in prison from those who seek to do harm.
When making decisions on the segregation of people in custody, Prison Directors
consider a range of available factors, information and intelligence, and use their
professional judgement in reaching such decisions. We are unable to release further
detailed information about specific examples of people placed on directed or
voluntary segregation into the public domain as doing so could compromise the
safety of individuals in custody or the security of prisons. Therefore, the requested
information is withheld under section 6(c) of the OIA, as the making available of that
information would be likely to prejudice the maintenance of the law, including the
prevention, investigation, and detection of offences, and the right to a fair trial.
Should you wish to refine the scope of your request, we will endeavour to respond to
the best of our ability.
3
I trust the information provided is of assistance. Should you have any concerns with
this response, I would encourage you to raise these with Corrections. Alternatively,
you are advised of your right to also raise any concerns with the Office of the
Ombudsman. Contact details are: Office of the Ombudsman, PO Box 10152,
Wellington 6143.
Ngā mihi nui
Robert Jones
Manager Ministerial Services
People and Capability
