1 Introduction: the use of
segregation, forms of restraint and
pepper spray in women’s prisons
1.1
Background
This report sets out to shed light on the treatment of women1 in prison by
examining the detail and chronology of events and practices in the segregated
areas of New Zealand’s three women’s prisons. The report has its origin in
findings made in Time for a Paradigm Shift: a follow up review of seclusion and
restraint practices in New Zealand (Human Rights Commission, 2020), and
concern about the apparent high use of segregation (solitary confinement) and
force against women, in particular Mäori women.
The report focuses on three key areas: segregation (solitary confinement),2
use of force (including the use of pepper spray), and self-harm. It is based on
statistical data and file notes provided to me by the New Zealand Department
of Corrections (‘Corrections’),3 and on observations and interviews during a visit
to Auckland Regional Women’s Correctional Facility (‘ARWCF’) in July 2020,
supplemented by reports and findings of other bodies regarding women in New
Zealand’s prisons.
The report highlights practices in these hidden corners of women’s prisons and
assesses how they measure up to the aspirations expressed in government policy
documents and declarations, and in international standards. By focusing on the
detail of practices in these areas and discussing their compatibility with bigpiece statements, this report seeks to help facilitate a transition in attitudes and
practices on the ground.
12
1
The term ‘women’ is used in this report to encompass people of all genders, sexes and sexualities who are
incarcerated in women’s prisons.
2
The terms ‘segregation’ and ‘solitary confinement’ are used interchangeably in this report to “refer to the
confinement of prisoners for 22 hours or more a day without meaningful human contact. Prolonged solitary
confinement shall refer to solitary confinement for a time period in excess of 15 consecutive days.” (UN
Nelson Mandela Rule 44)
3
The information I was provided with included statistical data for 2019 for some of the following: Directed
Segregations; Length of segregation; Assaults and incidents; Use of Restraints; Pepper spray (drawing and
deployment); Misconduct hearings; Complaints; Self-harm incidents. I was also provided with detailed
incident reports (for a period of 6 months) debrief reports, notes from MDT meetings, and Management Plans.