produced First, Do No Harm: segregation, restraint, and pepper spray use in women’s prisons
in Aotearoa New Zealand.153
128.
The report shines a light on harmful practices in women’s prisons in Aotearoa New Zealand.
Among the key findings was the high use of solitary confinement and other punitive practices
towards women.
129.
In 2019 women were segregated significantly (73%) more than men in Aotearoa New Zealand’s
prisons. While the majority of segregations were relatively short, there were 101 occasions in
2019 where women spent 15 days or longer in segregation, a period defined as ‘prolonged’ and
prohibited as a form of torture or cruel, inhuman or degrading treatment or punishment in the
UN Nelson Mandela Rules. Māori and Pacific women were disproportionately segregated in
Management and Separates Units used for control and punishment.154
130.
The Committee may wish to:
(a) Ask the Government to report on measures to reduce both the use and length or
seclusion and restraint; improvements to material conditions in seclusion; measures
taken to provide therapeutic conditions and alternatives to seclusion; and how it is
addressing inequities for Māori and Pacific women.
(b) Recommend that the Government:
i. Implements the recommendations of the Paradigm Shift and First, Do No Harm
report; and
ii. Works in partnership with Māori to adopt more humane and tikanga-based
initiatives instead of seclusion and restraint.
Zero seclusion project
131.
The Government’s Zero seclusion: Safety and dignity for all by 2020 project specifically focuses
on eliminating seclusion in Aotearoa New Zealand’s mental health facilities. The project aims
to contribute to the goal of zero seclusion by reducing seclusion rates in adult mental health
inpatient units (excluding forensics) in participating localities to 5 percent or below by
December 2023.155
132.
Recent figures show a national decrease in seclusion rates in inpatient mental health units,
including a substantial drop for Māori and Pacific peoples.156 Data shows a 12.6% decrease in
the use of seclusion in mental health facilities since the 2020 year.
133.
However, we note that between July 2020 and June 2021, 9.5% of people were still secluded
in adult mental health services and many were secluded more than once (on average 2.2
153
Dr Sharon Shalev, First, Do No Harm: segregation, restraint, and pepper spray use in women’s prisons in Aotearoa New
Zealand (2021) available at https://tikatangata.org.nz/our-work/first-do-no-harm-segregation-restraint-and-pepperspray-use-in-womens-prisons-in-new-zealand.
154 Ibid., at p. 10-11.
155 See, https://www.hqsc.govt.nz/our-work/mental-health-and-addiction-quality-improvement/projects/zero-seclusionsafety-and-dignity-for-all/ .
156 Health Quality and Safety Commission National decrease in seclusion – the numbers (1 July 2022) available at
https://www.health.govt.nz/publication/guidelines-reducing-and-eliminating-seclusion-and-restraint-under-mentalhealth-compulsory
32