These laws apply to people detained in all types of detention facilities. Other
legislation applies more specifically to particular types of detention environments
and facilities, and to practices within them, including the segregation and
seclusion practices and the use of restraints.
Prisons
The Corrections Act 2004 establishes New Zealand’s corrections system, and is
administered by the Department of Corrections.
The Corrections Act uses the term ‘segregation’, and defines it as an event
where “[t]he opportunity of a prisoner to associate with other prisoners may be
restricted or denied in accordance with sections 58 to 60” (Corrections Act s 57).
The Corrections Act provides for the segregation of prisoners for the purpose
of security, good order or safety(Corrections Act s 58), protective custody
(Corrections Act s 59), or medical oversight (Corrections Act s 60).69
Security, good order, or safety
A prisoner may be placed in segregation if the prison manager is of the opinion
the security or good order of the prison would otherwise be endangered or
prejudiced, or the safety of another prisoner or another person would otherwise
be endangered.70 If a prisoner is segregated in this way, they must be given
the reasons for their segregation in writing and the chief executive of the
Department of Corrections must be promptly informed. The decision to segregate
someone may be revoked at any time by the chief executive or a Visiting Justice
(Corrections Act s 58(3)(b)), and it must be revoked by the prison manager if there
ceases to be any justification for continuing to restrict or deny the opportunity
of the prisoner to associate with other prisoners (Corrections Act s 58(3)(a)). A
decision to segregate expires after 14 days unless the chief executive directs for it
to continue, in which case the decision must be reviewed by the chief executive
at least every month (Corrections Act sections 58(3)(c) and 58(3)d)(i)). It then
expires after three months unless renewed by a Visiting Justice, who must then
review it in intervals of not more than three months (Corrections Act sections
58(3)(d)(ii) and 58(3)(e)).
Protective custody
The prison manager may direct that the opportunity of a prisoner to associate
with other prisoners be restricted or denied if a prisoner requests this and the
manager considers that it is in the best interests of the prisoner, or if the prison
69 Corrections Act 2004 (http://www.legislation.govt.nz/act/public/2004/0050/latest/DLM294849.html)
70 S 58 Corrections Act
78