manager is satisfied that the safety of the prisoner has been put at risk by
another person; and there is no reasonable way to ensure the safety of the
prisoner other than by giving that direction. (Corrections Act s 59(1)). A prisoner
asking to be segregated must give consent in writing and can withdraw consent
at any time (Corrections Act s 59(2)(a)). If the prison manager has decided that
the prisoner is at risk, the segregation may continue and the decision must be
given promptly in writing to the prisoner, and the chief executive informed
((Corrections Act s 59(3)). The direction to segregate 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 59(4)(a)). It may also be revoked, at any time, by the chief
executive, and expires after 14 days unless, before it expires, the chief executive
directs that it continue in force, in which case the decision must be reviewed by
them at intervals of not more than 3 months (Corrections Act s 59(4)(b)-(d)).
Medical oversight
Segregation may also be ordered if the health centre manager of the prison
recommends it to assess or ensure the prisoner’s health (both physical and
mental health, including the risk of self-harm). (Corrections Act s 60(1)). Again,
this decision must be given promptly in writing and the chief executive must
be informed (Corrections Act s 60(2)). This segregation continues until revoked
by the prison manager or chief executive (Corrections Act s 60(3)). The prison
manager may not revoke the segregation unless advised to do so by the health
centre manager (Corrections Act s 60(4)). The health centre manager must
ensure a registered health professional visits the prisoner at least once a day, or
twice a day if the prisoner is at risk of self-harm (Corrections Act s 60(5)).
Corrections Regulations 2005
Regulations 53-64 (‘Segregation of Prisoners’) of the Corrections Regulations
2005 detail the day to day application of sections 58-61 of the Corrections Act.
The Regulations state that prisoners in segregation “must be detained, so far as
is practicable in the circumstances and if it is not inconsistent with the purposes
of the segregation direction, under the same conditions as if he or she were not
subject to a segregation direction.”71
The Regulations further prescribe the standards of accommodation for
each ‘type’ of segregation, and make specific provision for the treatment of
segregated prisoners.72
71 Regulation 62(1) of the Corrections Regulations (2005). http://www.legislation.govt.nz/regulation/
public/2005/0053/latest/DLM315417.html#DLM315897
72
Regulations 57-64 of the Corrections Regulations (2005)
79