New prisoner segregation rules get 'dignity, not sympathy' response from MPs

A new bill before Parliament broadens the legal basis for segregating prisoners, but also mandates basic rights for those prisoners. The bill would allow prison managers to segregate a prisoner to prevent them from committing an offence, recruiting or radicalising others into harmful ideologies, or recruiting others into organised criminal groups.

The Corrections (Management of Prisoners, and Prisoners' Property) Amendment Bill has had its first reading and was referred to the Justice Committee for public submissions.

The minister in charge of the bill, Mark Mitchell said that in recent years Corrections has focused on minimising "the risks posed by a small number of prisoners who pose an extreme threat to others. For example, their history of serious violence towards others, their connection to transnational organised crime, or the risk that their ideology poses to prison or public safety. At the same time, it is important for Corrections' legislative powers to adequately provide the necessary management tools and protections to manage these prisons."

Especially problematic prisoners have been managed in the Prisoners of Extreme Risk Unit (PERU) at Auckland Prison. The Bill outlines and broadens the conditions under which a prisoner can be mandated a Designated Management Prisoner (DMP). It also allows Corrections to seek judicial approval to destroy the personal belongings of any deceased prisoner who has been deemed a terrorist. Basic conditions for segregated prisoners would include minimum amounts of human contact and access to outside.

The first reading debate wasn't especially contentious (only Te Pāti Māori voted against it), but it was interesting.

The minister outlined the bill, while part of its history was given by Labour's Justice Spokesperson, Camilla Belich who related that in late 2024 the Office of the Ombudsman released a report on PERU finding it "quite difficult to reconcile with the international agreements that New Zealand has signed up to [and the values of] New Zealand as a nation." The Ombudsman found the unit to be 'oppressive', with human rights abuses, examples of the use of force; and "cruel and inhumane and degrading treatment".

Belich commended the government for taking these "stark findings" seriously. In this debate no party leaned into the 'hard on crime' rhetoric, despite the potential election year temptation to be seen as more punitive on law and order.

"There are prisoners that pose a real risk," said ACT MP Todd Stevenson, "and we want to make sure that they are dealt with in a way that gives Corrections the powers to be able to deal with them but also does maintain some human dignity and treatment for them. I think this bill will strike the right balance."

Dignity, not sympathy

MPs from across the House took apparent care in the way they described the prisoners likely to be affected by this legislation. No party wants to be accused of caring too much for dangerous convicts.

Labour's Camilla Belich noted that "the people who are impacted by this bill have committed some horrendous crimes and there's unlikely to be much public sympathy for them, but I do think it's commendable as a country if… we do try and make sure that [where and how] they live their lives reflects our shared view of humanity… without expressing any empathy or sympathy at all."

New Zealand First MP and former Police detective Casey Costello commended Belich's approach. "It is, as she says, very difficult to balance the conversation around this very dangerous cohort of prisoners who it is very difficult to have sympathy for, but we should be reflecting on our message as a society in ensuring that we do provide fundamental human rights and respect and dignity to those in those circumstances. I think that considered response was very useful in this discussion."

Green MP Tamatha Paul also pointedly expressed support for the existence of such a corrections unit, pointing out that it was "established in extraordinary circumstances in order to hold, if not the worst person, one of the worst people in the history of this country in custody. We understand why such a unit has to exist, and we absolutely support parts of this bill that attempt to deter or prevent any further spreading of those kinds of hateful, extremist, terrorist views that are not from here and do not belong here."

Most political parties were in amicable accord on this bill, but not without some reservations. Labour and the Greens only promised support for the first reading and into select committee. They are keen to look at details, and especially quiz the minister over whether resourcing will allow prisons to properly fulfil the mandated requirements.

Interestingly, two of the Opposition MPs who spoke had visited the PERU unit recently. Labour's Camilla Belich had accompanied the Labour Corrections spokesperson Dr Tracey McLellan specifically to prepare for this bill, while Green MP Tamatha Paul had also done so when she took on her own party's Justice role.

The only vote against the bill was Te Pāti Māori. In her speech Hana-Rawhiti Maipi-Clarke focused particularly on Treaty obligations or responsibilities that have diminished within Corrections legislation, a department with a strongly Māori 'customer' base.

"Regarding Te Tiriti o Waitangi, the bill fails to recognise that the Crown must take positive steps to protect Māori, and it does not meet the Crown's obligation of active protection. The bill has been introduced within a broader policy landscape where obligations to Te Tiriti are being undermined, narrowed, and erased."

The Corrections (Management of Prisoners, and Prisoners' Property) Amendment Bill has been referred to the Justice Committee for public submissions if you want to contribute to the discussion.

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