Human Rights and Prisons - Rethinking Crime and Punishment

Issues
The accommodation for prisoners in New Zealand is greatly varied. Some of
the older prisons have been subject to stinging criticisms. For example, the
Ombudsmen‟s Office (2005:25) stated that prison conditions „in all older
higher security units are extremely cramped and cannot be described as
pleasant in any sense‟. A 2009 report for the Corrections Association,
described conditions in Auckland prison as „putrid‟ and stated that Mount
Eden was „archaic‟ (NZPA, 2009). As the Department of Corrections
(2008:22) has already identified, a proportion of the prison estate is
approaching, or has reached, the point of obsolescence, „some facilities can
no longer be regarded as fit for purpose, with some being at risk of noncompliance
with relevant building standards‟. In 2009, 1,170 prison beds
were officially considered to be obsolete, with around 1,700 beds expected to
become obsolete by 2016 (Collins, 2009). The Corrections Association
estimates that 1,500-1,800 cells are currently obsolete. Newer prisons will
undoubtedly provide modern, and often light-filled, spaces for prisoners,
however they have also faced criticisms on account of double-bunking issues.
One might argue that, given recent claims that double-bunking aggravates
conflict within the prison (cf Franklin et al, 2006), effective prison management
is not facilitated by current double-bunking 6 . Burgeoning numbers can also
negatively impact upon prisoners‟ opportunities to access programmes,
workshops, activities, services, and so on. This can further aggravate
problems of isolation or mental health concerns. Overall, it is clear that
prisoner accommodation, and the impact of increased prisoner numbers, need
to be continually monitored. The use of double-bunking – and how such
practices impact upon prisoners and staff – also needs to be carefully
evaluated over time.
4.2 Lighting, Heating and Ventilation
Law and policy framework
The Corrections Regulations (Schedule 3) set out the mandatory features of
cells and requires that both new and existing cells are to include heating as
appropriate for climatic conditions and fresh or conditioned air.
Issues
In 2005, the Ombudsmen‟s Office noted problems about the heating and
cooling of cells. In summertime, some cells are oppressively hot, and while
fans were supplied they were provided at the prisoner‟s own expense 7 . Those
6 The Department of Corrections has noted that, on two recent occasions at Christchurch
prison, suicide attempts were prevented by the prisoner‟s cell-mate calling for help. From one
perspective, therefore, double-bunking may have some positive effects. Yet, these events
also raise questions about the context of the suicide attempt, the burden of the „duty of care‟
imposed upon cell-mates to attend to suicidal prisoners, as well as the impact of those events
upon them.
7 Departmental permission for fans is also contingent on the prison having suitable electrical
facilities and that there are no safety or security concerns.
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