Human Rights and Prisons - Rethinking Crime and Punishment

sexual abuse. However, they also note that a recent pilot to reduce strip
searching in the state of Victoria resulted in no change to the seizure of drugs
but there was a reduction in the number of positive tests for drug use, and a
decrease in assaults. In effect, officers became more involved in „dynamic‟
security – that is, officers used their faculties to watch and listen to the women
– and the decrease in searches led to a less stressful environment for the
women.
Further research on the nature and extent of stripsearching, across male and
female prison estates in New Zealand, would be appropriate.
Transgender People
The Human Rights Commission recently completed an Inquiry into
discrimination experienced by transgender people. This highlighted „particular
issues for trans people in prison, including: issues regarding their placement;
search procedures; vulnerability to discrimination, harassment or abuse; and
access to health services such as hormone treatments while in prison‟
(Human Rights Commission, 2009:3.48).
In the wake of this, the Corrections Regulations (r190) and Department policy
(PSOM, M03.05.01) provide that transgender prisoners who have completed
gender reassignment surgery will be accommodated according to their new
gender. Policy (M.03.05.02) also details the transgender prisoners should not
be subject to aggressive or humiliating acts; should be treated according to
their new gender; are entitled to single-cell accommodation (if they are placed
in a prison that conflicts with their new gender); can wear clothing that is
suitable for their needs; must be respectfully searched; and can continue, at
their own cost, any medical or hormonal treatment that was commenced prior
to imprisonment.
8.4 Ethnicity
Law and policy framework
The Department of Corrections has a Māori Strategic Plan (2008-2013) as
well as a Pacific Strategy (2008-2013). These documents establish Māori and
Pacific Peoples representation in the prison system, and set out plans to
reduce reoffending and enhance capabilities among these groups. Relatedly,
the Ministry of Justice have developed initiatives to reduce Māori offending,
and the issue has gained political attention through recent meetings on the
„Drivers of Crime‟.
Issues
There remain high levels of Māori and Pacific peoples sentenced to custody.
11% of the prison population are identified as Pacific Offenders (Department
of Corrections, 2009c) and, given the growing Pacific population in New
Zealand, this figure is expected to grow. Māori form approximately 12.5% of
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