Prisons

Last updated: 5 February 2024

GOVERNMENT POLICIES
Prisons
New Zealand official policy and current situation relating to prisons and gender identity.

Replaces earlier regulations that stated only post-surgery transgender people be placed in the prison related to their nominated sex. (1)
Specifies that prisoners be housed in male or female prisons according to their birth certificate.
Allows people to request a review of the placement in male or female prisons except when the prisoner is awaiting sentencing or has been sentenced for serious sexual assault against people of their nominated sex (serious sex offences result in 7+ years sentence).
Specifies that decisions made when a review has been required must take into consideration safety of both the prisoner and other inmates.
Retains a statement that male and females must be housed separately.

Apa Poutama Department of Corrections management manual
The Department's Prison management manual provides rules on managing transgender prisoners.

Among its principles it states gender identity must be maintained.
States "Trans prisoner’s management will not depend on whether they have legal recognition of their gender identity or whether they have undergone medical steps, such as hormone treatment, or surgical steps."
Transgender inmates are initially placed in a cell by themselves.

In 2021 the Department of Corrections announced the release of 'Guideline for Gender Affirming Healthcare for Transgender and Non-Binary Adults and Young Adults'. The guideline is not available on the Department's website.

1. Corrections Regulations 2005, s190.

Last updated 1/2/24