Prisoners' rights the focus of groundbreaking project

Prison conditions and the treatment of prisoners in Aotearoa New Zealand have attracted scrutiny from international watchdogs, including a United Nations’ torture prevention body.

Researchers say one challenge is the absence of a comprehensive prison law resource – a gap they hope to help address.

University of Auckland senior law lecturer Dr Fleur Te Aho (Ngāti Mutunga), barrister and University of Auckland alum Dr Eesvan Krishnan, and University of Canterbury Associate Professor James Mehigan have secured $153,000 from the Michael and Suzanne Borrin Foundation to write the first book on prison law in Aotearoa New Zealand.

“The conditions in our prisons and the treatment of prisoners – who are disproportionately Māori and Pacific – continue to be criticised by United Nations bodies, the Ombudsman, members of parliament, NGOs and others,” says Te Aho (Auckland Law School).

“A key challenge is access to justice. Many prisoners are self-represented, and their claims don’t often succeed. There are very few lawyers regularly working in this field.”

The researchers say there are efforts by the profession and NGOs to build capacity and to try to make more effective use of litigation and other legal tools to promote respect for tikanga Māori and human rights in New Zealand prisons, uphold the rule of law, and encourage systemic change.

“Our project aims to assist, and we hope, help catalyse such efforts,” says Mehigan.

“A key constraint to improving access to justice is that we haven’t had a detailed map or commentary on prison law in Aotearoa New Zealand.

“The book will be the first detailed account and analysis of prison law – tikanga and state law – in this country.”

The landmark publication will be freely available and will bring together domestic legislation and case law, te Tiriti and Treaty jurisprudence, comparative case law, international materials and tikanga (the system of law underpinning traditional and contemporary Māori life) relating to prison law.

Krishnan says it will support efforts to uphold prisoners’ rights by helping more lawyers spot legal issues, accurately advise prisoners on whether they have a legal claim, and represent them when they do.

“We hope this project will also aid in identifying opportunities for strategic litigation to vindicate prisoners’ rights.”

In 2024, New Zealand’s Ombudsman at the time found the treatment and conditions of prisoners in the Prisoners of Extreme Risk Unit at Auckland Prison were ‘cruel, inhuman, and degrading’ and raised serious concerns the regime breached domestic and international law.

He said prisoners were subjected to ‘prolonged and potentially indefinite solitary confinement’ as well as ‘oppressive’ living conditions including limited access to natural light and fresh air.

The United Nations’ Committee against Torture has also raised concerns about the prison system citing overcrowding, poor conditions, inadequate healthcare, and practices disproportionately affecting Māori and Pasifika prisoners, including prolonged and indefinite solitary confinement.

Meanwhile, following a 2025 UN Subcommittee on Prevention of Torture visit, the torture prevention body’s delegation head said ten-year prison population forecasts in New Zealand painted a concerning picture: ‘At present, forward planning appears to focus primarily on building new prison facilities rather than expanding the use of alternatives to detention.’

“As the celebrated Māori lawyer and scholar Moana Jackson observed, there’s a fundamental antithesis between tikanga and the existence of prisons,” says Te Aho.

“Pre-colonial Aotearoa did not have prisons. While conscious of this, we want to explore if tikanga might help efforts to secure prisoners’ rights.”

She says a key barrier to deploying tikanga-based arguments in prison law cases is that there’s little guidance specifically identifying and exploring the implications of tikanga relating to prisons.

In light of this, the project will include a wānanga, hosted jointly with Te Puna Rangahau o te Wai Ariki, the Aotearoa New Zealand Centre for Indigenous Peoples and the Law, which will bring together mātanga tikanga, academics, practitioners and others to discuss tikanga relevant to the treatment of prisoners, prison conditions and other prison law issues. A report from the wānanga will help inform the book.

Te Aho says the country’s current lack of a comprehensive resource is a barrier to improving access to justice.

“My hope for the book is that it will help improve the lives of prisoners, particularly the lived experience of Māori in prison.”