15 November 2023
C174172
Dianne Landy
[email address]
Tēnā koe Dianne
Thank you for your email of 8 October 2023 to the Department of Corrections – Ara
Poutama Aotearoa, requesting information about transgender individuals in prisons Your
request has been considered under the Official Information Act 1982 (OIA).
Managing the safe accommodation of all people in prison is a duty Corrections takes
extremely seriously. Corrections has a range of policies, processes, and tools in place to
ensure people are not placed in units where they could pose a risk to the safety of other
prisoners or be at risk themselves.
If it is established that a prisoner identifies as transgender during their initial reception
process, or at any other point in their management, an alert is placed on their electronic
prisoner file. When a transgender person is first received into prison they are asked if they
want to discuss a placement review. If they have arrived at a prison which is the same as
their gender identity staff check the person understands the reasons for their placement
and discuss any concerns they may have with them.
Transgender people may apply to transfer to a prison that matches their gender identity if
they are eligible under the Corrections Regulations 2005. Prisoners are not eligible to apply
for a review of their placement if they:
a. are serving a sentence for serious sexual offence against a person of the prisoner’s
nominated sex, or
b. are on remand for a serious sexual offence against a person of the prisoner’s
nominated sex, or
c. have previously served a sentence of imprisonment for a serious sexual offence:
i. against a person of the prisoner’s nominated sex, and the sentence expiry date
for that sentence was within 7 years ago.
Following an amendment to the Corrections Regulations, Corrections is no longer required
to transfer someone to a prison that matches the sex shown on their birth certificate. The
sex shown on the birth certificate is one factor that must be considered when someone has
applied to transfer to a prison matching their gender identity, provided they are eligible to
apply.
NATIONAL OFFICE, WELLINGTON
Mayfair House, 44 – 52 The Terrace, Wellington, 6011, Private Box 1206, Wellington 6140,
Phone +64 4 460 3000
www.corrections.govt.nz
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A discussion with a newly received transgender prisoner about their support and
management takes place within three days of their reception under the I.10 policy, even if
they have been received into a prison which is the same as their gender identity. An
individualised support plan is completed and effective within four days of the person’s
reception in prison. The provision of an individual support plan does not depend on whether
the transgender prisoner has legal recognition of their gender identity, or whether they
have undergone medical or surgical steps. Frontline staff have also been provided with
training material to develop an understanding of gender diversity.
The policy procedures applicable to the receipt of trans people into custody are publicly
available at:
https://www.corrections.govt.nz/resources/policy_and_legislation/Prison-Operations-
Manual/Movement/M.03-Specified-gender-and-age-movements/M.03.05-Transgender-
prisoner
Corrections’ policy regarding the management of transgender prisoners regardless of
whether they are housed in a prison that aligns with their gender identity is publicly
available at: https://www.corrections.govt.nz/resources/policy_and_legislation/Prison-
Operations-Manual/Induction/I.10-Management-of-transgender-prisoners
You requested:
1. Could you please tel me how many transgender prisoners incarcerated in NZ jails.
2.
How many male to female MTF prisoners are currently in jail and whether they are in
the Women's Estate How many female to male FTM prisoners and whether they are
in the male estate.
Transgender is a term to refer to people who have a gender identity or gender expression
that differs from the sex that they were assigned at birth. This includes people who identify
as non-binary.
As at 30 September 2023, there were 46 people in a New Zealand prison who identify as
transgender.
Thirty-five of these people identified as women, two of whom resided in a women’s prison.
Four people identified as men, all of whom resided in a women’s prison.
Please note that this response may be published on Corrections’ website. Typical y,
responses are published quarterly, or as otherwise determined. Your personal information
including name and contact details will be removed for publication.
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I trust the information provided is of assistance. I encourage you to raise any concerns
about this response with Corrections. Alternatively, you are advised of your right to also
raise any concerns with the Office of the Ombudsman. Contact details are: Office of the
Ombudsman, PO Box 10152, Wel ington 6143.
Ngā mihi
Leigh Marsh
National Commissioner
