Strip searches in New Zealand prisons
Mark Hanna made this Official Information request to Department of Corrections
The request was partially successful.
From: Mark Hanna
Dear Department of Corrections,
Corrections recently responded to an OIA request regarding strip searches (https://fyi.org.nz/request/3698-strip-se...). I have several questions following on from the information that was released.
1. The document released in response to the earlier OIA request said:
"I can advise that approximately 15 percent of the conducted searches were completed in accordance with section 98(3) of the Corrections Act 2004 and categorised as reasonable cause."
How many strip searches categorised as "reasonable cause" were conducted during each month from June 2011 until the most recent month for which this information is available?
For each of those months, how many of those strip searches resulted in contraband being found?
To my knowledge, the Corrections Act 2004 does not contain a definition of "reasonable grounds" as it is used in Section 98(3). Please provide any guidance Corrections has on what constitutes "reasonable grounds" for conducting a strip search.
2. The document also said:
"If a prisoner refuses to comply with the instruction to undertake a strip search the officers attempt to de-escalate at every opportunity. In the event that a prisoner refuses to submit to a search, the prisoner may be charged with an offence against discipline, and the search carried out, using reasonable force if necessary in accordance with the Corrections Act 2004."
How many strip searches were conducted with the use of "resonable force" during each month from June 2011 until the most recent month for which this information is available?
For each of those months, how many of those strip searches resulted in contraband being found?
3. The document also said:
"As above, the strip searching of prisoners is governed by legislation. Please find an extract from the Corrections Act 2004 Section 94 below.
94(1) A rub-down search or strip search may be carried out only by a person of the same sex as the person to be searched, and no strip search may be carried out in view of any person who is not of the same sex as the person to be searched."
Please clarify what this means in the context of transgender prisoners. How is the sex of a prisoner established in this context?
For example, if a transgender woman is incarcerated in a men's only prison because her birth certificate has her sex incorrectly marked as "male", would she be strip searched by a male corrections officer?
If a transgender prisoner refuses to comply to a strip search because a corrections officer of another gender intends to carry out the search, would the search be carried out using force?
Sincerely,
Mark Hanna
From: Info@Corrections
Department of Corrections
Thank you for contacting the Department of Corrections. This is an
automatic reply to let you know that we have received your email.
Our website, [1]www.corrections.govt.nz provides up to date news and
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If you are requesting information about an offender or prisoner, please
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Kind regards,
[5][Department of Corrections request email]
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5. mailto:[Department of Corrections request email]
From: Info@Corrections
Department of Corrections
Hello,
Please find attached correspondence from the Department of Corrections.
Kind Regards,
Ministerial Services Team
National Office
Department of Corrections
Mayfair House
44-52 The Terrace
Private Bag 1206
Wellington 6140
[1]www.corrections.govt.nz
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information in this message is the property of the New Zealand Department
of Corrections. It is intended only for the person or entity to which it
is addressed and may contain confidential or privileged material. Any
review, storage, copying, editing, summarising, transmission,
retransmission, dissemination or other use of, by any means, in whole or
part, or taking any action in reliance upon, this information by persons
or entities other than intended recipient are prohibited. If you received
this in error, please contact the sender and delete the material from all
computers.
References
Visible links
1. http://www.corrections.govt.nz/
From: Info@Corrections
Department of Corrections
Hello,
Please find attached correspondence from the Department of Corrections.
Kind Regards,
Ministerial Services Team
National Office
Department of Corrections
Mayfair House
44-52 The Terrace
Private Bag 1206
Wellington 6140
[1]www.corrections.govt.nz
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------The
information in this message is the property of the New Zealand Department
of Corrections. It is intended only for the person or entity to which it
is addressed and may contain confidential or privileged material. Any
review, storage, copying, editing, summarising, transmission,
retransmission, dissemination or other use of, by any means, in whole or
part, or taking any action in reliance upon, this information by persons
or entities other than intended recipient are prohibited. If you received
this in error, please contact the sender and delete the material from all
computers.
References
Visible links
1. http://www.corrections.govt.nz/
Mark Hanna left an annotation ()
I have made two more requests related to this one:
Request for release of the Custodial Practice Manual, mentioned in the response to this request: https://fyi.org.nz/request/4169-custodia...
Request for advice on information on use of force in strip searches, to help me make a request for information that would be released: https://fyi.org.nz/request/4170-advice-o...
Mark Hanna left an annotation ()
I've written an article about the information uncovered by this request and Mx Lamusse's one which came before it on the NZ Council for Civil Liberties website: https://nzccl.org.nz/blog/guest-post-str...
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
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Mark Hanna left an annotation ()
The answer to one of my questions has been answered in response to a follow-up on the original request: https://fyi.org.nz/request/3698-strip-se...
"For the purposes of strip-searching, prisoners are to be searched by an officer of the same sex as stated within section 94 of the Corrections Act 2004.
A transgender prisoner placed in a men's prison will be searched by male officers and a transgender prisoner placed in a women's prison will be searched by female officers."
Link to this