Abstract:
This paper takes a human rights approach to the examination of the practice of strip
searching in New Zealand prisons, and the availability of effective remedies for State
violations of prisoners’ human rights. Taking the view that prisoners do not lose all of
their rights by virtue of their imprisonment, the first half of this paper argues that the
current strip searching procedures under the Corrections Act 2004 provide ineffective
safeguards against prisoner abuse, risking New Zealand’s reputation amongst
international human rights bodies. Additionally, it argues that the proposed changes
under the Corrections Amendment Bill fail to adequately address the concerns under the
current legislation. In light of the risk of abuse created by the current strip searching
legislation, the second half of the paper examines the availability of effective remedies for
State violations of prisoners’ rights. It argues that the current law under the Prisoners’
and Victims’ Claims Act 2005 conflicts with New Zealand’s obligations under
international law to provide effective remedies, by reducing prisoners’ claims to
monetary compensation. Additionally, it argues that the proposed changes under the
Prisoners’ and Victims’ Claims (Redirecting Prisoners’ Compensation) Amendment Bill
further exacerbate this conflict, by failing to give sufficient weight to the emphasis placed
by international law on the protection of prisoner’s from abuse. This paper concludes
that in order to avoid international condemnation, New Zealand should aim to reduce
prisoners’ claims by introducing tighter procedural safeguards, including those
addressing strip searching, in order to prevent abuse in the first place.
