Guarding Identity: An Investigation of New Zealand’s Accountability Systems for Unrecognised Rights Claimants in Prisons

Abstract

Humanity’s understanding of rights is not static. For many, the recognition of new rights has little impact, but for prisoners, that recognition is of profound importance. Being able to point to a right in legislation enables prisoners to be treated with basic human dignity. For Trans prisoners in New Zealand, policy changes in 2018 means they are now able to do so. Among other things, they can now: access hormone therapy, be put in a facility that aligns with their gender identity, and be free from discrimination. However, for unrecognised rights claimants, there are few protections in place. At its heart, this paper examines how Corrections should reform to ensure prison policy can keep up to date with future rights claimants. To do this, it uses Bovens’ public law accountability framework to analyse why it took nearly two decades for Trans prisoners to obtain their rights. It concludes that administrative accountability bodies need to centralise their processes to better hold Corrections to account. It also finds that legal accountability systems should be reformed vis-à-vis: accessibility, readiness to scrutinise decisions, and legislative requirements on administrative bodies. Finally, it notes some ways in which political, professional and public accountability can be improved.