New ‘Extreme Risk Prisoner’ Laws Advance, Strengthening Prison Security

Prisoners designated as extreme risk will be subject to heightened custodial controls, including reduced time outside their cells and fewer in-person visits.

The Government has taken a significant step toward tightening prison security and modernising corrections law, with new legislation targeting the management of New Zealand's most dangerous inmates passing its first reading in Parliament.

Corrections Minister Mark Mitchell says the Corrections (Management of Prisoners, and Prisoners' Property) Amendment Bill introduces a more structured and legally robust framework to deal with a small but high-risk group of prisoners whose behaviour or affiliations pose serious threats within prisons and beyond.

"This legislation underscores our commitment to restoring law and order," Mr Mitchell said. "It delivers practical, enforceable tools to manage individuals who present an extreme risk to prison safety or the wider public, while maintaining safeguards around natural justice."

Targeting a High-Risk Minority

The proposed law focuses on a narrowly defined group of "extreme risk prisoners," including those linked to transnational organised crime networks, individuals driven by violent or radical ideologies, and offenders with a history of serious violence.

Officials emphasise that while these prisoners represent only a small fraction of the total prison population, they can exert disproportionate influence—often coordinating criminal activity, inciting violence, or threatening staff and other inmates.

The Bill introduces a formal statutory process to determine whether a prisoner meets the threshold for "extreme risk" classification. Decisions will be made by the Corrections chief executive, guided by recommendations from an independent expert advisory panel and supported by relevant intelligence and behavioural assessments.

Stricter Controls with Oversight Mechanisms

Prisoners designated as extreme risk will be subject to heightened custodial controls, including reduced time outside their cells and fewer in-person visits. However, the Government has emphasised that these restrictions will be balanced with improved living conditions in certain respects.

"These prisoners may face tighter restrictions, but they will also have access to cells with self-contained yards, offering more personal space than standard units," Mr Mitchell said.

The legislation also builds in procedural fairness. Prisoners will have the opportunity to submit written representations before decisions are finalised, and their classification must be reviewed if new information emerges or circumstances change.

"This ensures decisions are not only firm but fair," Mr Mitchell added. "We are strengthening security without abandoning the principles of justice."

Explicit Ban on Prolonged Solitary Confinement

A key human rights provision in the Bill is the explicit prohibition of prolonged solitary confinement, bringing New Zealand law into closer alignment with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules).

Under the proposed framework:

• All prisoners must receive at least 10 hours of meaningful human contact over a 14-day period

• Corrections will aim to provide up to 14 hours of meaningful human interaction per week

This marks a shift toward clearer statutory safeguards, ensuring that even high-risk prisoners are not subjected to indefinite isolation.

Broader Reforms to Strengthen Prison Management

Beyond extreme risk classifications, the Bill introduces several additional reforms aimed at improving operational flexibility and security across the corrections system:

• A new segregation ground recognising complex and evolving risks to public safety

• Greater authority for prison managers to move prisoners between restricted and denied association regimes, depending on their risk profile

• A provision allowing Corrections to apply to the High Court to destroy property belonging to deceased prisoners who were designated terrorist entities

• New measures to prevent misuse of prisoner trust accounts, addressing concerns around illicit financial activity within prisons

These changes are designed to respond to emerging threats, including organised crime influence and the misuse of prison systems for external criminal coordination.

Balancing Security, Rights, and Modern Corrections Challenges

The Bill reflects a broader shift in corrections policy toward risk-based management, where resources and restrictions are tailored to the level of threat posed by individual prisoners.

Experts say such frameworks are increasingly necessary as prison systems confront more sophisticated criminal networks and ideological extremism. However, they also note the importance of maintaining transparency and oversight to prevent misuse of expanded powers.

Mr Mitchell maintains the legislation strikes the right balance.

"This is about protecting frontline staff, other prisoners, and the public, while ensuring our system remains fair and consistent with international standards," he said.

The Bill will now proceed through the select committee process, where it is expected to face detailed scrutiny and public submissions before returning to Parliament for further readings.

If enacted, the reforms would represent one of the most significant updates to New Zealand's prison management framework in recent years—aimed at addressing modern security challenges while reinforcing the rule of law.