UN Experts Urge New Zealand to Tackle Rising Prison Numbers and Protect Rights

New Zealand must urgently rethink its approach to detention, expand alternatives to imprisonment, and strengthen its independent monitoring system to prevent ill-treatment in places of detention, according to the UN Subcommittee on Prevention of Torture (SPT). Following a 12-day mission from 13 to 25 September 2025, SPT experts expressed concern about New Zealand’s growing prison population, the disproportionate impact on Māori and Pasifika communities, and shortcomings in funding and coordination for the country’s oversight mechanisms.

Prison Forecasts Raise Alarms

During its visit, the delegation warned that New Zealand’s prison population is forecast to rise sharply over the next decade, with government planning heavily focused on expanding facilities rather than prioritizing alternatives to incarceration.

“Prison population forecasts in New Zealand over the next ten years paint a concerning picture. At present, forward planning appears to focus primarily on building new prison facilities rather than expanding the use of alternatives to detention,” said Aisha Shujune Muhammad, head of the SPT delegation.

The experts noted that this trajectory risks worsening structural inequalities, particularly for Māori and Pasifika communities, who already make up a disproportionate share of people behind bars.

Impact of Recent Law Changes

The delegation also raised red flags about recent legislative reforms restricting bail eligibility for certain offences. These changes are expected to significantly increase the number of people held on remand, many of whom will spend extended periods awaiting trial.

“We are especially concerned about children held on remand, who do not receive any reduction of their sentences to account for time already spent in custody,” Muhammad said.

The SPT highlighted that holding youth in custody prior to conviction not only undermines their rights but also increases long-term risks of reoffending and social exclusion.

Independent Monitoring Under Strain

New Zealand was one of the first countries to establish a National Preventive Mechanism (NPM) under the Optional Protocol to the Convention against Torture (OPCAT). The NPM is made up of independent bodies, coordinated by the Human Rights Commission, that monitor places of detention such as prisons, police stations, youth residences, care homes, and rehabilitation centres.

The SPT delegation carried out joint visits with the NPM to several detention sites, observing both good practices and serious challenges. They stressed that the NPM remains an essential safeguard but requires greater political and financial support to fulfil its mandate effectively.

“New Zealand should consider strengthening the coordination role of the Human Rights Commission, providing ringfenced budget lines for NPM activities, and ensuring that the NPM has a broad mandate to visit all places of deprivation of liberty,” Muhammad said.

On-the-Ground Findings

During their mission, the delegation conducted confidential interviews with detainees and staff across a range of facilities, including:

• Prisons and police stations

• Youth justice and care residences

• Drug rehabilitation centres

• Elderly care homes

These interviews revealed systemic issues around overcrowding, long pre-trial detention, and insufficient rehabilitative opportunities. The experts emphasized that investing in community-based alternatives, such as restorative justice programmes, bail support, and culturally appropriate rehabilitation, would not only reduce prison numbers but also improve reintegration outcomes.

Next Steps

The SPT will now prepare a confidential report for the New Zealand Government with detailed observations and recommendations. While the report remains classified by default, the Subcommittee strongly encourages Wellington to publish it in full, as many other states have done, to foster transparency and accountability.

The visiting delegation included Aisha Shujune Muhammad (Maldives), Djordje Alempijevic (Serbia), Elīna Šteinerte (Latvia), and Victor Zaharia (Moldova), supported by two Human Rights Officers from the SPT Secretariat.

A Call for Structural Change

The UN experts stressed that reducing reliance on incarceration is essential not only to protect human rights but also to address underlying inequalities. “We are particularly concerned about the impact on Māori and Pasifika communities, who are already disproportionately represented in the prison population,” Muhammad said.

With prison numbers expected to rise, the SPT concluded that New Zealand faces a pivotal moment: either continue down a path of expanding prison capacity or invest in alternatives that respect human rights, reduce recidivism, and promote social justice.