A major new legal resource is being developed to strengthen prisoners’ rights and improve access to justice in Aotearoa, as scrutiny grows over prison conditions and the overrepresentation of Māori in the corrections system.
Dr Fleur Te Aho from the University of Auckland is helping lead Prison Law Aotearoa, a project described by the Borrin Foundation as the first detailed account of prison law bringing together both tikanga Māori and state law in New Zealand. The project will produce an open-access textbook to help lawyers identify legal issues, advise prisoners, and support meritorious claims.
The work responds to long-standing concerns that many prisoners are forced to represent themselves when challenging prison conditions, disciplinary decisions, access to healthcare, parole matters or other rights issues. Without specialist legal support, many struggle to navigate complex rules, strict timeframes and limited access to information.
Te Aho’s wider research focuses on Indigenous peoples and the law, Te Tiriti o Waitangi and criminal justice issues involving Māori. She is also a co-director of Te Puna Rangahau o te Wai Ariki, the Aotearoa New Zealand Centre for Indigenous Peoples and the Law.
The new guide is expected to support prisoners, lawyers, advocates and whānau by making prison law more accessible and by identifying where strategic litigation may help uphold prisoners’ rights.
The project comes as international concern grows over New Zealand’s prison system. In 2025, the United Nations Subcommittee on Prevention of Torture said New Zealand needed to reduce its rising prison population and strengthen independent monitoring by properly funding oversight bodies and implementing their recommendations.
The UN Committee against Torture has also questioned New Zealand over the high number of remand prisoners and the overrepresentation of Māori in prisons.
For Māori, the issue is particularly urgent. Māori remain disproportionately represented across the justice system, and advocates argue that prison law cannot be separated from Te Tiriti, tikanga, whānau connections, rehabilitation and the wider effects of colonisation.
The Prison Law Aotearoa project will include research into tikanga relevant to prisons, including through wānanga, and aims to integrate Māori legal values with state law analysis.
Supporters say that approach could help shift the focus from punishment alone toward accountability, dignity, restoration and reintegration.
As debate continues over prison conditions, rehabilitation and justice reform, Te Aho’s work is expected to provide a significant tool for lawyers and communities seeking to hold the system accountable.
For many advocates, the goal is clear: prisoners do not lose their basic human rights at the prison gate, and a justice system that disproportionately imprisons Māori must also be judged by how it protects dignity, tikanga and access to justice.
