M.03.02 Pregnant women in prison

Women in prison are accommodated in secure facilities separate from men in prison and are managed independently of men in prison.

Decisions made about imprisoned women in prison must, as far as reasonably practicable, consider their unique needs and acknowledge their family / whānau circumstances as well as their cultural and personal histories.

Any decision affecting women in prison who are pregnant must be fairly and reasonably in the circumstances. Pregnant women require special consideration when arranging temporary removal or when transferring to give birth. This includes consideration of the type of vehicle.

The health and wellbeing of the mother and child must be taken into consideration when planning temporary removals. Temporary release or removal under [section 62 of the Corrections Act 2004] or if a compassionate release under [section 41(1)(a) of the Parole Act 2002] are the proper avenue to follow to allow a woman to give birth outside of a Corrections prison.

Pregnant women have the right to apply to the New Zealand Parole Board for early release on compassionate grounds (see [M.03.02.Form.02 Early release on compassionate grounds giving birth information]). An application for compassionate release could be made and considered before a woman has given birth, however the woman can not be release until they have given birth.

Mechanical restraints are not to be used on women who are 30+ weeks pregnant, are in labour, or remain in hospital with their child after giving birth.