Transgender prison officer receives apology and compensation after being barred from searching male prisoners
His name is subject to a non-publication order imposed by the Human Rights Review Tribunal but he has been referred to as “Adam” in a statement from the Office of Human Rights Proceedings. Adam filed a claim in the tribunal in 2024 alleging discrimination on the basis of sex, including that Corrections barred him from performing prisoner searches “in a manner consistent with his gender”. In an interview with the Spinoff that year, Adam described being “hammered” with transphobic jokes and insults from colleagues after announcing his transition.He said he was also yelled at by a senior officer for conducting a rub-down search of male prisoners and warned of disciplinary action if he continued to do so.It was after this incident that he took his case to the tribunal. Adam has now settled his claim with Corrections, the Office of Human Rights Proceedings said today.The settlement included an apology by Corrections for Adam’s “inability to conduct searches aligned with his gender”, a commitment by Corrections to implement training programmes, and a confidential compensation payment.Adam was represented by Nicole Browne, principal solicitor at the Office of Human Rights Proceedings, in his case.“It has been a privilege to represent Adam and affirm transgender rights under the Human Rights Act 1993,” Browne said. “Dignity is a central human rights value. In my view, any denial of a transgender person’s identity is also an infringement on their dignity.”Adam said he was happy to have the case resolved. “Being treated differently because I am transgender has had a huge impact on me and my employment,” he says. “I am proud of myself for standing up for my rights. One of the main reasons I brought this case was to show that the transgender community deserves protection and respect.”The Department of Corrections said that it had considered its position in relation to transgender staff.“A position statement subsequently issued provides that Corrections staff members are entitled to carry out the full range of duties that align with their gender,” the department said in a statement.“Corrections considers this position better reflects its values of inclusion and diversity. “In resolving the proceedings brought by the staff member before the Human Rights Review Tribunal, Corrections acknowledges the impact the previous lack of guidance on the issue had on the staff member.”The Office of Human Rights Proceedings is part of the Human Rights Commission Crown entity, but acts independently of the commission. Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined NZME’s Open Justice team in 2022 and is based in Hawke’s Bay. His writing in the crime and justice sphere is informed by four years of frontline experience as a probation officer.
