Maxien Stevens, a 38-year-old transgender inmate serving a rare indefinite prison sentence at Auckland South Corrections Facility, has lost his appeal against what he described as ‘punitive segregation.’
Stevens argued that his six-month placement in solitary confinement was unlawful retribution for his consensual relationships with other prisoners.
Stevens was housed at the Serco-managed facility from June 2020 until November 2021. During her incarceration, she was relocated nearly 40 times, primarily due to what officials cited as ‘behavioural and relationship difficulties with staff and prisoners,’ according to a report in legacy media. Her final six months were spent in directed segregation, which she claimed violated prison policy.
The High Court and the Court of Appeal both upheld the segregation order, finding no legal basis for Stevens’ challenge. Justice Peter Andrew of the High Court noted that there was ‘no case where something has gone wrong of a nature and degree which requires the intervention of the court.’
Stevens, who was sentenced under his former name Michael Lesley Stevens in 2004 for sex crimes and other offenses, received an indeterminate sentence in 2016 after reoffending. His history includes collecting thousands of illegal child exploitation images and attempting to groom a boy through an online game.
Despite acknowledging relationships with other inmates, Stevens denied claims that these were unreciprocated or that the prisoners were vulnerable. However, court documents showed that prison officials believed Stevens was ‘mimicking’ his past offenses and expressed concerns about his behaviour, which included encouraging sexualised interactions and pursuing relationships with younger inmates. This led to his directed segregation.
In response to the ruling, officials cited concerns for both Stevens’ safety and that of other inmates. They emphasised that direct segregation was necessary due to the lack of alternative placement options.
Justice Andrew highlighted that Stevens had failed to provide sufficient evidence that the segregation was punitive, concluding that ‘the segregation decision was one that a reasonable decision-maker could reach.’
Stevens was eventually transferred to Auckland Prison at the end of October 2021 after the easing of Covid-19 restrictions, ending his segregation shortly thereafter.
