New Zealand Women's Law Journal - Te Aho Kawe Kaupapa Ture a ngā Wāhine, 2022, 7: 46-63

In the last 10 years, domestic and international research has shown that gender-diverse inmates experience more hardship in custody than their cisgendered counterparts because, among other matters, gender-diverse inmates face a
greater risk of violence, sexual assault, social exclusion and bullying.[1]

As that research has developed, two issues have come before the courts in New Zealand. First, whether gender-diverse or transgender offenders should have their sentences reduced under s 8(h) of the Sentencing Act 2002 (the
Act) on the basis that imprisonment will have a disproportionate impact on them compared to cisgendered inmates.2 And second, if transgender offenders’
sentences should be reduced, then by how much? (From the introduction). Record #8217