New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th periodic review 1 Introduction 1. The New Zealand Human Rights Commission (“Commission”) is an independent Crown Entity pursuant to the Crown Entities Act 2004 that derives its statutory mandate from the Human Rights Act 1993 (“HRA”). The long title to the HRA states it is intended to provide better protection of human rights in New Zealand in accordance with United Nations (“UN”) human rights Covenants and Conventions. 2. The Commission welcomes the opportunity to make a submission to the Committee Against Torture (“Committee”) in relation to New Zealand’s sixth periodic review. OPCAT 3. The Crimes of Torture Act 1989 (“COTA”) is the primary piece of anti-torture legislation in New Zealand. An amendment to the COTA in 2006 added a new Part 2 to the Act, with the stated purpose of meeting New Zealand’s obligations under the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“OPCAT”) and with provisions which closely reflect its text. The OPCAT itself is attached in full as a schedule to the Act. 4. New Zealand ratified OPCAT in 2007 and established a multi-body National Preventive Mechanism (“NPM”) comprising four independent monitoring bodies each responsible for specific places of detention, and a central coordinating NPM. The NPMs are the Office of the Ombudsman (“Ombudsman”), the Independent Police Conduct Authority (“IPCA”), the Office of the Children’s Commissioner (“OCC”) and the Inspector of Service Penal Establishments (“ISPE”). The Commission is the central NPM with responsibilities for coordination, reports, systemic issues and liaison with the UN. 5. The NPM has made a separate submission to the Committee which the Commission endorses in full. Visits by International monitoring bodies 6. The United Nations Subcommittee on Prevention of Torture (“SPT”) visited New Zealand for the first time in April 2013. Its report to the New Zealand Government 4