Appendix 3 The legal and administrative framework for the use of seclusion, segregation and restraint in New Zealand (compiled by New Zealand Human Rights Commission staff) Much of New Zealand’s domestic law incorporates the international human rights standards. The long title of the New Zealand Bill of Rights Act (NZBORA) states that it is “An Act to affirm, protect, and promote human rights and fundamental freedoms in New Zealand, and to affirm New Zealand’s commitment to the International Covenant on Civil and Political Rights”. Under section 9 of NZBORA every person has the right not to be tortured or ill-treated. Section 23(5) protects the right of every individual in custody to be treated with “humanity and with respect for the inherent dignity of the person”. The Crimes of Torture Act 1989 (COTA) enables New Zealand to meet its international obligations under the UN Convention Against Torture. This Act makes it a criminal offence for a public official or person acting in an official capacity to commit an act of torture, or to aid, incite, abet or procure an act of torture. Law enforcement officers and Corrections officers are included within the statutory definition of a “public official” for the purposes of the legislation. COTA defines an “act of torture” as including any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for purposes such as obtaining information or a confession, punishing that person or coercing or intimidating them, or for reasons based on discrimination of any kind Under the Crimes Act 1961 anyone who “has actual care or charge of a person who is a vulnerable adult and who is unable to provide himself or herself with necessaries is under a legal duty to provide that person with necessaries and to take reasonable steps to protect that person from injury.” (Crimes Act s 151). A ‘vulnerable person’ is defined as “a person unable, by reason of detention, age, sickness, mental impairment, or any other cause, to withdraw himself or herself from the care or charge of another person.” (Crimes Act s 2). Anyone who fails to discharge this legal duty may be held criminally responsible if, in the circumstances, the omission is “a major departure from the standard of care expected of a reasonable person to whom that legal duty applies.” (Crimes Act s 150A(2)). 77