Foreword
The Human Rights Commission invited Dr Sharon Shalev in 2016 to undertake a
review of seclusion and restraint practices in New Zealand’s places of detention.
This was designed to provide an independent perspective on New Zealand’s progress
towards meeting its human rights obligations and where it needed to improve.
Dr Shalev undertook her initial review in co-operation with New Zealand’s National
Preventive Mechanism which consists of five organisations.
Four of these organisations are independent public sector watchdogs tasked with
visiting and monitoring places of detention under the United Nations Optional
Protocol to the Convention Against Torture (OPCAT): Chief Ombudsman, Children’s
Commissioner, Independent Police Conduct Authority and Inspector of Service
Penal Establishments.
The Human Rights Commission is the fifth organisation and it is New Zealand’s
Central National Preventive Mechanism. In this capacity the Commission has
several responsibilities, such as supporting the work of the other four organisations.
Dr Shalev’s 2017 report, Thinking Outside the Box?, provided a clear pathway
forward with a suite of thematic and specific recommendations for New Zealand’s
detaining agencies to implement. Following the release of her report, all agencies
acknowledged Dr Shalev’s recommendations. The Ministry of Health and Oranga
Tamariki committed to implementing most, and the Department of Corrections
committed to implementing some, of Dr Shalev’s recommendations.
Follow-up reports are critical for ensuring the human rights standards the
Government has committed to are worked towards and maintained. As New
Zealand’s Central National Preventive Mechanism under OPCAT, this is a
fundamental concern of the Human Rights Commission.i
It has been the Commission’s privilege to engage Dr Shalev to prepare this vital
follow-up report which assesses the progress agencies have made in implementing
the recommendations in Thinking Outside the Box?. It covers the period from the
date Thinking Outside the Box? was published in 2017 to the period immediately
preceding the COVID-19 pandemic in early 2020.
Dr Shalev’s findings indicate that while there have been positive developments
and strong commitments from the detaining agencies to reduce the use of
seclusion, seclusion and restraint continue to be embedded in their practices.
i.
See Association for the Prevention of Torture, written submission to the Australian Human Rights
Commission Consultation, 21 July 2017 particularly 2. Coordination of the overall system at page 3
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