6.
The SPT expressed concern that the significant resource constraints facing the NPMs
severely impedes the full implementation of New Zealand’s international obligations: At
paragraph 12 of its report to the New Zealand Government the SPT stated:4
Most of the components of the NPM have not received extra resources since their
designation to carry out their OPCAT mandate which, together with general staff
shortages, have severely impeded their ability to do so.
7.
The SPT was equally concerned about the current number of staff and the lack of specific
expertise in some areas:5
Whilst the SPT was impressed by the commitment and professionalism of NPM experts, it
was concerned that the number of staff were inadequate, given the large numbers of
places of detention within their mandates. It was also concerned at the lack of NPM
expertise in medical and mental health issues.
8.
While there have been some positive developments, including increased funding for
the Office of the Ombudsman, concerns remain. The Ombudsman’s funding has been
increased by Parliament on recommendation of a select committee made up of a
majority of opposition Members of Parliament. Other NPMs whose funding is
determined by Government agencies have not received any increases for their
OPCAT work.
9.
Several areas where people are deprived of their liberty are not currently monitored
by NPMs. This includes facilities where people reside subject to a legal substitute
decision-making process, such as locked aged care facilities and dementia units.
10.
A 2016 report He Ara Tika; A pathway forward considered the scope and role of
OPCAT in relation to aged care and disability residences and facilities.6 The report
concluded by recommending inter alia that the New Zealand Government commit
without delay to meeting with NPMs to discuss gaps in the OPCAT monitoring
framework and to develop a plan, with relevant sector bodies and civil society, to
address these gaps.
11.
NPMs have collectively been following up on the recommendations from the report
and are working with the Ministry of Justice to consider current designations.
VIOLENCE AND ABUSE – ARTICLE 2
12.
Despite the efforts of successive governments, violence and abuse remains one of
New Zealand’s greatest contemporary challenges. Children, women and girls,
disabled people, and Maori suffer greater amounts of violence and abuse than others.
4SPT,
Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment to New Zealand, at 12.
5 Ibid, at 13.
6 https://www.hrc.co.nz/files/9314/7251/4226/He_Ara_Tika_Report_2016.pdf The report was prepared as part
of the APF/APT Torture Prevention Ambassador Project.
8