the Labour Inspectorate has no authority to investigate work practices that involve exploitative under-payment of child workers. 44. Furthermore, New Zealand’s current regulations that govern health and safety standards in the workplace are not CRC compliant and only provide more rigorous workplace safety standards for children aged under 15.23 Article 37(c) – age mixing in prison/places of detention 45. There has been some substantive progress made over time to enable this reservation to be lifted. The Department of Corrections has in place a “test of best interests” operational policy, the purpose of which is to assess whether an 18 or 19-year old prisoner deemed vulnerable may be held in a youth wing.24 46. Furthermore, as referred to the background information above, the Ministry of Health has developed detailed guidelines to assist District Health Boards comply with the requirements of Article 37(c). The guidelines establish a robust set of criteria that must be met before a child or young person may be detained in an adult mental health ward. External monitoring and oversight is provided by District Inspectors. 47. However, despite these policies, there have been no formal steps made by the Government towards lifting this reservation. Recommendations 48. The Committee may wish to consider including the following questions in its List of Issues for the New Zealand Government:  Given the substantive progress made towards lifting its general reservation and its reservation under Article 37(c), when does the Government intend to initiate the formal withdrawal of each reservation?  If the Government does not intend to initiate the withdrawal of its general reservation and its reservation under Article 37(c), what are its reasons and, more specifically, what legal or policy barriers to withdrawal exist?  Given the Government’s reservation under Article 32.2 concerning a minimum age of entry to employment, what steps is it taking to ensure that all statutory minimum employment standards and workplace safety laws are otherwise compliant with the CRC? Tokelau 23 Health and Safety in Employment Regulations 1995, part 5 http://www.corrections.govt.nz/resources/Prison-Operations-Manual/Movement/M.03-Specified-gender-andage-movements/M.03.html 24 11