New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th periodic review D. The National Preventive Mechanism LOIPR: para 8 – Please provide information on the functioning of the National Protective Mechanism and whether it has been provided with the necessary human, material and in particular financial resources to enable it to fully comply with its mandate. Relevant provision of the CAT: Article 2 SPT Recommendation: The SPT reminds the State party that the provision of adequate financial and human resources constitutes an ongoing legal obligation of the State party under article 18.3 of the OPCAT. It recommends that the State party: (a) Ensure that the NPMs enjoy complete financial and operational autonomy when carrying out their functions and that they are able to freely determine how to use the resources available to them; (b) As a matter of priority, increase the funding available in order to allow the NPMs to effectively implement their OPCAT mandate throughout the country; (c) Ensure that the NPM is staffed with a sufficient number of personnel so as to ensure that its capacity reflects the number of places of detention within its mandate, as well as being sufficient to fulfil its other essential functions under the Optional Protocol; (d) Provide the NPMs with the means to ensure that they have access to the full range of relevant professional expertise, as required by OPCAT. WGAD The Working Group also recommends that the National Preventive Mechanisms are appropriately resourced to monitor all places of deprivation of liberty, including rest homes 25 S5(2)(m) of the Human Rights Act 1993 requires the Commission “to develop, in consultation with interested parties” an NPA. 21