New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th periodic review founded on New Zealand’s international human rights obligations including under CAT and OPCAT. 133. As noted above,73 a notable gap remains in relation to the legislative protections available to young people aged 17 years. The CYPF Act is the key piece of legislation relating to detention of children and young people up to the age of 17. Despite recommendations by the UN Committee on the Rights of the Child74 and the Committee to extend the protection measures under the CYPF Act to include 17-yearolds, this has not occurred. 134. Seventeen year olds are considered as adults for penal responsibility, tried as adults and, if convicted, are sent to adult prisons. The Department of Corrections has dedicated Youth Units for male prisoners under the age of 18 years. Male prisoners 18 and 19 years may also be housed in these units if a test shows that this in their best interests. Currently, there is no separate unit for female prisoners under the age of 18 because there are consistently fewer than five at any time. The Government states that they can be easily separated from the mainstream population where appropriate. 135. However, the SPT has noted that the prisoner classification system, combined with limited space and limited staff numbers, undermines the full implementation of juvenile justice standards and in some instances leads to further penalisation of young persons – by for example, being subject to increased lock down periods. 136. It is recommended that the Government review the application of the CYPF Act to 17 year olds. Police Detention 137. When young people need to be arrested for their own safety or the safety of others, it’s an opportunity for them to turn their life around. This kind of intervention is an opportunity to point that life in a different direction. If that doesn’t happen, or worse, if the young person is mistreated or doesn’t know their rights, there are other consequences that follow and they are more likely to reoffend. 73 Paragraph 17. Committee on the Rights of the Child's, Concluding Observations in relation to New Zealand’s 4th and 5th periodic reports, CRC/C/NZL/CO/3-4, 201, http://www.converge.org.nz/pma/CRC-C-NZL-CO-3-4.pdf 74 54