New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th
periodic review
138.
Police cells are intended for the short-term detention of adults awaiting bail or transfer
to a remand facility. They are not suitable for long-term detention of any prisoner, and
are particularly unsuitable for the detention of young people. However, data indicates
that the numbers of children and young people detained in police custody are on the
rise.75
139.
The Joint Thematic Review of Young Persons in Police Detention,76 published by the
IPCA in 2012 issued 24 recommendations aimed at improving police training and
treatment of children of young people in police custody. The Commission urges the
Government to continue to progress the implementation of these
recommendations.
Police procedures
140.
The IPCA’s recent report on police conduct during the Operation 8 raids noted a lack
of police policy regarding planning for and response to children and vulnerable
occupants affected by the raids was undesirable.77 The IPCA recommended that the
Police review and amend their policy on planning for children and vulnerable people,
in order to set out steps to be taken whenever children or vulnerable people are
present during the execution of a search warrant.
Child, Youth and Family
141.
On 1 April 2015 Social Development Minister Anne Tolley announced that “an
independent panel has been established to lead a complete overhaul of Child, Youth
and Family, to ensure that the agency delivers the best possible results for vulnerable
children and their families in the decades ahead.”78 The Panel is due to lodge its first
report on 30 July 2015.
142.
The terms of reference79 are broad and include reviews of the child protections and
youth justice residences and of the adequacy of current independent oversight,
75
http://www.ipca.govt.nz/Site/media/2012/2012-October-23-Joint-Thematic-Review.aspx
Ibid.
77
Independent Police Conduct Authority, Operation 8: The report of the Independent Police Conduct Authority,
p 60, 82.
78
http://www.beehive.govt.nz/release/independent-expert-panel-lead-major-cyf-overhaul
79
http://www.msd.govt.nz/documents/about-msd-and-our-work/newsroom/media-releases/2015/cyfmodernisation-tor.pdf
76
55