New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th
periodic review
orders under the Parole Act 2002, options for intellectually disabled offenders in the
Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, and the Public Safety
(Public Protection Orders) Bill currently before Parliament.
Key issues:
Protection measures under the Children, Young Persons and Their Families Act 1989
do not extend to 17 year olds.
Corrections legislation continues to extend restrictions on those deprived of their
liberty.
Extended use of preventive detention.
Denial of right to effective remedy and maintenance of reservation to article 14.
Continued use of reverse onus of proof.
Recommended actions:
The Commission recommends that the Committee strongly urge the Government to:
commit to reviewing all legislation relating to detainees within the next reporting
period to ensure that it fully complies with New Zealand’s international obligations;
reconsider the legislative limits which continue to deny any victims of torture and
other cruel, inhuman or degrading treatment with an effective remedy;
commit to taking the required steps to withdraw its reservation to article 14 over the
next reporting period; and
commit to reviewing the use of reverse onus of proof to ensure that the right to be
presumed innocent is fully protected.
12.
Overall legislation and policy concerning detention is well developed and generally
consistent with international standards. A notable gap remains in relation to the
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