New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th
periodic review
6.
Children and young people
LOIPR – par 19 – ...please indicate whether all persons under 18 in conflict with the law are
accorded special protection in compliance with international standards. Also, please inform
on the application by the State party of the Beijiing Rules and the current availability of
sufficient youth facilities and whether all juveniles in conflict with the law are held separately
from adults in pretrial detention and after conviction.
Relevant provision of the CAT: Article 11
Key issues
The protections in the CYPF Act do not extend to 17 year olds. Seventeen year olds
are considered adults for penal responsibility, tried as adults, and if convicted, are sent
to adult prisons.
The number of young people detained in police custody is on the rise
There is a lack of consideration of children and vulnerable people when executing
search warrants.
Recommendations
It is recommended that the Government:
review the application of the CYPF Act to 17 year olds;
continue to progress the recommendations from the IPCA’s Joint Thematic Review
of Young Persons in Police Detention;
amend their policy on planning for children and vulnerable people present during the
execution of a search warrant; and
ensure that the development of a new operating model for Child, Youth and Family is
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