New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th
periodic review
1. Domestic Implementation of Human Rights Obligations
A. Legislation
LOIPR: para 2 – in light of the previous recommendations of the Committee, please provide
updated information on the enactment of comprehensive legislation to incorporate into
domestic law all the provisions of the Convention.
Para 28 – please provide an update regarding any further steps taken by the State party with
regard to withdrawing its reservation to article 14 of the Convention.
Relevant provision of the CAT: Article 2
SPT Recommendation:
The SPT recommends that the State party
(a) Consider withdrawing its reservations to UNCAT, article 14 and CRC
Article 37(c);
(b) Put in place guidelines that restrict the wide discretion of the Attorney
General with regard to prosecutorial decisions for crimes against torture in
order to ensure that decisions whether or not to prosecute an offence of
torture are based solely on the facts of the case;
(c) Reconsider the Bail Amendment Bill in the light of the SPT’s concerns set
out in para 21, above;
(d) Reconsider the Immigration Amendment Bill in the light of the SPT’s concerns
WGAD:
Overall, legislation and policy concerning deprivation of liberty is well developed and to a
high degree consistent with international human rights law and standards.
[However], the Working Group has particular concerns over the wider availability of
preventive detention since the enactment of the Sentencing Act 2002, extended supervision
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