New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th periodic review 9. Other Issues of Concern 184. The Commission wishes to draw the Committee’s attention to three other issues of concern:  arrangements for dealing with people who are severely intoxicated, drugaffected or otherwise mentally impaired;  treatment of people with intellectual or learning disabilities who find themselves required to interact with the criminal justice system; and  the detention of persons with mental disabilities under the Mental Health (Compulsory Assessment and Treatment) Act 1992. Arrangements for dealing with people who are severely intoxicated, drug-affected or otherwise mentally impaired. 185. At around 5.16am on Sunday 23 February 2014, Police found Sentry Taitoko unresponsive and struggling to breathe in a cell at the Counties Manukau District Custody Unit (DCU). Police had taken Mr Taitoko into custody about four hours earlier for breach of the peace and detoxification. Paramedics were called to the cell and attempted to resuscitate Mr Taitoko but he was pronounced dead at 6.10am. 186. The IPCA conducted an independent investigation into Mr Taitoko’s death. The IPCA’s report was released on 27 March 2015.98 187. The IPCA found that the Police “breached their legal duty of care to Mr Taitoko because they did not seek urgent medical care when they first encountered him, and subsequently failed to carry out appropriate checks on his condition.”99 The case highlighted a concern that has long been raised by NPMs jointly and individually – that the current arrangements for dealing with people who are severely intoxicated, drug-affected or otherwise mentally impaired are inappropriate. 98 99 IPCA, Death in Police custody of Sentry Taitoko, Wellington (March 2015). Ibid at 47. 71