New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th periodic review of imprisonment. “The SPT [was] concerned that these amendments will have a negative impact on the number of youth held on remand and the length of time spent on remand, which is already a matter of grave concern. Furthermore, the SPT [was] deeply concerned that the Bail Amendment Bill could exacerbate the disproportionately high number of Māori in prison, given the high rate of Māori recidivism, and the number of Māori currently on remand.”4 15. The SPT also noted that the “2012 Immigration Amendment Bill may have the effect of depriving persons in need of protection of their liberty, based solely on the manner of their arrival in the State party.”5 16. Furthermore the WGAD had particular concerns over the wider availability of preventive detention since the enactment of the Sentencing Act 2002 extended supervision 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). 17. In December 2014 the Parole (Extended Supervision Bill) was passed. The Bill extends the Extended Supervision Order (“ESO”)6 regime to offenders who have committed serious sexual offences and some serious violent offences. The range of qualifying offences is also expanded to include conspiracies and attempts (as well as any equivalent offences committed overseas). An ESO under the proposed regime can be renewed consecutively for 10 year periods. 18. Section 107C of the Parole Act 2002 provides that an offender may be subject to an ESO where the relevant offending pre-dated the commencement of the ESO scheme in 2004. This could be viewed as a retroactive penalty in conflict with New Zealand’s international human rights obligations. The Bill further extended this regime by allowing an ESO to be renewed, which may result in an indeterminate punishment. 19. Taken cumulatively these changes impinge on the rights of detainees and arguably breach New Zealand’s international obligations. It is recommended that the 4 SPT, Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to New Zealand, at 21. 5 Ibid at 22. 6 The purpose of an extended supervision order is to protect members of the community from those who, following receipt of a determinate sentence, pose a real and ongoing risk of committing sexual offences against children or young persons. (Section 107I of the Parole Act 2002). 10