HUMAN RIGHTS IN NEW ZEALAND 20 1 0 • the Mental Health (Compulsory Assessment and Treatment) Act 1992, which provides for the compulsory assessment and treatment of patients suffering from a mental disorder, sets clear limits on the powers in the act and provides for patient rights (discussed in more detail in the chapter on the rights of people who are detained) • the Privacy Act 1993, which sets out provisions • complaints alleging corruption or flaws in relation to police investigations • complaints of excessive force or other misconduct by police officers. The IPCA released 11 reports during 2008–09. 16 Under section 13 of the Independent Police Conduct Authority Act 1988, police must notify the IPCA of protecting the citizen from impingements of privacy incidents of death and serious bodily harm associated by people in the private and public sector – the Privacy with police actions (for example, deaths in police cells Commission established under this act specifically and deaths or injuries following police pursuits). During monitors compliance with the privacy principles set 2008–09, the IPCA received nine reports of death, one of out in the act. suicide and 40 of serious bodily harm. When the State or its agencies impinge on people’s The Human Rights Commission receives some complaints physical integrity, a number of bodies are empowered from people alleging physical mistreatment by police. to intervene. The Independent Police Conduct Authority Unless the complaint is about alleged discrimination (IPCA) investigates complaints against the police. The under part 1(a) of the Human Rights Act (HRA), the Office of the Ombudsmen investigates complaints by Commission will usually refer the complainant to the prisoners. The Inspector-General of Intelligence and IPCA. Security reviews decisions on intelligence, including the issuing of security certificates. The Health and Disability Commissioner can receive and investigate complaints by consumers of health and disability services. The Human Rights Commission can consider human rights violations. Police complaint and review processes In response to concerns about the independence and efficiency of the Police Complaints Authority, the Independent Police Complaints Authority Amendment Act 2007 replaced it with the IPCA, which is made up of five members and is an independent Crown entity under the Crown Entities Act 2004. In the year ending 30 June 2009, 1997 people made 3090 complaints to the IPCA. Of these, 2331 (75 per cent) were accepted for investigation. Of the 2331 complaints investigated, 1074 were resolved. During 2008–09, the IPCA’s investigators were involved in 219 investigations. The investigations covered a range of serious complaints and incidents, including: • police actions appearing to have contributed to death and serious bodily harm – for example, deaths in police cells, and deaths and injuries arising from police pursuits If the State infringes the BoRA, other legislation or common law rights, individuals may seek restitution through the courts. Protections for the individual The key pieces of legislation that provide individuals with redress and protection from harm are the Crimes Act 1961, 17 the Domestic Violence Act 1995, the Harassment Act 1997, the Children, Young Persons and their Families Act 1989, the Arms Act 1983, the Civil Defence Emergency Management Act 2002, and the Fire Service Act 1975. The Victims’ Rights Act 2002 outlines the principles that guide the treatment of victims of crime. This act ensures that throughout the criminal justice system, victims of crime are: • treated with courtesy and compassion, and with respect for their dignity and privacy • kept informed of important information, and decisions relating to case proceedings • able to participate in criminal justice processes if they wish to. 16 These reports are accessible online at http://www.ipca.govt.nz 17 In relation to the unborn child, section 182 of the Crimes Act 1961 makes it a crime to kill an unborn child that has not become a human being. This offence recognises that there is a life to be protected, but also that the unborn child is not a human being. 111