HUMAN RIGHTS IN NEW ZEALAND 20 1 0
of Social Development and the Families Commission,
in association with communities. It is supported by the
New Zealand today
Aotearoa i tënei rä
Accident Compensation Corporation and the New Zealand
Police.
The Office for Senior Citizens is continuing to develop and
monitor programmes for the prevention of elder abuse
and neglect.
Victims’ rights
The Ministry of Justice is undertaking a review of victims’
rights and access to support services. The Enhancing
Victims’ Rights Review aims to improve government
agencies’ responses to victims of crime and to enhance
victims’ rights and role in criminal justice processes.
The review will cover legislative, policy and operational
options to achieve this.
National security
Counter-terrorism
In general, New Zealand has fully implemented its international anti-terrorism obligations. However, concern
continues to be raised about the effect of New Zealand’s
anti-terrorism regime on the enjoyment of human rights.
In 2005, the Government reviewed the Terrorism
Suppression Act 2002 (TSA). The resulting Terrorism
Suppression Amendment Bill provided for a summary of
classified security information to be given to the entity
concerned, except to the extent that a summary of any
particular part of the information would itself involve
disclosure that would be likely to prejudice the interests
Other agencies
referred to in section 32(3). 23 This exception means
The Ministry of Social Development is responsible for
that the type of information provided to the ‘person
intervening to protect and help children who are being
concerned’ must be limited, because the information,
abused or neglected or who have behavioural problems.
by its definition as classified, invokes the interests in
Local authorities also have a strong role in protecting
the safety of their constituents, through a range of
programmes. One example is the Safer Community
Councils programme, which aims to reduce crime by
supporting ‘at-risk’ families, reducing family violence,
targeting youth at risk of offending, developing
programmes that address the misuse and abuse of alcohol
and other drugs, addressing white-collar crime, and
addressing the concerns of victims and potential victims.
Mäori wardens work in close association with some
Mäori communities and police. They promote respect
among Mäori people for the standards of the community
and take appropriate steps, where possible, to prevent
any threatened breach of law and order. 22
section 32.
In its submission to the select committee, the Commission
was one of many submitters concerned with provisions
which allowed classified security information to be
presented to the court in the absence of the ‘designated
entity’, its lawyers and the public. The Commission raised
concerns about access to a fair trial, if an accused is not
provided with all (classified security) information held
about them.
The committee did not recommend any change to the
process proposed in the bill. It agreed that processes
involving special advocates and security-cleared counsel
would add additional elements of protection. However,
it considered that the inclusion of such procedures in the
act should not be considered in isolation, noting that the
Community law centres and other civil society groups,
Immigration Bill, which was then before the Transport and
including Victim Support, churches, Women’s Refuge,
Industrial Relations Committee, had a number of clauses
Rape Crisis and Age Concern, work to promote and
relating to the use of classified information in decisions
protect security of person.
to be made under the proposed new Immigration Act,
22 Regulation 11(4), Mäori (Community Development) Regulations 1963
23 Terrorism Suppression Act, section 32(3): Disclosure of information falls within subsection (1)(c)(ii) if the disclosure would be likely (a) to
prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or (b) to prejudice
the entrusting of information to the Government of New Zealand on a basis of confidence by the government of another country or any
agency of such a government, or by any international organisation; or (c) to prejudice the maintenance of the law, including the prevention,
investigation, and detection of offences, and the right to a fair trial; or (d) to endanger the safety of any person.
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