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. 113

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