114 S e cti o n T w o – c iv il and politi cal rights and included provision for the use of special advocates. international anti-terrorism obligations in ways that The committee recommended that if the Immigration respect human rights here in New Zealand. Act, as finally enacted, made special provision for the use of classified information in decisions under that act, consideration should be given to the application of those procedures to decisions made under the Terrorism Suppression Act. 24 The UN Human Rights Committee also raised concerns about the arguably discriminatory application of the TSA, and in particular noted the allegedly excessive use of force against Mäori communities during ‘Operation 8’. 27 The UN Human Rights Committee also raised concerns, Individual security commenting: The New Zealand Crime and Safety Survey 2006 28 While noting the obligations imposed under United Nations Security Council Resolution 1373 (2001), the committee expresses concern at the compatibility of some of the provisions of the Terrorism Suppression Amendment Act 2007 with the covenant. It is particularly concerned at the designation procedures of groups or individuals as terrorist entities and at the lack of a provision in the act to challenge these designations, which are incompatible with Article 14 of the covenant. The committee is also concerned about the introduction of a new section allowing courts to receive or hear classified security information against groups or individuals designated as terrorist entities in their absence. 25 The Immigration Act 2009 provides for the special advocate procedure. 26 Despite the limitations of this procedure, the Commission considers that the TSA should be reviewed to consider how it could adopt an analogous showed that 39 per cent of New Zealanders had been victims of one or more crimes in 2005. Certain groups of people continue to experience greater threats than others to their security and safety, including young people, women, Mäori and Pacific peoples, and people with disabilities. Other groups reporting a high level of victimisation included: • sole parents with children (60 per cent in the 2005 survey) • students (57 per cent) and people living with flatmates (54 per cent) • people who were single or in de facto relationships (50 per cent and 49 per cent) • people who rented their homes from private landlords or public agencies (49 per cent and 45 per cent) • people who were unemployed and/or on benefits (48 per cent) • people who lived in the most deprived fifth of New Zealand areas (45 per cent, compared with 35 per cent of those living in the least deprived areas). procedure. Discussion of this legislation will raise issues Many of the characteristics associated with experiencing regarding how best to give effect to New Zealand’s more crime are closely interrelated. 24 Foreign Affairs, Defence and Trade Committee (2007), Terrorism Suppression Amendment Bill as reported from the Foreign Affairs, Defence and Trade Committee, pp 5–6. Accessible online at http://www.parliament.nz/NR/rdonlyres/822D8ABB-A483-44EF-9AE22C7CC9B63F12/66544/DBSCH_SCR_3888_5398.pdf25 25 Human Rights Committee (2010), Concluding Observations of the Human Rights Committee: New Zealand, 7 April, para 13. Accessible online at http://www2.ohchr.org/english/bodies/hrc/docs/CCPR.C.NZL.CO.5_E.pdf 26 Section 263 of the Immigration Act 2009 defines the role of the special advocate as follows: 263 Role of special advocates (1) The role of a special advocate is to represent a person who is the subject of (a) a decision made involving classified information; or (b) proceedings involving classified information. (2) In particular, a special advocate may (a) lodge or commence proceedings on behalf of the person; (b) make oral submissions and cross-examine witnesses at any closed hearing; (c) make written submissions to the tribunal or the court, as the case may be. (3) At all times a special advocate must (a) ensure that the confidentiality of the classified information remains protected; and (b) act in accordance with his or her duties as an officer of the High Court. 264 (2) The designated agency may recognise a lawyer as a special advocate if (a) the lawyer holds an appropriate security clearance given by the chief executive of the Ministry of Justice. 27 Human Rights Committee (2010), para 14 28 Ministry of Justice (2006), New Zealand Crime and Safety Survey 2006 (Wellington: Ministry of Justice)