128.
In March 2015 the IPCA released a review of Police custodial management94 that
identified systemic and organizational deficits that contributed to recurring problems in
Police detention. Specifically, the IPCA noted that discussions with Police and Area
Mental Health Services staff have clearly shown that the problems with the way Police
respond to vulnerable and mentally impaired persons are commonplace.
129.
The report highlighted the absence of appropriate alternatives to Police detention for
dealing with vulnerable people, including those who have not committed an offence,
and the lack of a timely response by Mental Health Services to mentally impaired
persons in Police custody. The IPCA considers that, unless they are violent or pose an
obvious and immediate threat to the safety of others, all practicable steps should be
taken to avoid having mentally impaired people detained in Police cells solely for the
purpose of receiving a mental health assessment.95
130.
Police have developed new training packages for both recruit and frontline officers
based on feedback from Mental Health Service User (“MHSU”) groups, and
acknowledged the importance of having MHSU involved in future thinking around
mental health crisis response. Police watch houses with on-site mental health nurses
have also resulted in better monitoring and continuity of care during police custody.
The SPT recommended this practice be applied nationally.
131.
The Committee may wish to consider including the following question in its
LOIPR for New Zealand:
What steps is the government taking to develop a national strategy and agree
a set of actions to ensure the provision of mental health care in places of
detention which includes mechanisms to ensure the timely and appropriate
sharing of individuals’ health information across Government agencies?
What actions – whether in YCAP or otherwise – has the government adopted
to collect evidence, track and design interventions for individuals in youth
justice custody who have neurodisability issues?
B.
Legislative recognition of economic, social and cultural rights
132.
Despite New Zealand’s commitment to its international obligations, some significant
gaps continue to exist in how New Zealand has incorporated these rights into domestic
law. New Zealand’s policy of not ratifying a treaty until the necessary laws are already
in place, together with a longstanding commitment to social welfare rights, has meant
that its domestic law has generally provided an adequate framework for enforcing the
international standards without further change being necessary.
133.
However, in practice this can mean that not all of the rights contained in the various
international treaties to which New Zealand is a party are given explicit domestic legal
94
95
IPCA, Review of Police Custodial Management, Wellington (March 2015).
Ibid.
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