APPENDIX 1: Recommendations A. Visits by International Monitoring Bodies 1. The Commission recommends that the Committee urge the Government to commit to implementing the SPT recommendations over the next reporting period (subject to one clarification set out at section 2 of the NPM submission). B. Domestic Implementation of Human Rights Obligations 2. It is recommended that the Government commit to reviewing all legislation relating to detainees within the next reporting period to ensure that it fully complies with New Zealand’s international obligations. 3. The Commission recommends that the Committee urge the Government to:  reconsider the legislative limits which continue to deny victims of torture and other cruel, inhuman or degrading treatment an effective remedy; and  in light of BORA commit to taking the required steps to withdraw its reservation to article 14 over the next reporting period. 4. The Commission recommends that the Government commit to reviewing the use of reverse onus of proof to ensure that the right to be presumed innocent is fully protected. 5. The Commission recommends that the Government commit to amending its process to better protect human rights in legislative development by:  ensuring that section 7 reports are prepared, tabled in Parliament and referred to select committee where a Bill appears to be inconsistent with BORA. In other words where there is a prima facie inconsistency; and  establishing a mechanism for Parliament to periodically review the continued validity of any justified limitation. 75

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