New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th periodic review Children and Young People 20. It is recommended that the Government review the application of the CYPF Act to 17 year olds. 21. The Commission urges the Government to continue to progress the implementation of the recommendations from the Joint Thematic Review of Young Persons in Police Detention 2012. 22. The Commission recommends that the Government ensure that the development of a new operating model for Child, Youth and Family is founded on New Zealand’s international human rights obligations including under CAT and OPCAT. Historic Claims of Abuse 23. The Commission would also welcome guidance from the Committee on the benefit of judicial verses non-judicial processes as to the amounts of compensation actually received by victims net of legal and other costs. 24. The Commission would welcome guidance from the Committee as to what circumstances, if any, may necessitate structural independence to comply with the impartiality requirement of Article 12. 25. The Commission urges the Government to ensure that any new resolution process extends to all claims of historic abuse in state care and is founded on New Zealand’s international human rights obligations. Any such process must also be appropriately adapted to be accessible to people with intellectual disabilities. 26. The Commission encourages the government to acknowledge all historic abuse and the ongoing detrimental impact it has had on the lives of disabled people who were under state care. It is important that an apology accompany this acknowledgement. Mental Health in places of detention 27. It is recommended that the Government take steps 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 sharing of individuals’ health information across Government agencies. 79