to adequate and appropriate services and support to facilitate the full realisation of their economic, social and cultural rights. Detention of asylum seekers (LOT 22) 116. Detention of asylum seekers in New Zealand can occur under two circumstances. Those arriving at the border are initially held in police custody pending a risk assessment and court hearing. After the hearing, claimants are either detained at a prison if identity or security concerns are raised, conditionally released to an approved address in their community, or held at the Mangere Accommodation Centre85. 117. Foreign nationals already detained in a prison under section 310 of the Immigration Act 2009 (“Immigration Act”) can claim asylum, but must do so within two days of being taken into custody. In these cases, refugee and protection officers have access to the prison to interview them and are encouraged to make a decision as quickly as possible, ideally within 20 weeks. Claimants remain detained in prison until a decision is made, at which point they are released if granted refugee status. 118. Asylum seekers can appeal to the Immigration and Protection Tribunal if their claims are rejected. For those detained in a prison, the appeal must be made within five working days of the decision, while in all other instances the deadline is 10 working days. Legal aid is also available to those wanting to challenge their detention, a significant change provided for through the 2009 amendments to the Immigration Act. Police cells 119. Under the 2009 Act any police station in New Zealand can be used to detain a person without a warrant of commitment for up to 96 hours including both undocumented migrants and asylum seekers whose identity is uncertain. Under the previous immigration act detention could only last up to 72 hours. Individuals reportedly are generally detained at police stations for no longer than 24-48 hours. 120. The appropriateness of using police stations for immigration purposes has been subject to criticism by human rights groups for some time and has been raised with the CERD Committee previously. For instance, lack of separate facilities for migrants and asylum seekers, as well as overcrowding and poor hygiene86. Detainees also claimed being denied access to their belongings and being forced to sleep in cells 85 Ibid p 6-8 Human Rights Foundation New Zealand, Shadow report to the 15th, 16th and 17th consolidated report of the New Zealand Government under the International Covenant on the Elimination of Racial Discrimination, June 2007, para 3.18, accessed http://www.converge.org.nz/pma/CERD71-HRF.pdf 86 28