functions. However, the Aotearoa New Zealand courts established a discretionary jurisdiction to award compensation for violations of NZBORA rights in the 1994 case of Simpson v AttorneyGeneral (Baigent’s Case)41. Recently, in Fitzgerald v Attorney-General [2022] NZHC 2465, the High Court awarded $450,000 in compensation to a claimant whose sentence of imprisonment was found to be manifestly unjust and grossly disproportionate, in breach of the prohibition against torture under section 9 and his right not to be subject to arbitrary detention under section 22 of the NZBORA. However, outside of case law authority and legal academic analysis, there is limited guidance for the public about the exercise of this judicial discretion. 37. Furthermore, the Prisoners and Victim’s Claims Act 2005 places particular procedural requirements and restrictions on the compensatory claims by prisoners and persons subject to community-based sentences for breaches and interferences with their privacy rights and rights contained in the NZBORA and HRA.42 38. The Committee may wish to make further inquiries with the Government as to how the NZBORA aligns with its obligations under international human rights law, including those contained in article 14 of the Convention. Article 2 National Preventive Mechanism (List of Issues item 4) 39. Details of the framework, activities and resourcing of OPCAT NPMs are discussed in the joint submission of the Aotearoa New Zealand NPMs. Violence and abuse against women (List of Issues item 5) 40. Aotearoa New Zealand has some of the worst rates of reported sexual and gender-based violence (SGBV) in the OECD, with high rates of attrition and low rates of prosecution. 43 As reflected in international trends, the impact of the COVID-19 lockdowns in 2020 and 2021 led to even more incidents of SGBV in Aotearoa New Zealand.44 Māori45 and disabled women46 were and continue to be disproportionately affected by SGBV. However, Māori-led community organisations were effective in providing a range of safe accessible supports during the pandemic, as well as monitoring and researching family and sexual violence, which highlighted the importance of investing in kaupapa Māori initiatives.47 41 Simpson v Attorney General [Baigent's case] [1994] 3 NZLR 667 Prisoners and Victim’s Claims Act 2005, ss 2, 6, 13 and 14. 43 Ministry of Justice, Attrition and progression: Reported sexual violence victimisations in the criminal justice system (2019) available at https://www.justice.govt.nz/about/news-and-media/news/how-sexual-violence-cases-progress-throughthe-justice-system/. 44 See Submission of the Aotearoa New Zealand Human Rights Commission for the Special Rapporteur on violence against women, its causes and consequences (June 2020) available at https://www.ohchr.org/sites/default/files/202201/new-zealand-nhrc.pdf. 45 Shine, Colonisation and Family Violence, available at https://www.2shine.org.nz/resources/colonisation-and-familyviolence/ ; Aotearoa New Zealand Family Violence Clearing House https://nzfvc.org.nz/sites/nzfvc.org.nz/files/issuespaper-6-2014_0.pdf. 46 Office for Disability Issues Violence against disabled people in Aotearoa New Zealand – new research (22 July 2021) available at https://www.odi.govt.nz/whats-happening/violence-against-disabled-people-in-new-zealand-newresearch/. 47 Aotearoa New Zealand Doctor Rata Aotearoa, Covid-19 restrictions impact family violence and wellbeing, empowered communities key to supporting safety net at home (9 March 2023) available at https://www.nzdoctor.co.nz/article/covid-19-restrictions-impact-family-violence-and-wellbeing-empoweredcommunities-key. 42 12