III. Rights under the Convention Articles 1 and 4 Measures taken to incorporate Convention into domestic law (List of Issues item 2) Crimes of Torture Act 1989 25. The Crimes of Torture Act (COTA) was enacted in 1989 to enable Aotearoa New Zealand to meet its obligations under the Convention in domestic legislation, by establishing a regime for prosecuting crimes of torture.31 In 2006 the COTA was amended to establish preventive mechanisms, including a multi-body NPM, to meet Aotearoa New Zealand’s obligations under OPCAT.32 As noted in the joint submission of the Aotearoa New Zealand NPMs, the COTA has not been subject to substantive legislative review or amendment since this time. 26. The Commission notes that the definition of torture under section 2(1) of the COTA does not account for the Aotearoa New Zealand-specific context, including the previous suppression of Māori language and culture and the over-policing and incarceration of Māori, which adds essential context to how Māori understand and experience torture and ill-treatment. The COTA is also silent as to the Government’s obligation to uphold Te Tiriti when administering the Act. 27. Section 5 of the COTA requires the Attorney-General’s consent before compensation will be paid to a victim of torture or their family. In ratifying the CAT in 1989, the Government reserved the right to award compensation to torture victims referred to in article 14 of the Convention only at the discretion of the Attorney-General of Aotearoa New Zealand. The Committee has recommended that the Government withdraw this reservation,33 however as set out in more detail below, no action has been taken and section 5 of COTA remains in force. 28. Section 12 of the COTA also requires the Attorney-General to grant consent before any person can be prosecuted for committing an act of torture. There has never been a prosecution for torture in New Zealand under the COTA. We note that two complaints of acts of torture by survivors of Lake Alice were in recent years upheld by the Committee and that, during its inquiries, the Royal Commission of Inquiry on Abuse in Care heard scores of examples of children being abused in State care. 29. Sections 27 to 30 of the COTA establish the NPMs’ monitoring functions, including their unrestricted access to information, detainees and places of detention within their mandate. Section 32 of the COTA sets out the Commission’s functions as the Central NPM. The Central NPM role primarily entails coordinating Aotearoa New Zealand’s NPMs to identify systemic issues arising in places where people are deprived of their liberty. The Commission is not designated to carry out monitoring visits to places where people are deprived of their liberty in Aotearoa New Zealand. 30. Furthermore, the Commission’s primary role is that of Aotearoa New Zealand’s NHRI. The role brings with it an additional mandate regarding monitoring human rights in places of detention. The Global Alliance of National Human Rights Institutions (GANHRI) interprets the UN Paris Principles as mandating NHRIs with functions to monitor, inquire, investigate and report on 31 COTA, s 2A. COTA, s 15. 33 Committee Against Torture, Concluding Observations on the sixth periodic report of New Zealand UN Doc. CAT/C/NZL/CO/6 (2 June 2015) at p.8. 32 10