New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th periodic review align with the actual funding provided by government. For these NPMs resource pressures are significant, and inhibit the full performance of their OPCAT function. 57. Some NPMs are adopting innovative approaches to address these issues. For example, the IPCA is moving away from its traditional random inspection method. Instead, the authority is working on producing a national standard against which to audit the Police. They hope that this will help the Police to plan systematically and target their resources where they are most needed. The authority still plans to inspect cells randomly from time to time and it will continue to monitor cell conditions in response to complaints. 58. The OCC have been developing the way they monitor Child Youth and Family residences and are focusing on the systemic issues that can impact on how staff and the institution treat children and young people in their care. This new approach aligns with the preventative element of the NPM function. 59. The Ombudsman is in a slightly different but equally difficult position. Although all of its OPCAT work is funded it is limited in its ability, within its existing budget, to monitor prisons and mental health facilities with the frequency, comprehensiveness and depth that is expected under OPCAT. Moreover, in addition to the 104 places of detention which the Ombudsman’s Office currently monitors, there are a further 138 locked aged care facilities and dementia units that may fall within the Ombudsman’s mandate in respect of health and disability places of detention. In order to adequately monitor the facilities that it currently inspects, together with these additional facilities, the Ombudsman would need additional funding.26 60. The SPT expressed concern that the significant resource constraints facing the NPMs severely impedes the full implementation of New Zealand’s international obligations: At paragraph 12 of its report to the New Zealand Government the SPT stated: 27 Most of the components of the NPM have not received extra resources since their designation to carry out their OPCAT mandate which, together with general staff shortages, have severely impeded their ability to do so. 26 Note that Parliament is involved in funding of the Ombudsman. Both government and Parliament need to commit to provision of funding to enable the Ombudsman to monitor additional facilities. 27 Supra note 4 at 12. 23

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