New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th periodic review 61. The SPT was equally concerned about the current number of staff and the lack of specific expertise in some areas:28 Whilst the SPT was impressed by the commitment and professionalism of NPM experts, it was concerned that the number of staff were inadequate, given the large numbers of places of detention within their mandates. It was also concerned at the lack of NPM expertise in medical and mental health issues. 62. The Commission recommends that funding levels should be increased without delay to cover the actual costs of OPCAT work of NPMs, where the appropriation for OPCAT work is less than the actual costs of that work, and to enable NPMs to carry out more site visits and to establish a coordinated mechanism to engage the services of experts to assist with those visits. NPM mandate 63. A substantial number of areas where people are deprived of their liberty are not currently monitored by NPMs. This includes facilities where people reside subject to a legal substitute decision-making process, such as locked aged care facilities, dementia units, compulsory care facilities, community-based homes and residences for disabled persons, and other situations where children and young people are placed under temporary state care or supervision. People detained in these facilities potentially are vulnerable to ill-treatment that can remain largely invisible. 64. Currently, an estimated 138 aged care providers with locked facilities potentially fall within the scope of OPCAT. Care agencies note that with a rapidly aging population the health system is already under pressure as the sector is reaching capacity. These and other factors potentially impact on the quality of care provided to the elderly and increase the risk of ill-treatment, including over-medication and pharmaceutical restraint.29 The WGAD noted “that despite the increasing phenomenon of older persons staying in residential care, there is very little protection available to ensure that they are not arbitrarily deprived of their liberty against their will.” 30 It called on the government “to develop a comprehensive, human rights-based legal framework 28 Ibid at 13. See Elder abuse and neglect, Families Commission (2008), p.16. 30 United Nations Working Group on Arbitrary Detention, statement at the conclusion of its visit to New Zealand (24 March -7 April 2014). 29 24