16 Interpretation

In this Part, unless the context otherwise requires,—

Central National Preventive Mechanism means any person, body, or agency for the time being designated under section 31 as the Central National Preventive Mechanism

deprived of liberty means any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order or agreement of any judicial, administrative, or other authority

detainee means a person in a place of detention who is deprived of his or her liberty

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

National Preventive Mechanism means 1 or more of the following that may, for the time being, be designated under section 26 as a National Preventive Mechanism:

(a)

an Ombudsman holding office under the Ombudsmen Act 1975:

(b)

the Independent Police Conduct Authority:

(c)

the Children’s Commissioner:

(d)

the Registrar of the Court Martial of New Zealand appointed under section 79 of the Court Martial Act 2007:

(e)

any other person, body or agency that is designated a National Preventive Mechanism

Optional Protocol means the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations on 18 December 2002, a copy of the English text of which is set out in Schedule 2

place of detention means any place in New Zealand where persons are or may be deprived of liberty, including, for example, detention or custody in—

(a)

a prison:

(b)

a Police cell:

(c)

a court cell:

(d)

a hospital:

(e)

a secure facility as defined in section 9(2) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003:

(f)

a residence established under section 364 of the Oranga Tamariki Act 1989:

(fa)

a residence established under section 114 of the Public Safety (Public Protection Orders) Act 2014:

(g)

premises approved under the Immigration Act 2009:

(h)

a service penal establishment as defined in section 2 of the Armed Forces Discipline Act 1971

Subcommittee means the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the Committee against Torture, established in accordance with Part II of the Optional Protocol.

Section 16: added, on 5 December 2006, by section 7 of the Crimes of Torture Amendment Act 2006 (2006 No 68).

Section 16 National Preventive Mechanism paragraph (b): amended, on 29 November 2007, by section 26 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

Section 16 National Preventive Mechanism paragraph (d): substituted, on 1 July 2009, by section 87 of the Court Martial Act 2007 (2007 No 101).

Section 16 place of detention paragraph (f): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 16 place of detention paragraph (fa): inserted, on 12 December 2014, by section 144 of the Public Safety (Public Protection Orders) Act 2014 (2014 No 68).

Section 16 place of detention paragraph (g): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).