New Zealand Legislation: Acts
Acts are laws made by Parliament
The following Part is added after section 14:
“Part 2
“Prevention of Crimes of Torture“Preliminary provisions
“15 Purpose of this Part
The purpose of this Part is to enable New Zealand to meet its international obligations under the Optional Protocol.
“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 Police Complaints Authority:
“(c) the Children's Commissioner:
“(d) visiting officers appointed in accordance with relevant Defence Force Orders issued pursuant to sections 175 and 206 of the Armed Forces Discipline Act 1971:
“(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 Children, Young Persons, and Their Families Act 1989:
“(g) premises approved under the Immigration Act 1987:
“(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.
“Visits by Subcommittee
“17 Purpose of sections 18 to 20
The purpose of sections 18 to 20 is to enable the Subcommittee to fulfil its mandate set out in Article 11 of the Optional Protocol.
“18 Subcommittee's access to information
Every person must permit the Subcommittee to have unrestricted access to the following information in relation to places of detention in New Zealand:
“(a) the number of places of detention:
“(b) the location of places of detention:
“(c) the number of detainees:
“(d) the treatment of detainees:
“(e) the conditions of detention applying to detainees.
“19 Subcommittee's access to places of detention and persons detained
Every person must permit the Subcommittee to have unrestricted access to—
“(a) any place of detention in New Zealand and to every part of that place:
“(b) any person in a place of detention.
“20 Subcommittee may conduct interviews
“(1) Every person must permit the Subcommittee to interview, without witnesses, either personally or through an interpreter,—
“(a) any person in a place of detention:
“(b) any other person who the Subcommittee believes may be able to provide relevant information.
“(2) No person or agency who has provided information in good faith to the Subcommittee may, in respect of the provision of that information, be subject to any—
“(a) criminal liability:
“(b) civil liability:
“(c) disciplinary process:
“(d) change in detention conditions:
“(e) other disadvantage or prejudice of any kind.
“(3) Subsection (2) applies regardless of whether the information provided to the Subcommittee was true.
“(4) If requested by the Subcommittee, the person in charge of a place of detention must provide a safe and secure environment for the Subcommittee to conduct an interview with any detainee who is considered likely to behave in a manner that is—
“(a) offensive, threatening, abusive, or intimidating to any person; or
“(b) threatening or disruptive to the security and order of the place of detention.
“21 Experts may accompany Subcommittee
If the Subcommittee requires it, 1 or more experts selected in accordance with paragraph 3 of Article 13 of the Optional Protocol may accompany the Subcommittee on any visit to a place of detention.
“22 Objection to visit by Subcommittee
“(1) The Minister may, by notice in writing to the Subcommittee, object to the Subcommittee having access to any place of detention for a temporary period if the Minister believes—
“(a) there is an urgent and compelling reason on 1 of the following grounds:
“(i) national defence; or
“(ii) public safety; or
“(iii) natural disaster; or
“(iv) serious disorder in the place of detention; and
“(b) that ground temporarily prevents access to the place of detention.
“(2) On receiving a notice under subsection (1), the Subcommittee must delay its visit to the place of detention to a later date.
“23 Appointment of New Zealand officials
The Minister may appoint 1 or more persons to accompany or assist the Subcommittee during visits to places of detention in New Zealand.
“24 Identification certificates
The Minister may issue a certificate identifying—
“(a) any member of the Subcommittee:
“(b) any expert accompanying the Subcommittee:
“(c) other persons appointed under section 23 to accompany or assist the Subcommittee during visits to places of detention in New Zealand.
“25 Ministerial directions
“(1) The Minister may, by notice in writing, issue directions to any person in charge of a place of detention for the purpose of facilitating any visit to a place of detention in New Zealand by the Subcommittee.
“(2) A person in charge of a place of detention must comply with any directions given by the Minister under this section.
“National Preventive Mechanisms
“26 Designation of National Preventive Mechanisms
“(1) In accordance with Article 17 of the Optional Protocol, the Minister must, not later than 1 year after the Optional Protocol is ratified by New Zealand, designate by notice in the Gazette the number of National Preventive Mechanisms the Minister considers necessary.
“(2) In designating a National Preventive Mechanism the Minister must have regard to the matters set out in Article 18 of the Optional Protocol.
“(3) A National Preventive Mechanism may be designated—
“(a) in respect of such places of detention as may be specified in the notice; and
“(b) on any terms and conditions specified in the notice.
“(4) After designating 1 or more National Preventive Mechanisms under subsection (1), the Minister may, at any time, by notice in the Gazette—
“(a) revoke the designation of a National Preventive Mechanism:
“(b) designate 1 or more other National Preventive Mechanisms:
“(c) vary the designation of a National Preventive Mechanism to include or exclude such other places of detention as may be specified in the notice:
“(d) vary or revoke the terms or conditions to which the designation of a National Preventive Mechanism is subject, or revoke those terms and conditions and impose new terms and conditions.
“27 Functions of National Preventive Mechanism
A National Preventive Mechanism has the following functions under this Act in respect of the places of detention for which it is designated:
“(a) to examine, at regular intervals and at any other times the National Preventive Mechanism may decide,—
“(i) the conditions of detention applying to detainees; and
“(ii) the treatment of detainees:
“(b) to make any recommendations it considers appropriate to the person in charge of a place of detention—
“(i) for improving the conditions of detention applying to detainees:
“(ii) for improving the treatment of detainees:
“(iii) for preventing torture and other cruel, inhuman or degrading treatment or punishment in places of detention:
“(c) to prepare at least 1 written report each year on the exercise of its functions under the Act during the year to which the report relates and provide that report to—
“(i) the House of Representatives, if the National Preventive Mechanism is an Officer of Parliament; or
“(ii) the Minister, if the National Preventive Mechanism is not an Officer of Parliament:
“(d) to provide a copy of each report referred to in paragraph (c) to the Central National Preventive Mechanism (if designated).
“28 National Preventive Mechanism's access to information
For the purposes of this Act, every person must permit a National Preventive Mechanism to have unrestricted access to the following information:
“(a) the number of detainees in the places of detention for which it is designated:
“(b) the treatment of detainees in those places of detention:
“(c) the conditions of detention applying to detainees in those places of detention.
“29 National Preventive Mechanism's access to places of detention and persons detained
For the purposes of this Act, every person must permit a National Preventive Mechanism to have unrestricted access to—
“(a) any place of detention for which it is designated, and to every part of that place:
“(b) any person in a place of detention for which it is designated.
“30 National Preventive Mechanism may conduct interviews
“(1) For the purposes of this Act, every person must permit a National Preventive Mechanism to interview, without witnesses, either personally or through an interpreter,—
“(a) any person in a place of detention for which it is designated:
“(b) any other person who the National Preventive Mechanism believes may be able to provide relevant information.
“(2) No person or agency who has provided information in good faith to a National Preventive Mechanism may, in respect of the provision of that information, be subject to any—
“(a) criminal liability:
“(b) civil liability:
“(c) disciplinary process:
“(d) change in detention conditions:
“(e) other disadvantage or prejudice of any kind.
“(3) Subsection (2) applies regardless of whether the information provided to the National Preventive Mechanism was true.
“(4) If requested by the National Preventive Mechanism, the person in charge of a place of detention must provide a safe and secure environment for the National Preventive Mechanism to conduct an interview with any detainee who is considered likely to behave in a manner that is—
“(a) offensive, threatening, abusive, or intimidating to any person; or
“(b) threatening or disruptive to the security and order of the place of detention.
“Central National Preventive Mechanism
“31 Designation of Central National Preventive Mechanism
The Minister may, at any time, by notice in the Gazette, designate a Central National Preventive Mechanism.
“32 Functions of Central National Preventive Mechanism
“(1) The functions of the Central National Preventive Mechanism, in relation to this Act, are to—
“(a) coordinate the activities of the National Preventive Mechanisms; and
“(b) maintain effective liaison with the Subcommittee.
“(2) In carrying out its functions, the Central National Preventive Mechanism is to—
“(a) consult and liaise with the National Preventive Mechanisms:
“(b) review the reports prepared by the National Preventive Mechanisms under section 27(c) and advise the National Preventive Mechanisms of any systemic issues arising from those reports:
“(c) coordinate the submission of the reports prepared by the National Preventive Mechanisms under section 27(c) to the Subcommittee:
“(d) make, in consultation with all relevant National Preventive Mechanisms, any recommendations to the Government that it considers appropriate on any matter relating to the prevention of torture and other cruel, inhuman or degrading treatment or punishment in places of detention in New Zealand.
“Miscellaneous provisions
“33 Confidentiality of information
“(1) Every person must keep confidential any information that is given to him or her in the exercise of that person's functions or duties under this Act.
“(2) Despite anything in subsection (1), such information may be disclosed for the purpose of—
“(a) enabling New Zealand to fulfil its obligations under the Optional Protocol:
“(b) giving effect to this Act.
“(3) Nothing in this Act prevents a National Preventive Mechanism or the Central National Preventive Mechanism from making public statements in relation to any matter contained in a report presented to the House of Representatives under section 27(c)(i) or section 36(1) that the National Preventive Mechanism or the Central National Preventive Mechanism considers is in the public interest.
“(4) No information disclosed under subsection (2) or public statement made under subsection (3) may include information about an identifiable individual without that individual's consent.
“34 Powers of National Preventive Mechanism
Where a National Preventive Mechanism has powers in relation to the exercise of any functions under any other Act, the National Preventive Mechanism has, in relation to the exercise of its functions under this Part, the same powers.
“35 Protections, privileges, and immunities
Where a National Preventive Mechanism has protections, privileges, and immunities in relation to the exercise of any powers and functions under any other Act, the National Preventive Mechanism has, in relation to the exercise of its functions under this Part, the same protections, privileges, and immunities.
“36 Publication of National Preventive Mechanism report
“(1) As soon as practicable after receiving a report under section 27(c)(ii) the Minister must present a copy of that report to the House of Representatives.
“(2) As soon as practicable after a report of a National Preventive Mechanism has been presented to the House of Representatives under subsection (1) or section 27(c)(i), the National Preventive Mechanism must—
“(a) publicly notify where copies of the report may be inspected and purchased; and
“(b) make copies of the report available to the public at the place set out in the public notification, on request, for inspection free of charge and for purchase at a reasonable cost.
“37 This Part not limited by other Acts
Where an agency or person (including a National Preventive Mechanism) has investigative functions under any other Act not amended by Part 2 of the Crimes of Torture Amendment Act 2006, that other Act does not limit the operation of this Part.”