CAT/OP/NZL/1/Add.1
I. Introduction
1.
New Zealand welcomes the report of the Subcommittee on the Prevention of Torture
received 5 November 2013. This report responds to the recommendations made by the
Subcommittee, and to the extent possible, follows the structure of the Subcommittee’s
report. For ease of reference, this report includes a brief summary of the recommendations
made by the Subcommittee. Please refer to the report of the Subcommittee for the complete
recommendations.
II. National Preventive Mechanism
A.
Functional autonomy of the National Preventive Mechanisms
2.
The Subcommittee recommended the New Zealand Government ensure the National
Preventive Mechanisms have complete autonomy when carrying out their functions and are
free to determine how they use the resources available to them. The Crimes of Torture Act
1989 protects the functional independence of the National Preventive Mechanisms. They
are independent both from the Government and the detaining agencies they monitor. For
example section 26(2) of that Act requires the Minister of Justice to have regard to matters
set out in Article 18 of the Optional Protocol when designating the National Preventive
Mechanisms.
3.
Each National Preventive Mechanism also has its own legislation governing matters
such as membership, functions and independence. The Human Rights Commission,
Children’s Commissioner and Independent Police Conduct Authority are independent
Crown entities and their independence is protected by the Crown Entities Act 2004 as well
as specific legislation for each organisation. The Ombudsmen are Officers of Parliament
established under the Ombudsman Act 1975 and are accountable directly to Parliament.
The Inspector of Service Penal Establishments is appointed by the Registrar of the Court
Martial of New Zealand who is appointed independently under the Court Martial Act 2007.
B.
Resources and expertise available to National Preventive Mechanisms
4.
The Subcommittee recommended the New Zealand Government ensure the National
Preventive Mechanisms have adequate resources to carry out their functions, including
access to relevant expertise. The Government acknowledges that the National Preventive
Mechanisms face the same funding challenges confronting all government-funded
organisations. The Government is committed to adequate funding for the National
Preventive Mechanisms and will continue to work with them to ensure New Zealand can
continue to meet its obligations under the Optional Protocol.
5.
The National Preventive Mechanisms are not funded collectively for their activities
under the Optional Protocol. Each is funded separately through the Government’s Budget
process, as it applies to their type of organisation. The Budget process does not include
separate funding for their activities under the Optional Protocol.
6.
Baseline funding for each National Preventive Mechanism is determined during the
Budget round and it is up to each agency to determine how they prioritise their spending
within that baseline. This includes determining the number of staff and what expertise to
retain internally. For example, the Independent Police Conduct Authority has indicated it is
3