CAT/C/NZL/CO/6
(e)
The enactment of the Victims of Crime Reform Bill, which aims to enhance
victims’ rights and role in criminal justice processes and improve the responses of
government agencies to victims of crime;
(f)
The enactment of the Vulnerable Children Act 2014 with new measures to
protect children.
5.
The Committee takes note of the legislative initiatives taken in areas of relevance to
the Convention, including the introduction of a bill to establish victims’ orders against
violent offenders and reduce the likelihood that victims have unwanted contact with their
perpetrators, and encourages their adoption.
6.
The Committee welcomes the efforts of the State party to give effect to the
Convention, including through:
(a)
The issuance of the New Zealand Children’s Action Plan for vulnerable
children of October 2012;
(b)
The adoption, in 2013, of a broader definition of trafficking that includes the
element of “exploitative purpose”;
(c)
The establishment, in December 2014, of a ministerial group on family and
sexual violence jointly led by the Minister of Justice and the Minister of Social
Development.
7.
The Committee notes with appreciation the existence of a vibrant civil society that
contributes significantly to the monitoring of torture and ill-treatment, thereby facilitating
the effective implementation of the Convention in the State party.
C.
Principal subjects of concern and recommendations
Incorporation of the Convention in national legislation
8.
Bearing in mind its previous concluding observations (see CAT/C/NZL/CO/5,
para. 4), the Committee remains concerned that the Convention has not been fully
incorporated into domestic law. The Committee notes that judicial decisions make little
reference to international human rights instruments, including the Convention (art. 2).
The Committee reiterates its previous concluding observations and recommends that
the State party:
(a)
Enact comprehensive legislation to incorporate into domestic law the
provisions of the Convention;
(b)
Strengthen the current mechanisms to ensure the compatibility of
domestic law with the Convention;
(c)
Organize training programmes for the judiciary on the provisions of the
Convention and the jurisprudence of the Committee.
National preventive mechanism
9.
The Committee welcomes the work of the five designated institutions forming the
national preventive mechanism, which are coordinated by the New Zealand Human Rights
Commission. However, it notes that the Children’s Commissioner and the Independent
Police Conduct Authority have not received sufficient resources and that the number of
staff is inadequate to enable these bodies to fulfil their mandate (art. 2).
The State party should strengthen the national preventive mechanism and the five
entities composing it by increasing without delay the funding available and ensure
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