(e)
The reviews of the legislation governing policing and corrections, which have resulted in
improvements to the law in those areas, notably through the Policing Act 2008;
(f)
The enactment of the Crimes Amendment Act 2007 which repeals the legal defence for the use of
reasonable force “by way of correction” in section 59 of the Crimes Act 1961 and prohibits corporal punishment;
and
(g)
The abolition of the death penalty under the Abolition of the Death Penalty Act 1989.
C. Main issues of concern and recommendations
Incorporation of the Convention in national legislation
(4)
While appreciating the steps the State party has taken to bring its domestic laws into compliance with its
obligations under the Convention, the Committee is concerned that the Convention has not been fully incorporated
into domestic law. The Committee notes with concern that the New Zealand Bill of Rights, while giving effect to a
number of provisions of the Convention, including article 2, has no higher status than ordinary legislation in the
domestic legal order, which may result in the enactment of laws that are incompatible with the Convention. The
Committee further notes that judicial decisions make little reference to international human rights instruments,
including the Convention (art. 2).
The State party should:
(a)
Enact comprehensive legislation to incorporate into domestic law all the provisions of the
Convention;
(b)
Establish a mechanism to consistently ensure the compatibility of domestic law with the
Convention; and
(c)
Organize training programmes for the judiciary on the provisions of the Convention and
the jurisprudence of the Committee.
Protection of minorities from torture and ill-treatment
(5)
While taking note of the Maori Strategic Plan developed by the Department of Corrections, as well as the
various initiatives undertaken by the Ministry of Justice to reduce Maori offending, the Committee is alarmed at the
disproportionately high number of Maoris and Pacific Islands people incarcerated, in particular women who,
according to information available to the Committee represent 60 per cent of the female prison population. The
Committee is further concerned at the over-representation of Maoris at all levels of the criminal justice process, as
well as at the insufficient safeguards in place to protect the rights of minorities from discrimination and
marginalization, which put them at a higher risk of torture and ill-treatment (art. 2).
The Committee recalls that the protection of certain minorities or marginalized individuals or
populations especially at risk of torture is a part of the obligation of the State party to prevent torture
and ill-treatment. In this regard, the State party should take further measures including legal,
administrative and judicial measures, to reduce the over-representation of Maoris and Pacific Islands
people in prison, in particular women. The State party should also provide adequate training to the
judiciary and law enforcement personnel that takes into account the obligation to protect minorities,
and integrates a gender perspective. Also, the State party should undertake an in-depth research on
the root causes of this phenomenon in order to put in place adequate safeguards to ensure full
protection of minorities from discrimination and marginalization, which put them at a higher risk of
torture and ill-treatment.
Non-refoulement and detention of asylum-seekers and undocumented migrants
(6)
While noting that the Immigration Bill has incorporated the language of article 3 of the Convention, the
Committee notes with concern that asylum-seekers and undocumented migrants continue to be detained in low
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