Foreword
In 1976 Jean-Jacques Gautier proposed a new
and, at the time, radical idea. He proposed an
international convention that would establish
a system of un-announced visits to places of
detention. Gautier’s idea become a reality with the
adoption of the United Nations Optional Protocol
to the Convention Against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment
(OPCAT) in 2002, and then its entry into force
in 2006. OPCAT emphasises cooperation over
condemnation, and prevention rather than reaction.
New Zealand was an early adopter of OPCAT
and ratified it in March 2007. We were the first
country to have a multi-body National Preventive
Mechanism (NPM), with responsibility for inspecting
places of detention. The NPMs are:
• the Ombudsman: responsible for prisons, health
and disability places of detention, immigration
detention facilities, youth justice residences, and
care and protection residences
• the Independent Police Conduct Authority:
responsible for police custody
• the Children’s Commissioner: responsible for
youth justice and care and protection residences
• the Inspector of Service Penal Establishments:
responsible for Defence Force penal
establishments.
• the Human Rights Commission has a
coordination role as the Central National
Preventive Mechanism (CNPM). The Commission
has responsibility for coordinating activities,
producing reports, identifying systemic issues
and liaising with the United Nations.
Together we play a key role in protecting the
human dignity and rights of individuals who are
2
deprived of their liberty in New Zealand. These
individuals comprise some of the most marginalised
and vulnerable in our society; prisoners, people who
experience mental health conditions and intellectual
disabilities, and children and young people.
This report is the 10th report of the National
Preventive Mechanisms. It summarises the activities
of the NPMs and CNPM during the period 1 July 2016
to 30 June 2017. This report also identifies the areas
where we would like to see more progress, including
specific changes we want to see within the next five
years. These areas are;
Mental health
Those who are detained are more likely to experience
mental health issues, and being detained can
exacerbate these conditions;
• Nintey one per cent of prisoners have been
diagnosed with either a mental health or
substance use disorder over their lifetime.1
• Between 40 and 60 per cent of youth who have
offended have mental health and/or alcohol or
other drug disorders.2
• As at July 2017, every 24 hours Police respond to
90 calls involving a person having a mental health
crisis.3
These people can end up detained in police cells due
to a lack of other suitable facilities and/or because
mental health professionals are not available. Those
in prison, youth justice residences, or care and
protection residences who have serious mental
health conditions should be able to access the
treatment and support they require. This may include
treatment in an inpatient unit when appropriate. Too
often people who are detained do not receive the
help they need.
Human Rights Commission