25
Manawatu Inspection report—January 2016.
26
There were also 107 eighteen-year olds housed in
adult accommodation on 19 May 2017, who are not
deemed ‘young persons’ under the Oranga Tamariki
Act 1989. However, the Department assesses
prisoners aged 18 to 20 to determine where they
should be held in light of their potential vulnerability.
A Test of Best Interest Assessment is completed to
determine whether they should be held separately
from the adult prison population or whether they are
able to safely mix with them.
27
Above, n 46.
28
Wakari Hospital, Dunedin; Hillmorton Hospital,
Christchurch; Ratonga Rua Porirua, Wellington;
Henry Bennett Centre, Hamilton and the Mason
Clinic, Auckland.
29
At the time of writing there were six service
providers (Te Roopu Taurima O Manukau Trust,
IDEA Services, Community Living, Community Care
Trust, Navigate and Emerge Aotearoa) providing
care across 26 secure residential homes for people
detained under a secure care order or supervised
care order.
30 New Zealand Police categorises its calls as either 1M
(general mental health related) or 1X (threatens or
attempts suicide). This categorisation does not match
Ministry of Health mental health categorisation.
31
New Zealand Police SAS Analytics Data for mental
health (1M) and threatens/attempts suicide (1X)
events. These codes do not necessarily indicate that
a person has a diagnosable mental health condition
or that they meet the criteria for a mental disorder
as defined in the Mental Health (Compulsory
Assessment and Treatment Act) 1992.
32
Ministry of Justice Crime and Justice Insights Sector
Analysis and Modelling, 15 December 2015. This
research did not specify the ethnic break-down
of the people with an indicator of mental illness
proceeded against by Police.
33
IPCA, 2015, Review of Police Custodial Management.
34
https://www.stuff.co.nz/national/crime/93968611/
Holding-youths-in-police-cells-a-continuedembarrassment-for-NZ-Childrens-Commissioner
35
http://www.radionz.co.nz/news/national/332993/
lives-at-risk-by-keeping-youths-in-cells-overnight
36
https://www.stuff.co.nz/national/crime/93951804/
still-no-bed-for-christchurch-14yearold-held-indesolate-police-cell
37
https://www.hrc.co.nz/files/5914/2550/8314/
HRC_IPCA_OOC_2012_-_Joint_thematic_review_
of_young_persons_in_prisons.pdf
38
ttps://www.hrc.co.nz/files/8514/9255/4659/FINAL_
h
Onepager_Police_cells31_March_2017.pdf
39
APT (March 2011) Questionnaire to members
states, national human rights institutions, civil
society and other relevant stakeholders on the role
of prevention in the promotion and protection of
human rights, p. 10.
40
S ubcommittee on Prevention of Torture (May
2008). First Annual Report of the Subcommittee on
Prevention of Torture, CAT/C/40/2, para 12.
41
It sits alongside the obligations to criminalise
torture, ensure impartial investigation and
protection, and provide rehabilitation for victims.
42
UN Special Rapporteur on Torture, Report of the
Special Rapporteur on torture to the 61st session
of the UN General Assembly, A/61/259 (14 August
2006), para 72.
43
OPCAT, Article 1.
35
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