The Crimes of Torture Act 1989 (COTA) designates the Human Rights Commission (the Commission) as
the Central National Preventive Mechanism (CNPM).
This role entails coordinating with NPMs to identify systemic issues, and liaising with government and the
United Nations Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (SPT). The Commission is an independent Crown Entity with a wide range of functions
under the Human Rights Act 1993. One of the Commission’s primary functions is to advocate and promote
respect for, and an understanding and appreciation of, human rights in New Zealand. The Commission’s
functions include advocacy, coordination of human rights programmes and activities, carrying out
inquiries, making public statements, and reporting to the Prime Minister on any matter affecting human
rights. The Commission also administers a dispute resolution process for complaints about discrimination.
Commissioners are appointed by the Governor General, on the advice of the Minister of Justice, for a term
of up to five years.
Overview
The fundamental premise of OPCAT is based on
international evidence highlighting the deterrent
and preventive effect of independent monitoring
and oversight. The Commission’s role as CNPM is
established under sections 31 and 32 of COTA. COTA
outlines, in general terms, the coordination role
played by the CNPM. The CNPM’s responsibilities,
as developed by the NPMs and CNPM, include:
• Consulting and liaising with NPMs and
coordinating the activities of the NPMs, including:
˚˚ facilitating biannual meetings of the NPMs
˚˚ meeting with international bodies
˚˚ making joint submissions to international
treaty bodies, and
˚˚ providing communications and reporting/
advocacy opportunities.
• Providing human rights expert advice
• Maintaining effective liaison with the SPT
• Coordinating the submission of annual reports
prepared by NPMs to the SPT
• Reviewing annual reports prepared by NPMs to
advise them of any systemic issues arising from
those reports and, in consultation with NPMs,
making recommendations to government on
systemic issues arising from NPMs’ reports through
media releases and thematic reports or briefing
papers, and
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• Coordinating and facilitating engagements with
international human rights bodies and civil
society consistent with the Commission’s broader
mandate under the Human Rights Act 1993
section 5(1) to “promote respect for, and an
understanding and appreciation of, human rights
in New Zealand society”.
Activities During Reporting
Period
The Commission organised and hosted three chair
level meetings. The chairs discussed how to ensure
a there is comprehensive OPCAT monitoring system
and considered what optimum monitoring looked
like. They shared monitoring developments within
their own organisations. Key issues within detention
facilities were discussed including mental health,
seclusion and restraint, intellectual disability, youth
in police detention, and ensuring appropriate and
culturally responsive rehabilitation options for Mäori.
The chairs also agreed to formalise regular meetings
between officials of the various NPM agencies, in
addition to engagement between the respective
chairs. The officials meet four times per year to
collaborate, share experiences, identify ways to
work together more effectively, and progress work
requested by the NPM chairs.
A Human Rights Commission advisor joined the
Human Rights Commission