Office of the Ombudsman on their inspection of Christchurch Men’s Prison. This provided a valuable experience for the Human Rights Commission to understand on-the-ground monitoring and consider how best to support monitoring staff as the CNPM. The Human Rights Commission would like to thank the Office of the Ombudsman for proving this invaluable experience. Following the release of the Torture Ambassador Project report, He Ara Tika – a Pathway Forward, in the 2015-16 year the Commission continues to advocate for the implementation of its recommendations. The report looked at the role of the Optional Protocol to the Convention Against Torture in the monitoring of aged care facilities and disability residences, and concluded these facilities are in the scope of OPCAT. The Commission continues to advocate and work with the Minister and Ministry of Justice to designate a body under OPCAT to monitor these facilities. We remain optimistic that these facilities will be monitored under OPCAT and were pleased to be informed recently that the required designation changes have been approved by the Minister. During the reporting period the Commission also participated in several United Nation’s specialist Committee reviews. These engagements provide an important foundation for domestic advocacy work and improving adherence with international human rights standards in OPCAT related areas. The Race Relations Commissioner attended New Zealand’s examination by the UN Committee for the Elimination of Racial Discrimination. Concluding observations following this examination included that New Zealand strengthen its efforts to address the root causes leading to disproportionate incarceration rates of Mäori. The Chief Commissioner offered his place at New Zealand’s examination by the UN Committee on the Rights of the Child to the Children’s Commissioner. The Children’s Commissioner attended this examination accompanied by a Human Rights Commission senior advisor. Concluding observations following this examination included that New Zealand strengthen its efforts to improve the cultural capability of care and protection system and its engagement with Mäori communities with a view to addressing the overrepresentation of Mäori children in State care. Seclusion and restraint In late April 2017 the Commission released Dr Shalev’s report, Thinking Outside the Box – A review of seclusion and restraint practices in New Zealand. This report outlined several serious concerns about New Zealand’s seclusion and restraint practices. The report was completed with funding from the Office of the United Nations High Commissioner for Human Rights, through the Special Fund of the OPCAT. It was commissioned by the Human Rights Commission to provide an independent perspective on seclusion and restraint practices in several different detention contexts and to identify areas of best practice, as well as areas that require improvement. The report indicated that seclusion and restraint may not always be used as a last resort option, as required by international human rights law, and some of the rooms and units used to seclude people do not provide basic fixtures such as a call-bell to alert staff, a toilet, or fresh running water. It also highlighted the over-representation of Mäori in seclusion and restraint events, a small but persistent number of ‘chronic’ cases where solitary confinement and restraint were used for a prolonged time, and systemic gaps, particularly in relation to the care of those who are mentally unwell. Dr Shalev made a number of recommendations including: • Stopping the use of equipment such as restraint chairs and restraint beds. • Making sure that rooms and cells are of a reasonable size, are clean, safe, well-ventilated, well-lit and temperature controlled and that basic requirements around access to fresh air and exercise, food and drinking water are always met. • Decommissioning facilities that are not fit for purpose. • Ensuring all cells/rooms are equipped with a means for attracting staff attention 7

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