The UN Special Rapporteur on Torture remarked that: “The very fact that national or international experts have the power to inspect every place of detention at any time without prior announcement, have access to prison registers and other documents, [and] are entitled to speak with every detainee in private … has a strong deterrent effect. At the same time, such visits create the opportunity for independent experts to examine, at first hand, the treatment of prisoners and detainees and the general conditions of detention … Many problems stem from inadequate systems which can easily be improved through regular monitoring. By carrying out regular visits to places of detention, the visiting experts usually establish a constructive dialogue with the authorities concerned in order to help them resolve problems observed.”42 Implementation in New Zealand New Zealand ratified OPCAT in March 2007, following the enactment of amendments to the Crimes of Torture Act 1989, to provide for visits by the SPT and the establishment of National Preventive Mechanisms. New Zealand’s designated National Preventive Mechanisms are: 1 the Independent Police Conduct Authority – in relation to people held in police cells and otherwise in the custody of the police 2 the Inspector of Service Penal Establishments of the Office of the Judge Advocate General – in relation to Defence Force Service Custody and Service Corrective Establishments 3 the Office of the Children’s Commissioner – in relation to children and young persons in Child, Youth and Family residences 4 the Office of the Ombudsman – in relation to prisons, immigration detention facilities, health and disability places of detention, youth justice residences, and care and protection residences 5 the Human Rights Commission has a coordination role as the designated Central National Preventive Mechanism. Functions and powers of National Preventive Mechanisms By ratifying OPCAT, States agree to designate one or more National Preventive Mechanisms for the prevention of torture and ill-treatment (Article 17) and to ensure that these mechanisms are independent, have the necessary capability and expertise, and are adequately resourced to fulfil their functions (Article 18). The minimum powers National Preventive Mechanisms must have are set out in Article 19. These include the power to regularly examine the treatment of people in detention, to make recommendations to relevant authorities and submit proposals or observations regarding existing or proposed legislation. National Preventive Mechanisms are entitled to access all relevant information on the treatment of detainees and the conditions of detention, to access all places of detention and conduct private interviews with people who are detained or who may have relevant information. National Preventive Mechanisms have the right to choose the places they want to visit and the persons they want to interview (Article 20). National Preventive Mechanisms must also be able to have contact with the SPT and publish annual reports (Articles 20, 23). The State authorities are obliged, under Article 22, to examine the recommendations made by the National Preventive Mechanism and discuss their implementation. The amended Crimes of Torture Act enables the Minister of Justice to designate one or more National Preventive Mechanisms as well as a Central National Preventive Mechanism and sets out the functions and powers of these bodies. Under section 27 of the Act, the functions of a National Preventive Mechanism include examining the conditions of detention and treatment of detainees, and making recommendations to improve conditions and treatment and prevent torture or other forms of ill treatment. Sections 28-30 set out the powers of National Preventive Mechanisms, ensuring they have all powers of access required under OPCAT. 31